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[null,null,"AASHTO Uniform Auditing & Accounting Guide (2024 Edition) - Appendix A"]
[null,null,"Review Program for CPA Audits of Consulting Engineers' Indirect Cost Rates"]
[null,null,"INPUT AREA (SETUP)"]
[null,null,"Name of Engineering Consultant (Auditee)","A/E Company Name"]
[null,null,"Name of CPA Firm/Auditor","CPA Auditor"]
[null,null,"Name of DOT Reviewer","DOT Reviewer"]
[null,null,"Date(s) of DOT Review (fieldwork)","mm/dd/20yy"]

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[null,null,"AASHTO Uniform Auditing & Accounting Guide (2024 Edition) - Appendix A"]
[null,null,"Review Program for CPA Audits of Consulting Engineers' Indirect Cost Rates"]

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["AASHTO Uniform Auditing & Accounting Guide (2024 Edition) - Appendix A"]
["Review Program for CPA Audits of Consulting Engineers' Indirect Cost Rates"]
["CONTENTS (Click on blue text below to follow links.)"]
["Background and Objectives"]
["I. Preparatory Work for DOT Reviewer"]
["I.A. Current Indirect Cost Rate Schedule"]
["I.B. Indirect Cost Rate Schedules From Prior Years"]
["I.C. Analytical Procedures"]
["I.D. General Purpose Financial Statements"]
["I.E. CPA-Client Relationship"]
["II. GAGAS GENERAL STANDARDS"]
["II.A. Peer Review Report"]
["II.B. CPE"]
["II.C. Independence"]
["II.D. Peer Review Report"]
["III. GAGAS FIELD WORK STANDARDS. "]
["III.A. Planning"]
["III.B. Engagement Letter"]
["III.C. Prior Findings"]
["III.D. Quality of Audit Documentation"]
["IV. FORMAT AND CONTENTS OF AUDIT REPORT"]
["IV.A. Audit Opinion"]
["IV.B. Scope"]
["IV.C. Basis for Determining Eligible/Allowable Costs"]
["IV.D. Report on Internal Controls"]
["IV.E. Communication of Results of Audit"]
["IV.F. Disclosure Notes"]
["IV.G. Elements of Audit Report"]
["V. CPA’s AUDIT TESTING"]
["V.A. General Ledger (adequacy of accounting system)"]
["V.B. General Ledger, continued (statistical sampling)"]
["V.C. Labor Accounting System"]
["1. Total Time Accounting"]
["2. Timesheets"]
["3. Reconciliations"]
["4. Labor-distribution analysis"]
["5. Uncompensated overtime"]
["6. Standard costing system: variances"]
["7. Premium portion of overtime"]
["8. Project-related purchased/temporary labor"]
["9. Labor testing (size and mix of sample, risk assessment, & transactions and attributes)"]
["V.D. Direct Costs/Verification of Company In-House Rates and Direct Billings"]
["1. List of direct cost accounts and amounts"]
["2. Reviewed of direct cost accounts for consistency"]
["3. Computation of in-house billing rates"]
["4. Application/consistency of use of in-house billing rates"]
["5. Verification of project billings"]
["V.E. Cost Pooling and Allocation Methodologies"]
["1. Cost allocation and homogeneity of cost pools"]
["2. Indirect cost rates for multiple regions, reporting units, and/or engineering disciplines"]
["3. Internally-generated Other Direct Costs: segregation, allocation, and consistency"]
["4. Internally-generated Other Direct Costs: resolution of variances from over- or under-allocation of actual costs"]
["5. Internally-generated costs: cost pooling"]
["V.F. Audit Testing, Generally (review of source documents and selection of LDS items)"]
["V.G. Audit Testing: Specific Cost Elements"]
["V.G.1. Executive Compensation Review"]
["V.G.2. Superior Performance"]
["V.G.3. Indirect Cost Accounts"]
["- Table V.3: HIGH-RISK ACCOUNTS: SUMMARY OF INDIRECT COST TESTING"]
["- Summary of Testing and Results"]
["V.H. Allocation Base Used for Indirect-Cost Rate Computation"]
["V.I. Field Rate Accounting"]
["V.J. Elements of the CPA Workpapers/Audit Program"]
["V.K. Compliance with Cost Accounting Standards (CAS)"]
["VI. Reviewer’s Final Determination"]
["VI.A. Exit Conference"]
["VI.B. Reviewer’s Conclusion Statement"]
["VI.C. Review Memorandum"]
["VI.D. Contact Information"]
["VII. Additional Notes"]
["FAR Part 31 Keyword Index"]
["FAR Part 31 Complete Text"]

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[]
["Name of Engineering Consultant (Auditee)",{"$f":"SETUP!D4","v":"A/E Company Name"}]
["Name of CPA Firm/Auditor",{"$f":"SETUP!D5","v":"CPA Auditor"}]
["Name of DOT Reviewer",{"$f":"SETUP!D6","v":"DOT Reviewer"}]
["Date(s) of DOT Review (fieldwork)",{"$f":"SETUP!D7","v":"mm/dd/20yy"}]
[]
["Background and Objectives.",null,"Next Section"]
["Independent CPAs perform audits of engineering consultants’ Statements of Direct Labor, Fringe Benefits, and General Overhead (indirect cost rate schedules) to obtain reasonable assurance that the indirect cost rate schedules are presented in accordance with Part 31 of the Federal Acquisition Regulation (FAR), which includes by reference, to the extent applicable, Generally Accepted Accounting Principles (GAAP) and the Cost Accounting Standards (CAS) of 48 CFR subpart 9900. In turn, State DOT auditors review the CPAs’ work to determine whether the audits adhere to applicable auditing standards and whether the indirect cost rates and Facilities Capital Cost of Money (FCCM) rates audited by the CPAs should be accepted by DOTs for purposes of cost reimbursement and project cost estimates.  "]
["This Review Program was designed to provide State Department of Transportation (State DOT) auditors with a framework to provide consistency in—"]
["·  Evaluating the CPA’s familiarity and compliance with the Government Auditing Standards (GAGAS), Generally Accepted Auditing Standards (GAAS), which is codified under the Clarified Statements on Auditing Standards (AU-C); generally accepted accounting principles; 23 U.S.C. 112(b)(2); 23 CFR 172; FAR Part 31; and interpretive guidance such as the DCAA Contract Audit Manual (CAM) and the AASHTO Uniform Audit and Accounting Guide (AASHTO Guide)."]
["·  Determining whether the CPA’s workpapers support the opinions stated in the Audit Report regarding the engineering \n   consultant’s—"]
["   -       job-cost accounting and estimating systems;"]
["   -       indirect cost rate schedule;"]
["   -       internal control structure;"]
["   -       compliance with the applicable laws, regulations, and guidance; and"]
["   -       Identification and segregation of field office costs."]
["·  Verifying the adequacy of the audit procedures used by the CPA."]
["·   Ensuring the CPA presented the audit findings and the Audit Report to the engineering consultant."]
["·    Ensuring that the CPA’s audit adjustments agree to the adjustments listed on the final, audited indirect cost rate schedule \n    submitted to State DOTs."]
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[" Then, did the workpapers adequately justify the reduced testing? (For example, did the CPA \n    deem it unnecessary to trace each increment of time through the various financial and job-cost \n    systems because of low perceived risk due to automated posting of time records?)  "]
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["3. If applicable, did the CPA review the consultant’s in-house billing rates to ensure the \n    following?\n"]
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["XXX-XXX-XXXXX"]

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[null,{"$f":"Background!B2& \" - \"&Background!B3& \" - \"&Background!B4& \" - \"&Background!B5","v":"A/E Company Name - CPA Auditor - DOT Reviewer - mm/dd/20yy"},null,null,null,"Next Section"]
["y","I. PREPARATORY WORK FOR DOT REVIEWER.",null,"Completed","WP No.","Previous Section"]
["y","I.A. CURRENT INDIRECT COST RATE SCHEDULE. Obtain the indirect cost rate schedule for the engineering consultant’s most recently completed fiscal year.\n\n\n\n\n\n\n\n",null,"[  ]"]
["y","Comments:"]
["y"]
["cy","CPA/Auditor's Comments:",null,"[  ]"]
["cy"]
["y","I.B. INDIRECT COST RATE SCHEDULES FROM PRIOR YEARS. Obtain indirect cost rate schedule(s) from previous year(s). ",null,"[  ]"]
["y","Comments:"]
["y"]
["cy","CPA/Auditor's Comments:",null,"[  ]"]
["cy"]
["y","I.C. ANALYTICAL PROCEDURES. Compare indirect cost rate schedules for consistency of amounts, rates, and allocations to home office and field offices.",null,"[  ]"]
["y","Comments:"]
["y"]
["cy","CPA/Auditor's Comments:",null,"[  ]"]
["cy"]
["y","I.D. GENERAL PURPOSE FINANCIAL STATEMENTS. Obtain copy of general purpose financial statements for the period being reviewed, if available, and/or Form 10K for publicly-traded companies (many times this can be obtained from the company’s website). Review of the financial statements may provide additional information regarding related party transactions, acquisition of another firm(s) or other organizational changes, and other information that could be used during the review of the CPA’s Audit Report.",null,"[  ]"]
["y","Comments:"]
["y"]
["cy","CPA/Auditor's Comments:",null,"[  ]"]
["cy"]
["y","I.E. CPA-CLIENT RELATIONSHIP. Evaluate the length of time there has been a business relationship between the CPA and engineering consultant and whether the CPA has a close relationship with any of the consultant’s management or other personnel. (In accordance with GAGAS 3.27 and 3.28, the CPA should employ safeguards to either eliminate threats of independence or reduce them to an acceptable level.)",null,"[  ]"]
["y","Comments:"]
["y"]
["cy","CPA/Auditor's Comments:",null,"[  ]"]
["cy"]

