Treasury Order 145-10

DATE:  October 29, 1998

  June 18, 2019

 Remission or Waiver of Liquidated Damages
1.      By virtue of authority vested in the Secretary of the Treasury, including the authority in 31 U.S.C. § 321 (b), I hereby delegate to the Commissioner, Bureau of the Fiscal Service, (the “Commissioner”), the authority of the Secretary:
a.       upon a recommendation from the head of a contracting agency, to remit or waive all or part, as in his discretion may be just and equitable, of liquidated damages for delay assessed against a contractor, in conformity with provisions of 10 U.S.C. § 2312 or 41 U.S.C. § 4707; and
b.      to exercise any right or power, make any finding or determination, or perform any duty or obligation which the Secretary is authorized to exercise, make or perform under 10 U.S.C. § 2312 and 41 U.S.C. § 4707.
2.      This order applies to all bureaus, offices, and organizations in the Department of the Treasury, including the offices of inspectors general within the Department.  The provisions of this order shall not be construed to interfere with or impede the authorities or independence of the Department’s Inspector General, the Treasury Inspector General for Tax Administration, or the Special Inspector General for the Troubled Asset Relief Program. 
3.      The authority delegated to the Commissioner by paragraph 1 further includes any matter in which the Secretary’s authority to remit or waive liquidated damages under the cited statutes is premised upon the delegation to the Secretary from the Acting Director, Office of Management and Budget, set forth in the Acting Director’s “Determination with Respect to Transfer of Functions Pursuant to Public Law 104-53,” dated June 28, 1996.
4.      The Commissioner may redelegate in writing within the Bureau of the Fiscal Service the authority delegated by this order.
Robert E. Rubin
Secretary of the Treasury
Last Updated: 6/28/2019 11:52 AM