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Code · U.S. Code · Title 10 - ARMED FORCES · CHAPTER 273— ALLOWABLE COSTS · SUBCHAPTER I— GENERAL · § 3745

§ 3745. Required regulations

713 words·~3 min read·/usc/title-10/section-3745

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)In General.— The Federal Acquisition Regulation shall contain provisions on the allowability of contractor costs. Such provisions shall define in detail and in specific terms those costs which are unallowable, in whole or in part, under covered contracts.
(b)Specific Items.— The regulations shall, at a minimum, clarify the cost principles applicable to contractor costs of the following:
(1)Air shows.
(2)Membership in civic, community, and professional organizations.
(3)Recruitment.
(4)Employee morale and welfare.
(5)Actions to influence (directly or indirectly) executive branch action on regulatory and contract matters (other than costs incurred in regard to contract proposals pursuant to solicited or unsolicited bids).
(6)Community relations.
(7)Dining facilities.
(8)Professional and consulting services, including legal services.
(9)Compensation.
(10)Selling and marketing.
(11)Travel.
(12)Public relations.
(13)Hotel and meal expenses.
(14)Expense of corporate aircraft.
(15)Company-furnished automobiles.
(16)Advertising.
(17)Conventions.
(c)Additional Requirements.—
(1)When questioned costs may be resolved.— The Federal Acquisition Regulation shall require that a contracting officer not resolve any questioned costs until he has obtained—
(A)adequate documentation with respect to such costs; and
(B)the opinion of the contract auditor on the allowability of such costs.
(2)Presence of contract auditor.— The Federal Acquisition Regulation shall provide that, to the maximum extent practicable, the contract auditor be present at any negotiation or meeting with the contractor regarding a determination of the allowability of indirect costs of the contractor.
(3)Settlement to reflect amount of individual questioned costs.— The Federal Acquisition Regulation shall require that all categories of costs designated in the report of the contract auditor as questioned with respect to a proposal for settlement be resolved in such a manner that the amount of the individual questioned costs that are paid will be reflected in the settlement.
(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1832(a), (e), Jan. 1, 2021, 134 Stat. 4218, 4221.)
Connections6 cite this · traces to 6
16 references not yet in our index
  • 134 Stat. 4218
  • Pub. L. 99–145, title IX, § 911(a)(1)
  • 99 Stat. 683
  • Pub. L. 100–456, div. A, title VIII, § 826(a)
  • 102 Stat. 1952
  • Pub. L. 100–463, title VIII, § 8105(a)
  • 102 Stat. 2270–36
  • Pub. L. 100–526, title I, § 106(a)(2)
  • 102 Stat. 2625
  • Pub. L. 102–484, div. A, title X, § 1052(26)(A)
  • 106 Stat. 2500
  • Pub. L. 103–355, title II, § 2101(a)(6)
  • 108 Stat. 3307
  • Pub. L. 104–106, div. D, title XLIII, § 4321(a)(5)
  • 110 Stat. 671
  • section 911(b) of Pub. L. 99–145
Citation graph
cites case law
§ 3745
Required regulations
U.S.C.×2
Pub. L.×1
Fed. Reg.×1
Stat. Comp.×1
Stat.×1
Stat.134 Stat. 4218
Pub. L.Pub. L. 99–145, title IX, § 911(a)(1)
Stat.99 Stat. 683
Pub. L.Pub. L. 100–456, div. A, title VIII, § 826(a)
Stat.102 Stat. 1952
Cites 22 · showing 11Cited by 6 across 5 sources
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