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[null,{"$f":"Background!B2& \" - \"&Background!B3& \" - \"&Background!B4& \" - \"&Background!B5","v":"A/E Company Name - CPA Auditor - DOT Reviewer - mm/dd/20yy"},null,null,null,null,null,"Next Section"]
["y","II. GAGAS GENERAL STANDARDS.",null,"Yes","No","N/A","WP No.","Previous Section"]
["y","II.A. PEER REVIEW REPORT. Review the CPA’s most recent Peer Review Report. Did the CPA receive a Peer Review Rating of Pass (GAGAS 5.60)? If not, document the comments of the peer reviewer(s), obtain a copy of the corrective action plan, and note any possible impairment(s) to the audit work performed.",null,"[  ]","[  ]","[  ]"]
["y","Comments:"]
["y"]
["cy","CPA/Auditor's Comments:",null,"[  ]","[  ]"]
["cy"]
["y","II.B. CPE. Did the CPA meet the minimum Yellow Book requirements for CPE credit per GAGAS 4.16-4.18? Review the earned CPE hours and course listing for each individual CPA who worked on the assignment:\n    • 80 hours CPE over 2 years\n    • 24 hours in government auditing or government environment\n",null,"[  ]","[  ]"]
["y","Comments:"]
["y"]
["cy","CPA/Auditor's Comments:",null,"[  ]","[  ]"]
["cy"]
["y","II.C. INDEPENDENCE. Did it appear that the CPA was free from personal, external, and organizational impairments to independence, and did the CPA avoid the appearance of such impairments to independence (GAGAS 3.27 through 3.34)?",null,"[  ]","[  ]"]
["y","Comments:"]
["y"]
["cy","CPA/Auditor's Comments:",null,"[  ]","[  ]"]
["cy"]
["y","II.D. COMPETENCY. (Answer “yes” or “no,” based on overall conclusion.) Did the staff assigned to conduct the audit collectively possess adequate professional competence for the tasks required (GAGAS 4.02 through 4.15)? Determine the sufficiency of CPA firm’s knowledge of applicable audit criteria, such as the following:",null,"[  ]","[  ]"]
["y","   • Have the firm and assigned staff members had recent experience in conducting financial statement audits?\n   • Were staff members assigned to the audit knowledgeable regarding applicable auditing standards? \n   • Were staff members assigned to the audit proficient with the FAR?\n   • Were assigned staff members knowledgeable of the AASHTO Guide and other relevant guidance \n      (e.g., the DCAA CAM and/or supplemental materials issued by State DOTs?)\n   • Have assigned staff members received specific training in relevant subjects?\n   • Has the firm had recent experience in conducting FAR audits?\n   • Have any State DOTs already reviewed any of the CPA’s audits of other consulting firms? If “yes,” \n     the DOT reviewer should contact those states to see if they identified any problems with the \n     CPA’s work."]
["y","Comments:"]
["y"]
["cy","CPA/Auditor's Comments:",null,"[  ]","[  ]"]
["cy"]

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[null,{"$f":"Background!B2& \" - \"&Background!B3& \" - \"&Background!B4& \" - \"&Background!B5","v":"A/E Company Name - CPA Auditor - DOT Reviewer - mm/dd/20yy"},null,null,null,null,null,"Next Section"]
["y","III. GAGAS FIELD WORK STANDARDS.",null,"Yes","No","N/A","WP No.","Previous Section"]
["y","III.A. PLANNING. Did the CPA's workpapers contain evidence that audit planning (including risk assesment) complied with applicable auditing standards? (Specifically, see Items III.A.1 through III.A.14 below):\n",null,"[  ]","[  ]"]
["y","Comments:"]
[]
["cy","CPA/Auditor's Comments:",null,"[  ]","[  ]"]
["cy"]
[null,"III.A.1. If the auditor succeeded another auditor, did the successor auditor initiate communications with the predecessor auditor to ascertain whether there were matters that might assist the auditor in determining whether to accept the engagement? (AU-C 210.11-.12)",null,"[  ]","[  ]","[  ]"]
["y","Comments:"]
[]
["cy","CPA/Auditor's Comments:",null,"[  ]","[  ]","[  ]"]
[]
[null,"III.A.2. Did the auditor involve the engagement partner and other key members of the engagement team in planning the audit, including planning and participating in the discussion among engagement team members? (AU-C 300.05)",null,"[  ]","[  ]","[  ]"]
["y","Comments:"]
[]
["cy","CPA/Auditor's Comments:",null,"[  ]","[  ]","[  ]"]
[]
[null,"III.A.3. Did the auditor establish an overall audit strategy that sets the scope, timing, and direction of the audit that guides the development of the audit plan? (AU-C 300.07)",null,"[  ]","[  ]","[  ]"]
["y","Comments:"]
[]
["cy","CPA/Auditor's Comments:",null,"[  ]","[  ]","[  ]"]
[]
[null,"III.A.4. Did the auditor develop an audit plan that includes a description of the nature and extent of planned risk assessment procedures? (AU-C 300.09)",null,"[  ]","[  ]","[  ]"]
["y","Comments:"]
[]
["cy","CPA/Auditor's Comments:",null,"[  ]","[  ]","[  ]"]
[]
[null,"III.A.5. Did the auditor develop an audit plan that includes a description of the nature and extent of planned further audit procedures at the relevant assertion level in response to the assessed risks? (AU-C 300.09, AU-C 300.A22)",null,"[  ]","[  ]","[  ]"]
["y","Comments:"]
[]
["cy","CPA/Auditor's Comments:",null,"[  ]","[  ]","[  ]"]
[]
[null,"III.A.6. Did the auditor document the overall audit strategy, the audit plan, and any changes made during the audit engagement to the overall audit strategy or audit plan and the reasons for such changes? (AU-C 300.14)",null,"[  ]","[  ]","[  ]"]
["y","Comments:"]
[]
["cy","CPA/Auditor's Comments:",null,"[  ]","[  ]","[  ]"]
[]
[null,"III.A.7. Did the auditor determine materiality? (AU-C 300) Also, was the materiality determined by the auditor appropriate for the audit (i.e., did the auditor use a benchmark relevant to the indirect cost rate schedule, such as direct labor, and was materiality set at a low level in accordance with the public accountability principle, per GAGAS 6.03)? ",null,"[  ]","[  ]","[  ]"]
["y","Comments:"]
[]
["cy","CPA/Auditor's Comments:",null,"[  ]","[  ]","[  ]"]
[]
[null,"III.A.8. (Answer \"Yes\" or \"No\" based on overall conclusion) Did the auditor properly document fraud risk considerations? (AU-C 240) Documentation should include: \n    - Discussion among engagement personnel regarding the susceptibility of the entity's financial statements to material  \n       misstatement due to fraud\n   - Inquiries of management and others within the entity about risks of fraud\n   - Other information obtained that indicates risks of material misstatement due to fraud\n   - The identification and the assessment of risk of material misstatement due to fraud at the financial statement level and at \n      the relevant assertion level for classes of transactions, account balances and disclosures\n   - The auditor's overall responses to address the assessed risks of material misstatement due to fraud at the financial \n      statement assertion level\n   - The evaluation of misstatements and whether they are indicative of fraud",null,"[  ]","[  ]","[  ]"]
["y","Comments:"]
[]
["cy","CPA/Auditor's Comments:",null,"[  ]","[  ]","[  ]"]
[]
[null,"III.A.9 Did the auditor perform risk assessment procedures, including inquiries of management and others within the entity, analytical procedures, and observations and inspection? (AU-C 315.05-.11)",null,"[  ]","[  ]","[  ]"]
["y","Comments:"]
[]
["cy","CPA/Auditor's Comments:",null,"[  ]","[  ]","[  ]"]
[]
[null,"III.A.10. Did the auditor identify and assess the risks of material misstatement at the financial statement level and the relevant assertion level related to classes of transactions, account balances, and disclosures? (AU-C 315.26-.27)",null,"[  ]","[  ]","[  ]"]
["y","Comments:"]
[]
["cy","CPA/Auditor's Comments:",null,"[  ]","[  ]","[  ]"]
[]
[null,"III.A.11. Did the auditor design and perform substantive procedures for all relevant assertions related to each material class of transaction, account balance, and disclosure? (AU-C 330.18-.24)",null,"[  ]","[  ]","[  ]"]
["y","Comments:"]
[]
["cy","CPA/Auditor's Comments:",null,"[  ]","[  ]","[  ]"]
[]
[null,"III.A.12. Where risk of material misstatement for any relevant assertion or significant account is indicative of an inherent risk assessment set at less than high, is there a reasonable basis for that assessment? (AU-C 315)",null,"[  ]","[  ]","[  ]"]
["y","Comments:"]
[]
["cy","CPA/Auditor's Comments:",null,"[  ]","[  ]","[  ]"]
[]
[null,"III.A.13. If control risk is assessed at less than high, has evidence been obtained to support the level of reliance planned? (AU-C 330.07-.10) Specifically:\n   - For controls where sampling is planned, is the level of testing sufficient to support the level of planned reliance? \n   - For controls not involving sampling, has sufficient evdience been gathered to support level of planned reliance? ",null,"[  ]","[  ]","[  ]"]
["y","Comments:"]
[]
["cy","CPA/Auditor's Comments:",null,"[  ]","[  ]","[  ]"]
[]
[null,"III.A.14. Does the assessed level of risk(s) of material misstatement for each account/audit area/relevant assertion reflect a reasonable judgment under the circumstances? (AU-C 200)",null,"[  ]","[  ]","[  ]"]
["y","Comments:"]
[]
["cy","CPA/Auditor's Comments:",null,"[  ]","[  ]","[  ]"]
[]
["y","III.B. ENGAGEMENT LETTER. Did the audit contract, engagement letter, or agreement include the following? (Answer “yes” or “no,” based on overall conclusion.)    \n  \n   ",null,"[  ]","[  ]","[  ]"]
["y","   • The period to be covered, \n   • The cost pools to be audited, \n   • The reports to be prepared, \n   • That representatives of State agencies and other applicable Government audit staff shall have access \n      to the audit documentation upon request and in a timely manner (GAGAS 6.34), \n   • That working papers be maintained for at least three years after the date of the report, \n   • Any restrictions or special conditions, and\n   • Citations to the relevant standards and/or regulations to be followed (e.g., GAGAS, GAAS, and \n      FAR Part 31)?\n\n"]
["y","Comments:"]
["y"]
["cy","CPA/Auditor's Comments:",null,"[  ]","[  ]","[  ]"]
["cy"]
["y","III.C. PRIOR FINDINGS. Did the CPA follow up on known material findings and recommendations from prior audits (GAGAS 6.11)?",null,"[  ]","[  ]","[  ]"]
["y","Comments:"]
["y"]
["cy","CPA/Auditor's Comments:",null,"[  ]","[  ]","[  ]"]
["cy"]
["y","III.D. QUALITY OF AUDIT DOCUMENTATION. Did the audit documentation (GAGAS 6.31, 6.32) provide adequate evidence of the following?  "]
["y","     • Overall, there was sufficient detail to provide a clear understanding of the CPA’s work (additional \n        detail, supplementary, or oral explanations should not be necessary); ",null,"[  ]","[  ]"]
["y","     • The audit evidence obtained included its source, descriptions of transactions and records \n        examined, and the conclusions reached;  ",null,"[  ]","[  ]"]
["y","     • The documentation provided sufficient detail to enable an experienced auditor, having no previous    \n        connection to the audit, to understand—"]
["y","– the nature, timing, and extent of auditing procedures performed to comply with Yellow Book and            \n   other applicable standards and requirements;  ",null,"[  ]","[  ]"]
["y","– the results of the audit procedures performed and the audit evidence obtained; ",null,"[  ]","[  ]"]
["y","– the conclusions reached on significant matters; and ",null,"[  ]","[  ]"]
["y","– the accounting records agree or reconcile with the audited financial statements or other audited \n   information.",null,"[  ]","[  ]"]
["y","     • The documentation provided evidence of supervisory review of the work performed (GAGAS 6.31).",null,"[  ]","[  ]"]
["y","Comments:"]
["y"]
["cy","CPA/Auditor's Comments:"]
["cy"]

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[null,{"$f":"Background!B2& \" - \"&Background!B3& \" - \"&Background!B4& \" - \"&Background!B5","v":"A/E Company Name - CPA Auditor - DOT Reviewer - mm/dd/20yy"},null,null,null,null,null,"Next Section"]
["y","IV. AUDIT REPORT: FORMAT AND CONTENTS.",null,"Yes","No","N/A","WP No.","Previous Section"]
["y","IV.A. AUDIT OPINION. Did the report contain an opinion stating that the audited indirect cost rate schedule was fairly presented in accordance with applicable Federal laws and regulations?",null,"[  ]","[  ]"]
["y","Comments:"]
["y"]
["cy","CPA/Auditor's Comments:",null,"[  ]","[  ]"]
["cy"]
["y","IV.B. SCOPE. Did the report contain a scope paragraph stating that the audit was performed in accordance with Yellow Book standards?",null,"[  ]","[  ]"]
["y","Comments:"]
["y"]
["cy","CPA/Auditor's Comments:",null,"[  ]","[  ]"]
["cy"]
["y","IV.C. BASIS FOR DETERMINING ELIGIBLE/ALLOWABLE COSTS. Did the scope paragraph state that the CPA used FAR Part 31 as the primary basis for determining costs eligible for reimbursement under Government contracts?",null,"[  ]","[  ]"]
["y","Comments:"]
["y"]
["cy","CPA/Auditor's Comments:",null,"[  ]","[  ]"]
["cy"]
["y","IV.D. REPORT ON INTERNAL CONTROLS. \n"]
["y","• Did the CPA issue a report on the Internal Control and compliance with laws, regulations, and \n  provisions of contracts or grant agreements as required by Government Auditing Standards?",null,"[  ]","[  ]"]
["y","Comments:"]
["y"]
["y","• If “yes,” were all significant deficiencies and material weaknesses in the internal control that were found \n  by the auditor disclosed in the auditor’s report? (GAGAS 6.40)",null,"[  ]","[  ]","[  ]"]
["y","Comments:"]
["y"]
["cy","CPA/Auditor's Comments:",null,"[  ]","[  ]","[  ]"]
["cy"]
["y","IV.E. COMMUNICATION OF RESULTS OF AUDIT. Review the procedures used by the CPA to communicate to the engineering consultant the results of the audit and, if applicable, any deficiencies in internal controls \n(GAGAS 6.40). Were the procedures adequate? \n",null,"[  ]","[  ]"]
["y","Comments:"]
["y"]
["cy","CPA/Auditor's Comments:",null,"[  ]","[  ]"]
["cy"]
["y","IV.F. DISCLOSURE NOTES. (Answer “yes” or “no,” based on overall conclusion.) Were the Disclosure Notes to the Report Adequate? (See AASHTO Guide, Chapter 11, which discusses Audit Reports and Minimum Disclosures.)",null,"[  ]","[  ]"]
["y"]
["y","At a minimum, the following should have been disclosed (if applicable). An \"[X]\" signifies that the attribute was met:",null,"Attribute Met:"]
["y","     • Description of the Company (11.2.A)",null,"[  ]"]
["y","     • Basis of Accounting (11.2.B).",null,"[  ]"]
["y","     • Description of Accounting Policies, including Cost Allocation Policies (11.2.C).",null,"[  ]"]
["y","     • Description of Overhead Rate Structure (11.2.D).",null,"[  ]"]
["y","      – Reporting unit; "]
["y","      – Single base or multiple bases, and how the base(s) is (are) applied."]
["y","     • Description of Labor Related Costs (11.2.E). ",null,"[  ]"]
["y","     The disclosures should include comments regarding:"]
["y","      – Policies regarding the allocation of project labor (e.g., actual vs. standard hourly rates and, if applicable, how \n         and when are variances computed and recorded); "]
["y","      – Contract/Purchased Labor; "]
["y","      – Paid Time Off; "]
["y","      – Paid Overtime & Uncompensated Overtime (e.g., how is overtime premium treated, and how does the company \n          account for uncompensated overtime), Executive Compensation Analysis, Pension/Deferred Compensation, \n          and Employee Stock Option Plans. "]
["y","     • Description of Depreciation and Leasing Policies (11.2.F).",null,"[  ]"]
["y","     • Description of Related-Party Transactions (11.2.G).",null,"[  ]"]
["y","     • Facilities Capital Cost of Money (FCCM) (11.2.H).",null,"[  ]"]
["y","     • List of Direct Cost Accounts (11.2.I).",null,"[  ]"]
["y","      – Were direct costs consistently allocated to cost objectives/projects?"]
["y","      – Were individual charge-rates (if applicable) listed, along with a general description of the audit procedures \n          used to verify the accuracy of the rates?"]
["y","     • Estimation Process (11.2.J). Was a statement included noting that the company’s method of \n        estimating costs for pricing purposes during the proposal process was consistent with the \n        accumulation and reporting of costs under the company’s job-order cost accounting system?",null,"[  ]"]
["y","     • Management’s Evaluation of Subsequent Events (11.2.K). Was a statement included noting that the \n        company has adequately considered the effect of subsequent events up to the date the indirect cost \n        rate schedule was issued?",null,"[  ]"]
["y","Comments:"]
["y"]
["cy","CPA/Auditor's Comments:"]
["cy"]
["y","IV.G. ELEMENTS OF AUDIT REPORT. Did the CPA’s Audit Report contain a list of costs submitted by the engineering consultant, adjustments and allowed costs per audit, explanations of the adjustments, and FAR references for the adjustments made?",null,"[  ]","[  ]"]
["y","Comments:"]
["y"]
["cy","CPA/Auditor's Comments:",null,"[  ]","[  ]"]
["cy"]

{"sheet":"V.A to V.F-CPA Audit Testing","index":8,"n_rows":128,"n_cols":9,"rows_kept":128,"cut":false,"hidden":false,"merged":[[124,3,125,5],[99,2,127,2],[65,3,65,6],[88,3,93,6],[99,3,99,6],[74,5,74,6],[58,2,87,2],[88,2,98,2],[58,3,58,7],[126,3,127,5],[106,3,107,5],[95,3,96,6],[109,3,110,5],[112,3,113,5],[115,3,116,5],[118,3,119,5],[121,3,122,5],[51,2,57,2],[45,2,47,2],[48,2,50,2],[51,3,51,6],[0,1,0,7],[2,2,8,2],[36,2,38,2],[36,7,38,7],[11,2,20,2],[23,3,23,6],[24,2,26,2],[24,7,26,7],[27,2,29,2],[27,7,29,7],[3,7,8,7],[2,5,8,6],[42,2,44,2],[42,7,44,7],[33,7,35,7],[11,3,11,6],[39,2,41,2],[33,2,35,2],[16,3,17,5],[19,3,20,5],[39,7,41,7],[30,2,32,2],[30,7,32,7],[99,7,100,7],[45,7,47,7],[48,7,50,7],[94,5,94,6],[97,3,98,6]]}
[null,{"$f":"Background!B2& \" - \"&Background!B3& \" - \"&Background!B4& \" - \"&Background!B5","v":"A/E Company Name - CPA Auditor - DOT Reviewer - mm/dd/20yy"},null,null,null,null,null,null,"Next Section"]
["y","V. CPA’s AUDIT TESTING: General Ledger, Labor, Direct Costs, and Cost Pooling  \n(Application of GAGAS, FAR Part 31, and relevant Cost Accounting Standards (48 CFR Chapter 99))",null,"Yes","No","N/A","N/M","WP No.","Previous Section"]
["y","V.A. GENERAL LEDGER. (Answer “yes” or “no,” based on overall conclusion.) \nDid the CPA review the accounting system to determine if the system was adequate to segregate and accumulate reasonable, allocable, and allowable costs?",null,"[  ]","[  ]"]
["y","     • Evaluate the testing used by the CPA to verify the accuracy of costs in the general ledger, associated \n        subsidiary ledgers, and related documents or systems. (Assess if testing was sufficient to support the \n        CPA’s conclusions—consider additional sample testing, if necessary)."]
["y","    • Was there evidence that costs in the general ledger were properly classified?"]
["y","    • Did the general ledger contain separate accounts for segregating FAR-unallowable costs?"]
["y","    • If not, were unallowable costs otherwise identified or estimated? Review, evaluate, and document how the \n       unallowable costs were determined. Review the CPA’s documentation of tests and conclusions."]
["y","Overall comments regarding the above factors:"]
["y"]
["cy","CPA/Auditor's Comments:",null,"[  ]","[  ]"]
["cy"]
["y","V.B. GENERAL LEDGER (continued).  \nIf the engineering consultant used statistical sampling as a basis to estimate unallowable costs, was a proper statistical sampling method used as required by FAR 31.201-6(c)(2)? Specifically:"]
["y","     • The sampling method must result in an unbiased sample that is a reasonable representation of the sampling \n        universe;",null,"[  ]","[  ]","[  ]"]
["y","    • Any large dollar value or high risk transaction must be separately reviewed for unallowable costs and must \n       be excluded from the sampling process; and",null,"[  ]","[  ]","[  ]"]
["y","    • The sampling method must permit audit verification.",null,"[  ]","[  ]","[  ]"]
["y","    • The engineering consultant performed the sampling, rather than the auditor (per GAGAS 3.39, the auditor cannot be the one performing the sampling in order to maintain independence). ",null,"[  ]","[  ]","[  ]"]
["y","Comments:"]
["y"]
["y","    • Did the engineering consultant enter into an appropriate advance agreement with its cognizant State DOT to \n      allow for such sampling and estimation as discussed in FAR 31.201-6(c)(4)?",null,"[  ]","[  ]","[  ]"]
["y","Comments:"]
["y"]
["cy","CPA/Auditor's Overall Comments Re: Section V.B:"]
["cy"]
["y","V.C. LABOR ACCOUNTING SYSTEM. (See AASHTO Guide, Chapters 6 and 10.) \nDid the CPA’s workpapers contain evidence that the engineering consultant’s labor-charging/timekeeping system was determined to be complete and sufficiently detailed to allow for a proper determination of the consultant’s direct labor base and indirect labor costs, including the allowability of such costs? Specifically, see Items 1 through 9 below.\n"]
["y","1. Was there evidence that the consultant accounted for all hours worked by all employees, \n     including salaried employees and principals?\n",null,"[  ]","[  ]","[  ]","[  ]"]
["y","Comments:"]
["y"]
["y","2. Was there evidence that indirect labor was recorded on timesheets in sufficient detail to allow \n    for a determination of labor relating to FAR-governed costs, including marketing/promotional, \n    direct selling, bid and proposal, training, reorganization, and other administrative tasks? Do the timecards identify time spent on unallowable activities? \n",null,"[  ]","[  ]","[  ]"]
["y","Comments:"]
["y"]
["y","3. Was there evidence that timesheets complied with the model time-charging practices established by DCAAP 7641.90 Chapter 2-302 (as referenced in FAR 31.002)? For example, did individual employees prepare and sign their own timecards and did supervisors approve timecards?  \n",null,"[  ]","[  ]","[  ]"]
["y","Comments:"]
["y"]
["y","4. Were the labor costs per the indirect cost rate schedule reconciled to total labor costs per \n    payroll tax returns (941s), the general ledger/financial statement, and the labor distribution \n    system/summary?\n",null,"[  ]","[  ]","[  ]"]
["y","Comments:"]
["y"]
["y","5. Was there a labor distribution analysis: a review of hours and rates per the labor distribution \n    reports and comparison to employee timesheets and payroll register or other payroll records?\n",null,"[  ]","[  ]","[  ]"]
["y","Comments:"]
["y"]
["y","6. Was there a review of uncompensated overtime? (FAR 52.237-10 defines uncompensated \n    overtime as “hours worked without additional compensation in excess of an average of 40 \n    hours per week by direct charge employees who are exempt from the Fair Labor Standards \n    Act. Compensated personal absences such as holidays, vacations, and sick leave must be \n    included in the normal work week for purposes of computing uncompensated overtime hours.”)\n",null,"[  ]","[  ]","[  ]"]
["y","Comments:"]
["y"]
["y","7. If the consultant used a standard costing system, was there evidence that the consultant \n    properly accumulated and disposed of variances?\n",null,"[  ]","[  ]","[  ]","[  ]"]
["y","Comments:"]
["y"]
["y","8. Was there evidence that the consultant accounted for the premium portion of overtime on a \n    consistent basis? \n",null,"[  ]","[  ]","[  ]","[  ]"]
["y","Comments:"]
["y"]
["y","9. Was there evidence that the consultant consistently and properly accounted for project-related \n    purchased/temporary labor?\n",null,"[  ]","[  ]","[  ]","[  ]"]
["y","Comments:"]
["y"]
["y","10. Did the CPA’s workpapers contain evidence of adequate labor testing? For example:"]
["y","     – Size and Mix of Sample. Did the CPA choose and justify an appropriate labor sample based on the assessed risk of material misstatement for control and substantive testing across an appropriate mix of direct-charge and indirect-charge employees, including supervisors and/or project managers? (e.g. setting testing parameters for tolerable and expected deviation or error rates, population sizes, etc.)",null,"[  ]","[  ]","[  ]"]
["y","    – Risk Assessment. Did the CPA perform audit procedures responsive to the assessed risk of material misstatement for assertions relevant to the labor accounts? ",null,"[  ]","[  ]","[  ]"]
["y","Comments:"]
["y"]
["cy","CPA/Auditor's Overall Comments Re: Section V.C:"]
["cy"]
["y","V.D. DIRECT COSTS/VERIFICATION OF COMPANY IN-HOUSE RATES AND DIRECT BILLINGS. \nDid the CPA’s workpapers include evidence of the following? (See Items 1 through 5 below.)"]
["y","1. The consultant submitted a list of direct cost accounts and amounts for the CPA’s review.\n",null,"[  ]","[  ]"]
["y","Comments:"]
["y"]
["y","2. The CPA reviewed the consultant’s direct cost accounts for consistency and ensured that all \n    direct costs were removed from the indirect cost pool, regardless of whether the consultant was eligible to \n    bill for, or otherwise recover, such costs.\n",null,"[  ]","[  ]"]
["y","Comments:"]
["y"]
["y","3. If applicable, did the CPA review the consultant’s in-house billing rates (for use of company-owned equipment/vehicles, company-performed services, mileage, meals, printing, etc.) to ensure the \n    following?\n"]
["y","    • Total usage (direct and indirect) was included in the denominator.",null,"[  ]","[  ]","[  ]"]
["y","    • If expenses associated with the development of the rate(s) were accumulated in the indirect cost \n      pool, the indirect cost pool was reduced by the amount of direct usage, regardless of whether the \n      consultant was eligible to bill for, or otherwise recover, such costs. For example, if the consultant allocates and/or bills $75 a day for use of a vehicle directly on an actual cost project, the consultant has allocated $75 of the costs related to that vehicle (such as depreciation, maintenance, insurance, etc.) to a cost objective. Did the consultant credit the indirect cost rate for those billings to the extent that the costs represented by the internal allocation are included in the indirect cost rate as an allowable cost? Note - the CPA should also determine whether the consultant's billing practices necessitate adjustments to the indirect cost rate. ",null,"[  ]","[  ]","[  ]"]
["y","    • If the expenses were accumulated in separate clearing account(s), the indirect cost pool included \n      only indirect usage.",null,"[  ]","[  ]","[  ]"]
["y","Comments:"]
["y"]
["y","4. If applicable, did the CPA audit in-house billing rates, compare the audited in-house rates to \n    billing rates, and revise as necessary (e.g., CADD, in-house services, use of company-owned equipment/vehicles, in-house copying/reproductions, etc.)?\n",null,"[  ]","[  ]","[  ]"]
["y","Comments:"]
["y"]
["y","5. Did the CPA evaluate billings on other projects on a sample basis (i.e., Federal, State, local, or  \n    private/commercial projects)? If a State project was tested, note project/contract number and \n    project amount in spaces provided below. Did the CPA evaluate that billings were appropriate based on the consultant's underlying accounting system? Also, did the CPA perform reconciliations of the \n    following?",null,"[  ]","[  ]"]
["y","     • Hours charged on billings to timesheets,"]
["y","     • Hourly rates billed to actual rates"]
["y","     • Hourly rates billed to contract maximums."]
["y","     • Other direct cost rates billed to actual rates, and "]
["y","     • Other direct costs billed to contract maximums. "]
["y","State Project Number:"]
["y","XXX-XXX-XXXXX"]
["y","State Project Amount:"]
["y",0]
["y","Comments:"]
["y"]
["cy","CPA/Auditor's Overall Comments Re: Section V.D:"]
["cy"]
["y","V.E. COST POOLING AND ALLOCATION METHODOLOGIES. Did the CPA’s workpapers include evidence that costs were properly and consistently pooled and allocated to intermediate and final cost objectives? \n(Consider the following individual factors, but answer “yes” or “no,” based on the overall conclusion.) \n"]
["y","1. Was there evidence that the CPA addressed the propriety of the methodology used by the engineering     consultant in allocating costs contained in intermediate cost pools (e.g., corporate expenses, fringe      benefits, general and administrative, and service specific overheads) to the final indirect cost rate(s)?     Specifically, did the CPA firm evaluate the homogeneity of the cost pools as described in CAS 418 (48 CFR 9904.418), including the relationship to the allocation base(s) used? Did the CPA conclude that the methodology resulted in an equitable allocation of costs in relation to the benefits accrued by the cost objectives?"]
["y","2. If the consultant developed indirect costs rates for more than one region, reporting unit, or engineering discipline, did the CPA address the propriety of the cost pooling and cost allocation methodologies used?"]
["y","3. For Other Direct Costs that were internally-generated, did the CPA determine that related costs were properly segregated from the general cost pool and were allocated to projects on a consistent basis?"]
["y","4. For Other Direct Costs that were internally-generated, accumulated in separate cost pools, and allocated based on individual charge rates, did the CPA determine that the consultant properly adjusted for/resolved material year-end variances resulting from the over- or under-allocation of actual costs?"]
["y","5. For internally-generated costs such as company-owned vehicles, were such costs accumulated in separate cost pools when such costs were material in amount and had a material impact on the firm’s indirect cost rates (specifically when the firm has more than one overhead rate involving differentials in the amounts of service-specific vehicle usage)?"]
["y","                                                                                                 Overall, was the CPA’s review adequate?",null,"[  ]","[  ]"]
["y","Comments:"]
["y"]
["cy","CPA/Auditor's Comments:"]
["cy"]
["y","V.F. AUDIT TESTING, GENERALLY. "]
["y","     • Did the workpapers include evidence that the CPA determined that costs contained in the indirect \n       cost rate schedule were supported by the underlying books and records, as summarized by \n       financial statements, trial balances, tax returns (IRS Form 941s), and related schedules?",null,"[  ]","[  ]"]
["y","     • Were appropriate procedures performed and documented in response to the assessed risk of material misstatement at the relevant assertion level for classes of transactions and account balances? (AU-C 330.06)",null,"[  ]","[  ]"]
["y","     • Were procedures performed sufficient to reduce audit risk to low, taking into consideration the risk assessment, sampling guidelines, and other audit procedures performed? (AU-C 330)",null,"[  ]","[  ]"]
["y","     • Did the workpapers document the identification of large-dollar or sensitive (LDS) transactions \n       that were removed/stratified for complete examination, including verification (vouching) to \n       source documents? (See AASHTO Guide Chapter 10.)",null,"[  ]","[  ]"]
["y","     • Did the auditor determine whether uncorrected misstatements were material, either individually or in the aggregate? (AU-C 450.11) The auditor should consider both the size and nature of the misstatements (both in relation to particular classes of transactions, account balances, or disclosures, and the financial statement as a whole) and the effect of the uncorrected misstatements related to prior periods on the relevant classes of transactions, account balances, or disclosures and the financial statement as a whole. ",null,"[  ]","[  ]","[  ]","[  ]"]
["y","  • Did the CPA’s workpapers document the sampling parameters used, including the rationale and criteria used to select the items tested? (See items V.F.1 through V.F.6 below)",null,"[  ]","[  ]","[  ]"]
["y","Comments:"]
["y"]
["y","V.F.1 Did the auditor consider the purpose of the audit procedure, and the characteristics of the population from which the sample will be drawn when designing the audit sample? (AU-C 530.06)",null,"[  ]","[  ]","[  ]"]
["y","Comments:"]
["y"]
["y","V.F.2 Did the auditor determine the sample size sufficient to reduce sampling risk to an acceptably low level? (AU-C 530.07)",null,"[  ]","[  ]","[  ]"]
["y","Comments:"]
["y"]
["y","V.F.3 Did the auditor select items for the sample in such a way that the auditor can reasonably expect the sample to be representative of the relevant population and likely to provide the auditor with a reasonable basis for conclusions about the population? (AU-C 530.08)",null,"[  ]","[  ]","[  ]"]
["y","Comments:"]
["y"]
["y","V.F.4 If the auditor was unable to apply the designed audit procedures, or suitable alternative procedures to a selected item, was the item treated as a deviation from the prescribed control or a misstatement? (AU-C 530.11)",null,"[  ]","[  ]","[  ]"]
["y","Comments:"]
["y"]
["y","V.F.5 Did the auditor project the results of audit sampling to the population? (AU-C 530.13)",null,"[  ]","[  ]","[  ]"]
["y","Comments:"]
["y"]
["y","V.F.6 Did the auditor evaluate the results of the sample, including sampling risk, and whether the use of audit sampling has provided a reasonable basis for conclusions about the population that has been tested? (AU-C 530.14)",null,"[  ]","[  ]","[  ]"]
["y","Comments:"]
["y"]
["cy","CPA/Auditor's Comments:"]
["cy"]

{"sheet":"V.G.1 and .2-CPA Tst-Exec. Cmp.","index":9,"n_rows":47,"n_cols":9,"rows_kept":47,"cut":false,"hidden":false,"merged":[[36,3,36,7],[2,1,2,7],[15,3,16,7],[0,1,0,7],[5,2,16,2],[1,1,1,7],[6,5,6,6],[5,3,5,7],[10,5,10,6]]}
["y",{"$f":"Background!B2& \" - \"&Background!B3& \" - \"&Background!B4& \" - \"&Background!B5","v":"A/E Company Name - CPA Auditor - DOT Reviewer - mm/dd/20yy"},null,null,null,null,null,null,"Next Section"]
["y","V. CPA’s AUDIT TESTING: Indirect Cost Accounts\n(Application of GAGAS, FAR Part 31, and relevant Cost Accounting Standards (48 CFR Chapter 99))",null,null,null,null,null,null,"Previous Section"]
["y","V.G. AUDIT TESTING: SPECIFIC COST ELEMENTS (continued). The CPA’s workpapers should include evidence that the CPA evaluated the allowability (including reasonableness) of types or groups of costs that have the greatest potential impact on the overhead rate. These costs include the following: \n        (1) salary, (2) bonus/incentive compensation costs, (3) fringe benefits costs, (4) indirect labor, and (5) other indirect costs.\n\n\n"]
["y","See the following subsections for details."]
["y","V. CPA’s AUDIT TESTING: Indirect Cost Accounts\n(Application of GAGAS, FAR Part 31, and relevant Cost Accounting Standards (48 CFR Chapter 99))",null,"Yes","No","N/A","N/M","WP No."]
["y","V.G.1. EXECUTIVE COMPENSATION REVIEW.  \n"]
["y","1. Did the CPA’s workpapers include evidence that the engineering consultant reviewed executive \n    compensation for allocability and reasonableness in compliance with Chapter 7 of the AASHTO \n    Guide? Specifically, did the consultant disclose the following for each of the executives? ",null,"[  ]","[  ]"]
["y"]
["y","Comments:"]
["y"]
["cy","CPA/Auditor's Comments:",null,"[  ]","[  ]"]
["cy"]
["y","2. Did the CPA: "]
["y","  – Verify that the wages paid were for work performed in the current year and did not constitute a \n      retroactive adjustment of prior years’ salaries or wages?",null,"[  ]","[  ]"]
["y","  – Verify that specific elements of compensation costs were allocable, allowable and reasonable in \n      compliance with FAR part 31? ",null,"[  ]","[  ]"]
["y","Comments:"]
["y"]
["cy","CPA/Auditor's Overall Comments:",null,"[  ]","[  ]"]
["cy"]
["y","3. Did the CPA: "]
["y","– Verify that the Consultant properly compared executive compensation amounts to the benchmarks \n   discussed previously in Item 8? ",null,"[  ]","[  ]","[  ]"]
["y","Comments:"]
["y"]
["y","– Verify that the Consultant either:"]
["y","      (a) used nationally-published salary survey data to prepare the analysis? Check here, if applicable:\n",null,"[  ]"]
["y","    (b) applied the applicable amount from the NCM? Check here, if applicable:\n",null,"[  ]"]
["y","Comments:"]
["y"]
["y","– Review the Consultant’s bonus/incentive compensation plan to ensure that objective, performance-\n   based criteria were established, communicated to staff, and used in determining bonus amounts? Also, did the CPA review bonuses paid to executives and staff to ensure compliance with the compensation plan?",null,"[  ]","[  ]"]
["y","Comments:"]
["y"]
["y","– Review the Consultant’s bonus/incentive compensation plan to determine if any portion of the bonus \n   paid was a constructive dividend or other distribution of profits?",null,"[  ]","[  ]"]
["y","Comments:"]
["y"]
["cy","CPA/Auditor's Overall Comments:",null,"[  ]","[  ]"]
["cy"]
["y","V.G.2. SUPERIOR PERFORMANCE.  (Answer “yes” or “no,” based on overall conclusion.)\n"]
["y","If the Consultant claimed superior performance, did the CPA verify that the Consultant’s performance analysis complied with the procedures established in Chapter 7 of the AASHTO Guide? ",null,"[  ]","[  ]","[  ]"]
["y","For example:"]
["y","• Did the consultant apply three (or more) financial performance measures as detailed in Chapter 7 \n  of the AASHTO Guide?"]
["y","• Did the consultant consistently use the same criteria from a prior year (if superior performance \n  was claimed in the prior year)?"]
["y","• Did the consultant use proxy data available from valid sources using the prescribed criteria \n  in Chapter 7 of the AASHTO Guide? "]
["y","• Did the consultant limit superior performance so as not to exceed the 75th percentile or the \n  Federal Benchmark Compensation Amount (BCA)?  "]
["y","Comments:"]
["y"]
["cy","CPA/Auditor's Comments:",null,"[  ]","[  ]","[  ]"]
["cy"]

{"sheet":"V.G.3-CPA Audit Test-Ind. Costs","index":10,"n_rows":31,"n_cols":9,"rows_kept":31,"cut":false,"hidden":false,"merged":[[30,3,30,7],[0,1,0,7],[2,1,2,7],[26,3,27,7],[6,3,6,7],[9,3,10,7],[1,1,1,7],[19,3,20,7]]}
["y",{"$f":"Background!B2& \" - \"&Background!B3& \" - \"&Background!B4& \" - \"&Background!B5","v":"A/E Company Name - CPA Auditor - DOT Reviewer - mm/dd/20yy"},null,null,null,null,null,null,"Next Section"]
["y","V. CPA’s AUDIT TESTING: Indirect Cost Accounts\n(Application of GAGAS, FAR Part 31, and relevant Cost Accounting Standards (48 CFR Chapter 99))",null,null,null,null,null,null,"Previous Section"]
["y","V.G. AUDIT TESTING: SPECIFIC COST ELEMENTS (continued). The CPA’s workpapers should include evidence that the CPA evaluated the allowability (including reasonableness) of types or groups of costs that have the greatest potential impact on the overhead rate. These costs include the following: \n        (1) salary, (2) bonus/incentive compensation costs, (3) fringe benefits costs, (4) indirect labor, and (5) other indirect costs.\n\n\n"]
["y","See the following subsections for details."]
["y","V. CPA’s AUDIT TESTING: Indirect Cost Accounts\n(Application of GAGAS, FAR Part 31, and relevant Cost Accounting Standards (48 CFR Chapter 99))",null,"Yes","No","N/A","N/M","WP No."]
["y"]
["y","V.G.3. INDIRECT COST ACCOUNTS. (See AASHTO Guide, Chapters 4, 5, 8, and 10.) "]
["y","1. Did the CPA’s workpapers include the following?"]
["y","  – A risk assessment, including a list of accounts the CPA deemed immaterial and therefore did \n     not review.",null,"[  ]","[  ]"]
["y","Comments:"]
["y"]
["cy","CPA/Auditor's Comments:",null,"[  ]","[  ]"]
["cy"]
["y","  – A listing of accounts reviewed with analytical procedures (e.g., ratio analysis, and year-over-year \n     comparisons to measure recorded amounts against the auditor’s expectations/predictions).",null,"[  ]","[  ]"]
["y","Comments:"]
["y"]
["cy","CPA/Auditor's Comments:",null,"[  ]","[  ]"]
["cy"]
["y","  – A listing of accounts selected for detailed testing based on the CPA's risk assessment.",null,"[  ]","[  ]"]
["y","Comments:"]
["y"]
["cy","CPA/Auditor's Comments:",null,"[  ]","[  ]"]
["cy"]
["y","2. Did the CPA’s workpapers adequately address the allowability (including reasonableness) of indirect \n    costs in accordance with the FAR 31.2 Cost Principles (i.e. the classification assertions)? Specifically, did the CPA perform the \n    procedures to ensure that: "]
["y","  – Payroll taxes reconciled to applicable tax returns?",null,"[  ]","[  ]"]
["y","  – The auditor adequately reviewed accounts based on the CPA's assessed level of risk for those accounts and related assertions. Overall Conclusion:",null,"[  ]","[  ]"]
["y","Note: Provide details and comments in Table V.3."]
["y"]
["cy","CPA/Auditor's Comments:",null,"[  ]","[  ]"]
["cy"]
["y","3. Table V.3 Description: The accounts/line items listed in Table V.3 were excerpted from Section 10.4.B of the AASHTO Guide; however, the items tested by the CPA may vary, depending on the CPA’s risk assessment and application of professional judgment. ",null,"Link to Table V.3"]

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[{"$f":"Background!B2& \" - \"&Background!B3& \" - \"&Background!B4& \" - \"&Background!B5","v":"A/E Company Name - CPA Auditor - DOT Reviewer - mm/dd/20yy"}]
["V. CPA’s AUDIT TESTING: Indirect Cost Accounts (Table V.3)\n(Application of GAGAS, FAR Part 31, and relevant Cost Accounting Standards (48 CFR Chapter 99))"]
["Table V.3: HIGH-RISK ACCOUNTS: SUMMARY OF INDIRECT COST TESTING (*)"]
["Account Title or\nLine Item",null,"No. of Items Tested and $","Audit \nFindings?","Adequate Testing?","Key Attributes Tested by CPA and"]
[null,null,"[Note ❶]","[Note ❷] ","[Note ❸]","DOT Reviewer’s Comments"]
[1,"Printing/Reproduction",null,"[x] Yes     [x] No            [x] N/A","[x] Yes     [x] No            [x] N/A","All direct costs were consistently allocated to cost objectives/projects and properly removed from the indirect cost pool."]
[null,null,null,null,null,"Comments: "]
[]
[{"$f":"A6+1","v":2},"Dues and Subscriptions",null,"[x] Yes     [x] No            [x] N/A","[x] Yes     [x] No            [x] N/A","Costs removed for country club dues, Political Action Committee (PAC) contributions and other lobbying costs, scholarship donations, and non-business purchases."]
[null,null,null,null,null,"Comments: "]
[]
[{"$f":"A9+1","v":3},"Travel",null,"[x] Yes     [x] No            [x] N/A","[x] Yes     [x] No            [x] N/A","– All entertainment costs, alcoholic beverages, and personal charges were removed from the indirect cost pools (FAR 31.205-14 & -51)."]
[null,null,null,null,null,"– Costs for personal usage of company cars were removed from the indirect cost pool (FAR 31.205-6(m)(2)). (This is required regardless of whether the costs were reported as taxable income to the employees.)"]
[null,null,null,null,null,"– Travel costs complied with the limits set by 41 CFR Chapters 300 – 304, the Federal Travel Regulation (as incorporated in FAR 31.205-46)."]
[null,null,null,null,null,"– The consultant treated direct travel costs consistently, regardless of contract type or customer, and these costs were not duplicated in any indirect cost pool (FAR 31.202(a) & 31.203(b))."]
[null,null,null,null,null,"Comments: "]
[]
[4,"Seminars and Conventions",null,"[x] Yes     [x] No            [x] N/A","[x] Yes     [x] No            [x] N/A","Costs removed for sponsorships, golf fees, door prize donations, entertainment, and booth rental costs."]
[null,null,null,null,null,"Comments: "]
[]
[5,"Insurance",null,"[x] Yes     [x] No            [x] N/A","[x] Yes     [x] No            [x] N/A","– Premiums were allocable to period covered by the indirect cost rate schedule being audited."]
[null,null,null,null,null,"– Group insurance was reviewed in accordance with FAR 31.205-19."]
[null,null,null,null,null,"– Self-insurance was reviewed for compliance with FAR 31.205-19."]
[null,null,null,null,null,"– Life insurance for key personnel (e.g., owners/principals and related parties) reviewed for compliance with FAR 31.205-19 (allowable only to the extent the premiums represent additional compensation; costs unallowable if the company is the beneficiary)."]
[null,null,null,null,null,"– Review to ensure professional liability insurance expense does not include settlement costs, costs to correct defects in design, etc."]
[null,null,null,null,null,"Comments: "]
[]
[6,"Professional and Consultant Service Costs",null,"[x] Yes     [x] No            [x] N/A","[x] Yes     [x] No            [x] N/A","– Organization and reorganization costs (FAR 31.205-27), bad debt collections (FAR 31.205-3), and costs associated with other unallowable, related activities were properly disallowed."]
[null,null,null,null,null,"– Costs for services provided were accompanied by adequate billing detail."]
[null,null,null,null,null,"– Retainer fees (FAR 31.205-33) reviewed to ensure services provided were necessary and customary, sufficient detail was provided by service provider, and unallowable activities were identified and disallowed."]
[null,null,null,null,null,"Comments: "]
[]
[7,"Rent",null,"[x] Yes     [x] No            [x] N/A","[x] Yes     [x] No            [x] N/A","– Facilities/real estate and personal property costs were reviewed for common control, and the Consultant properly limited expenses for controlled assets to the allowable cost of ownership as discussed in FAR 31.205-36."]
[null,null,null,null,null,"– Leases reviewed to ensure that only costs for business-use assets were claimed on the indirect cost rate schedule."]
[null,null,null,null,null,"– Costs associated with sublet, idle, or otherwise unallocable space were identified and disallowed (FAR 31.205-17)."]
[null,null,null,null,null,"Comments: "]
[]
[8,"Depreciation",null,"[x] Yes     [x] No            [x] N/A","[x] Yes     [x] No            [x] N/A","– The amount on the indirect cost rate schedule was properly limited to the amount used for financial reporting purposes (no I.R.C. Section 179 write-offs or special tax depreciation are permitted). "]
[null,null,null,null,null,"– The depreciation amount was net of personal-use (nonbusiness) assets and assets that were not allocable to the consultant’s A/E business.  "]
[null,null,null,null,null,"– Costs for luxury vehicles were reviewed for reasonableness (FAR 31.205-3)."]
[null,null,null,null,null,"– Depreciation was computed consistently from year to year across all departments and business segments (FAR 31.205-11)."]
[null,null,null,null,null,"Comments: "]
[]
[9,"Employee Morale and Related Costs",null,"[x] Yes     [x] No            [x] N/A","[x] Yes     [x] No            [x] N/A","Reviewed for unallowable entertainment costs per FAR 31.205-14 (e.g., parties, picnics, outings, and sporting events); unallowable gifts; and other allowable costs per FAR 31.205-13. See also DCAA CAM Sections 7-2103(e)(3) & (4)."]
[null,null,null,null,null,"Comments: "]
[]
[10,"Miscellaneous Expense",null,"[x] Yes     [x] No            [x] N/A","[x] Yes     [x] No            [x] N/A","Reviewed for allocability, reasonableness, business purpose, direct costs, etc."]
[null,null,null,null,null,"Comments: "]
[]
[11,"Subcontractors/Outside Consultants",null,"[x] Yes     [x] No            [x] N/A","[x] Yes     [x] No            [x] N/A","Reviewed for proper segregation between direct and indirect, business purpose and allowability of activities performed, and reasonableness."]
[null,null,null,null,null,"Comments: "]
[]
[12,"Other/Miscellaneous Income",null,"[x] Yes     [x] No            [x] N/A","[x] Yes     [x] No            [x] N/A","Reviewed for any amounts that should be credited to an indirect cost account."]
[null,null,null,null,null,"Comments: "]
[]
[13,"Gains on Sale of Assets",null,"[x] Yes     [x] No            [x] N/A","[x] Yes     [x] No            [x] N/A","Reviewed for proper credit on gains on sale of assets originally presented as part of the depreciation expense cost."]
[null,null,null,null,null,"Comments: "]
[]
[14,"Losses on Sale of Assets",null,"[x] Yes     [x] No            [x] N/A","[x] Yes     [x] No            [x] N/A","Reviewed to ensure reporting within the year the transaction occurred, appropriate calculation, appropriate application of credit or charge to the cost grouping(s) in which the depreciation or amortization was originally posted, and appropriate posting of cash awards."]
[null,null,null,null,null,"Comments: "]
[]
[15,"Other Accounts Reviewed",null,"[x] Yes     [x] No            [x] N/A","[x] Yes     [x] No            [x] N/A","List any other accounts or lines items tested in detail. Describe the procedures performed and conclusions."]
[null,null,null,null,null,"Comments: "]
[]
[16,"Other Accounts Reviewed",null,"[x] Yes     [x] No            [x] N/A","[x] Yes     [x] No            [x] N/A","List any other accounts or lines items tested in detail. Describe the procedures performed and conclusions."]
[null,null,null,null,null,"Comments: "]
[]
[17,"Other Accounts Reviewed",null,"[x] Yes     [x] No            [x] N/A","[x] Yes     [x] No            [x] N/A","List any other accounts or lines items tested in detail. Describe the procedures performed and conclusions."]
[null,null,null,null,null,"Comments: "]

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[{"$f":"Background!B2& \" - \"&Background!B3& \" - \"&Background!B4& \" - \"&Background!B5","v":"A/E Company Name - CPA Auditor - DOT Reviewer - mm/dd/20yy"},null,null,null,null,null,"Next Section"]
["V. CPA’s AUDIT TESTING: Indirect Cost Accounts (Table V.3)\n(Application of GAGAS, FAR Part 31, and relevant Cost Accounting Standards (48 CFR Chapter 99))",null,null,null,null,null,"Previous Section"]
["Table V.3: HIGH-RISK ACCOUNTS: SUMMARY OF INDIRECT COST TESTING (*)"]
["Account Title or\nLine Item",null,"No. of Items Tested and $","Audit \nFindings?","Adequate Testing?","Key Attributes Tested by CPA and"]
[null,null,"[Note ❶]","[Note ❷] ","[Note ❸]","DOT Reviewer’s Comments"]
[1,"Printing and Reproduction",null,"[  ] Yes     [  ] No            [  ] N/A","[  ] Yes     [  ] No            [  ] N/A","All direct costs were consistently allocated to cost objectives/projects and properly removed from the indirect cost pool."]
[null,null,null,null,null,"Comments and WP Number: "]
[]
[{"$f":"A6+1","v":2},"Dues and Subscriptions",null,"[  ] Yes     [  ] No            [  ] N/A","[  ] Yes     [  ] No            [  ] N/A","Costs removed for country club dues, Political Action Committee (PAC) contributions and other lobbying costs, scholarship donations, and non-business purchases."]
[null,null,null,null,null,"Comments and WP Number: "]
[]
[{"$f":"A9+1","v":3},"Travel",null,"[  ] Yes     [  ] No            [  ] N/A","[  ] Yes     [  ] No            [  ] N/A","– All entertainment costs, alcoholic beverages, and personal charges were removed from the indirect cost pools \n(FAR 31.205-14 & -51)."]
[null,null,null,null,null,"– Costs for personal usage of company cars were removed from the indirect cost pool (FAR 31.205-6(m)(2)). (This is required regardless of whether the costs were reported as taxable income to the employees.)"]
[null,null,null,null,null,"– Travel costs complied with the limits set by 41 CFR Chapters 300 - 304, the Federal Travel Regulation (as incorporated in FAR 31.205-46)."]
[null,null,null,null,null,"– The consultant treated direct travel costs consistently, regardless of contract type or customer, and these costs were not duplicated in any indirect cost pool (FAR 31.202(a) & 31.203(b))."]
[null,null,null,null,null,"Comments and WP Number: "]
[]
[4,"Seminars and \nConventions",null,"[  ] Yes     [  ] No            [  ] N/A","[  ] Yes     [  ] No            [  ] N/A","Costs removed for sponsorships, golf fees, door prize donations, entertainment, and booth rental costs."]
[null,null,null,null,null,"Comments and WP Number: "]
[]
[5,"Insurance",null,"[  ] Yes     [  ] No            [  ] N/A","[  ] Yes     [  ] No            [  ] N/A","– Premiums were allocable to period covered by the indirect cost rate schedule being audited."]
[null,null,null,null,null,"– Group insurance was reviewed in accordance with \nFAR 31.205-19."]
[null,null,null,null,null,"– Self-insurance was reviewed for compliance with \nFAR 31.205-19."]
[null,null,null,null,null,"– Life insurance for key personnel (e.g., owners/principals and related parties) reviewed for compliance with FAR 31.205-19 (allowable only to the extent the premiums represent additional compensation; costs unallowable if the company is the beneficiary)."]
[null,null,null,null,null,"– Review to ensure professional liability insurance expense does not include settlement costs, costs to correct defects in design, etc."]
[null,null,null,null,null,"Comments and WP Number: "]
[]
[6,"Professional and Consultant Service Costs",null,"[  ] Yes     [  ] No            [  ] N/A","[  ] Yes     [  ] No            [  ] N/A","– Organization and reorganization costs (FAR 31.205-27), bad debt collections (FAR 31.205-3), and costs associated with other unallowable, related activities were properly disallowed."]
[null,null,null,null,null,"– Costs for services provided were accompanied by adequate billing detail."]
[null,null,null,null,null,"– Retainer fees (FAR 31.205-33) reviewed to ensure services provided were necessary and customary, sufficient detail was provided by service provider, and unallowable activities were identified and disallowed."]
[null,null,null,null,null,"Comments and WP Number: "]
[]
[7,"Rent",null,"[  ] Yes     [  ] No            [  ] N/A","[  ] Yes     [  ] No            [  ] N/A","– Facilities/real estate and personal property costs were reviewed for common control, and the Consultant properly limited expenses for controlled assets to the allowable cost of ownership as discussed in FAR 31.205-36."]
[null,null,null,null,null,"– Leases reviewed to ensure that only costs for business-use assets were claimed on the indirect cost rate schedule."]
[null,null,null,null,null,"– Costs associated with sublet, idle, or otherwise unallocable space were identified and disallowed (FAR 31.205-17)."]
[null,null,null,null,null,"Comments and WP Number: "]
[]
[8,"Depreciation",null,"[  ] Yes     [  ] No            [  ] N/A","[  ] Yes     [  ] No            [  ] N/A","– The amount on the indirect cost rate schedule was properly limited to the amount used for financial reporting purposes (no I.R.C. Section 179 write-offs or special tax depreciation are permitted). "]
[null,null,null,null,null,"– The depreciation amount was net of personal-use (nonbusiness) assets and assets that were not allocable to the consultant’s A/E business.  "]
[null,null,null,null,null,"– Costs for luxury vehicles were reviewed for reasonableness (FAR 31.205-3)."]
[null,null,null,null,null,"– Depreciation was computed consistently from year to year across all departments and business segments (FAR 31.205-11)."]
[null,null,null,null,null,"Comments and WP Number: "]
[]
[9,"Employee Morale and Related Costs",null,"[  ] Yes     [  ] No            [  ] N/A","[  ] Yes     [  ] No            [  ] N/A","Reviewed for unallowable entertainment costs per FAR 31.205-14 (e.g., parties, picnics, outings, and sporting events); unallowable gifts; and other allowable costs per FAR 31.205-13. See also DCAA CAM Sections 7-2103(e)(3) & (4)."]
[null,null,null,null,null,"Comments and WP Number: "]
[]
[10,"Miscellaneous Expense",null,"[  ] Yes     [  ] No            [  ] N/A","[  ] Yes     [  ] No            [  ] N/A","Reviewed for allocability, reasonableness, business purpose, direct costs, etc."]
[null,null,null,null,null,"Comments and WP Number: "]
[]
[11,"Subcontractors/Outside Consultants",null,"[  ] Yes     [  ] No            [  ] N/A","[  ] Yes     [  ] No            [  ] N/A","Reviewed for proper segregation between direct and indirect, business purpose and allowability of activities performed, and reasonableness."]
[null,null,null,null,null,"Comments and WP Number: "]
[]
[12,"Other/Miscellaneous Income",null,"[  ] Yes     [  ] No            [  ] N/A","[  ] Yes     [  ] No            [  ] N/A","Reviewed for any amounts that should be credited to an indirect cost account."]
[null,null,null,null,null,"Comments and WP Number: "]
[]
[13,"Gains on Sale of Assets",null,"[  ] Yes     [  ] No            [  ] N/A","[  ] Yes     [  ] No            [  ] N/A","Reviewed for proper credit on gains on sale of assets originally presented as part of the depreciation expense cost."]
[null,null,null,null,null,"Comments and WP Number: "]
[]
[14,"Losses on Sale of Assets",null,"[  ] Yes     [  ] No            [  ] N/A","[  ] Yes     [  ] No            [  ] N/A","Reviewed to ensure reporting within the year the transaction occurred, appropriate calculation, appropriate application of credit or charge to the cost grouping(s) in which the depreciation or amortization was originally posted, and appropriate posting of cash awards."]
[null,null,null,null,null,"Comments and WP Number: "]
[]
[15,"Other Accounts Reviewed",null,"[  ] Yes     [  ] No            [  ] N/A","[  ] Yes     [  ] No            [  ] N/A","List any other accounts or lines items tested in detail. Describe the procedures performed and conclusions."]
[null,null,null,null,null,"Comments and WP Number: "]
[]
[16,"Other Accounts Reviewed",null,"[  ] Yes     [  ] No            [  ] N/A","[  ] Yes     [  ] No            [  ] N/A","List any other accounts or lines items tested in detail. Describe the procedures performed and conclusions."]
[null,null,null,null,null,"Comments and WP Number: "]
[]
[17,"Other Accounts Reviewed",null,"[  ] Yes     [  ] No            [  ] N/A","[  ] Yes     [  ] No            [  ] N/A","List any other accounts or lines items tested in detail. Describe the procedures performed and conclusions."]
[null,null,null,null,null,"Comments and WP Number: "]
[]
[]
[]
[]
[]
[]
[]
[]
[null,"Summary of Testing and Results:"]
[]
[]
[]
[]
[]
[]
[]
[]
[]
[null,"VALIDATION AREA (Do not delete; do not print)"]
[null,"[x] Yes     [  ] No            [  ] N/A"]
[null,"[  ] Yes     [x] No            [  ] N/A"]
[null,"[  ] Yes     [  ] No            [x] N/A"]
[null,"[  ] Yes     [  ] No            [  ] N/A"]

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["y",{"$f":"Background!B2& \" - \"&Background!B3& \" - \"&Background!B4& \" - \"&Background!B5","v":"A/E Company Name - CPA Auditor - DOT Reviewer - mm/dd/20yy"},null,null,null,null,null,"Next Section"]
["y","V. CPA’s AUDIT TESTING: Allocation Base, Field-Rate Accounting, Elements of CPA Program, and CAS  \n(Application of GAGAS, FAR Part 31, and relevant Cost Accounting Standards (48 CFR Chapter 99))",null,"Yes","No","N/A","WP No.","Previous Section"]
["y","V.H. ALLOCATION BASE USED FOR INDIRECT-COST RATE COMPUTATION.\nDid the cost base used to compute the overhead rate consist only of direct labor (e.g., the base excluded fringe benefits, and/or general and administrative costs)?",null,"[  ]","[  ]"]
["y","Comments:"]
["y"]
["cy","CPA/Auditor's Comments:",null,"[  ]","[  ]"]
["cy"]
["y","V.I. FIELD RATE ACCOUNTING. Did the indirect cost rate schedule include the calculation of a field rate? (See Chapter 5 of the AASHTO Guide.)\n   If \"yes,\" ensure that the Consultant considered the following factors in computing the field rate:",null,"[  ]","[  ]"]
["y","     • Were costs that were allocable to one cost pool properly included in that cost pool?",null,"[  ]","[  ]","[  ]"]
["y","Comments:"]
["y"]
["cy","CPA/Auditor's Comments:",null,"[  ]","[  ]"]
["cy"]
["y","    • Were the following field allocation percentages properly computed?"]
["y","            – Direct field labor to total direct labor",null,"[  ]","[  ]","[  ]"]
["y","            – Allocation of support service-space costs",null,"[  ]","[  ]","[  ]"]
["y","Comments:"]
["y"]
["cy","CPA/Auditor's Comments:",null,"[  ]","[  ]"]
["cy"]
["y","V.J. ELEMENTS OF THE CPA WORKPAPERS/AUDIT PROGRAM. "]
["y","     • Was the CPA’s audit program sufficiently detailed to support the audit conclusion?",null,"[  ]","[  ]"]
["y","Comments:"]
["y"]
["y","     • Did the audit program contain references to the applicable Federal and state laws, regulations, guidance and \n       standards (e.g., FAR Part 31, Government Auditing Standards, generally accepted auditing standards, and Cost Accounting Standards)?",null,"[  ]","[  ]"]
["y","Comments:"]
["y"]
["y","     • Were the summary or lead workpapers adequately indexed and cross-referenced to supporting workpapers \n         (i.e., were the workpapers easy to follow)?",null,"[  ]","[  ]"]
["y","Comments:"]
["y"]
["y","     • Did the CPA include narratives/notes in the workpapers that, when reviewed together with the audit \n       program, adequately described the work performed?",null,"[  ]","[  ]"]
["y","Comments:"]
["y"]
["y","(Answer “yes” or “no,” based on overall conclusion.) "]
["y","    • Did the workpapers include evidence that the CPA evaluated internal controls? Specifically—",null,"[  ]","[  ]"]
["y","            – Did the auditor obtain an understanding of internal control relevant to the audit? (AU-C 315)\n                       1. Controls over the accounting system (e.g. Payroll, Other Direct Costs, and posting)? \n                       2. Controls over the computer systems (e.g. Information Technology system policies around:     hardware/software, security protocol, activation/deactivation of employees, completion of risk assessment, electronic data retention)?\n"]
["y","            – Did the CPA evaluate the design and implementation of internal controls relevant to the audit (regardless of whether the auditor plans to rely on and test the operating effectiveness of those controls)? (AU-C 315)"]
["y","            – Did the CPA evaluate the following:"]
["y","                    1. Control Environment (management attitude),"]
["y","                    2. Control Methods (policies and procedures),"]
["y","                    3. Communications, and"]
["y","                    4. Monitoring?"]
["y","Comments:"]
["y"]
["cy","CPA/Auditor's Comments:"]
["cy"]
["y","     • In conformance with GAGAS and AU-C 240, did the CPA adequately consider factors related to fraud?",null,"[  ]","[  ]"]
["y","Comments:"]
["y"]
["cy","CPA/Auditor's Comments:"]
["cy"]
["y","V.K. COMPLIANCE WITH COST ACCOUNTING STANDARDS (CAS). \nAside from the measurement, assignment, and allocability rules of selected Cost Accounting Standards (CAS) incorporated through reference in FAR Part 31—\n"]
["y","• Did the workpapers address the extent of CAS coverage with which the consultant must comply; that is:",null,"[  ]","[  ]"]
["y","      – Full CAS coverage, or "]
["y","      – Modified CAS coverage?"]
["y","Comments:"]
["y"]
["cy","CPA/Auditor's Comments:",null,"[  ]","[  ]"]
["cy"]
["y","• If modified CAS-coverage applied, did the CPA’s workpapers address compliance with the following four \n   standards from CAS 9904.400, as follows:",null,"[  ]","[  ]","[  ]"]
["y","      – 9904.401: Consistency in estimating, accumulating and reporting of costs;"]
["y","      – 9904.402: Consistency in allocating costs incurred for the same purposes;"]
["y","      – 9904.405: Accounting for unallowable costs; and"]
["y","      – 9904.406: Cost accounting period?"]
["y","Comments:"]
["y"]
["cy","CPA/Auditor's Comments:",null,"[  ]","[  ]","[  ]"]
["cy"]
["y","• If full CAS coverage applied, did the CPA’s workpapers address compliance with all applicable 9904 \n  standards (Subparts 9904.401 through 9904.420)?",null,"[  ]","[  ]","[  ]"]
["y","Comments:"]
["y"]
["cy","CPA/Auditor's Comments:",null,"[  ]","[  ]","[  ]"]
["cy"]

{"sheet":"VI. Final Determination","index":14,"n_rows":45,"n_cols":4,"rows_kept":45,"cut":false,"hidden":false,"merged":[[15,0,15,2],[16,0,16,2],[86,3,88,4],[0,0,0,2],[2,1,4,1],[5,1,11,1]]}
[{"$f":"Background!B2& \" - \"&Background!B3& \" - \"&Background!B4& \" - \"&Background!B5","v":"A/E Company Name - CPA Auditor - DOT Reviewer - mm/dd/20yy"},null,null,"Next Section"]
["VI. Reviewer’s Final Determination",null,null,"Previous Section"]
["VI.A. EXIT CONFERENCE. \nDiscuss the results of the audit/review with the Consultant and the CPA. Obtain their concurrence and/or identify areas of disagreement. Ensure that the Consultant understands the results are preliminary and are subject to review. Document the exit conference thoroughly.\n\n\n\n\n\n\n\n",null,"State DOT \nWorkpaper \nReference:"]
["Comments:",null,"xxxxxxxx"]
[]
["VI.B. REVIEWER’S CONCLUSION STATEMENT. \n"]
["(1) Based upon the application and performance of the steps within this work program, in terms of compliance \nwith auditing standards, FAR Part 31 and the AASHTO Audit Guide, the CPA's work was:",null,"[  ] Acceptable    \n[  ] Unacceptable"]
["Comments:"]
[]
["(2) Should follow-up audit work be recommended?",null,"[  ] Yes (*)   \n[  ] No"]
["(*) If “yes,” then describe any issues that warrant additional audit work:"]
[]
["VI.C. REVIEW MEMORANDUM. \nIssue review memorandum to Consultant incorporating above conclusion statement, observations, and recommendations.",null,"State DOT \nWorkpaper \nReference:"]
["Comments:",null,"xxxxxxxx"]
[]
["VI.D. CONTACT INFORMATION. This CPA workpaper review program was completed and approved by—"]
[]
[]
[]
[]
[]
[]
[]
[]
[]
[]
[]
[]
[]
[]
[]
[]
[]
[]
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["VALIDATION AREA (Do not delete; do not print)"]
[]
["[x] Acceptable     \n[  ] Unacceptable"]
["[  ] Acceptable    \n[x] Unacceptable"]
["[  ] Acceptable    \n[  ] Unacceptable"]
["[x] Yes (*)   \n[  ] No"]
["[  ] Yes (*) \n[x] No"]
["[  ] Yes (*)   \n[  ] No"]

{"sheet":"VII. Additional Notes","index":15,"n_rows":2,"n_cols":2,"rows_kept":2,"cut":false,"hidden":false,"merged":[]}
[{"$f":"Background!B2& \" - \"&Background!B3& \" - \"&Background!B4& \" - \"&Background!B5","v":"A/E Company Name - CPA Auditor - DOT Reviewer - mm/dd/20yy"}]
["VII. Additional Notes.","Previous Section"]

{"sheet":"FAR Keyword Index","index":16,"n_rows":185,"n_cols":5,"rows_kept":185,"cut":false,"hidden":false,"merged":[]}
[null,"KEYWORD INDEX: 48 CFR Chapter 1, Part 31 (Federal Acquisition Regulation Part 31)"]
["Highlighted in FAR","Citation","Key Words","FAR PAGE","Generally Allowable?"]
["R","31.205-6(d)(1)","Accrual of Compensation Expenses (allowable).","31.2-5","YES†"]
["R","31.201-2(d)","Adequate Recordkeeping (requirement for, and authority to disallow unsupported costs).","31.2-1","--"]
["R",31.109000000000002,"Advance Agreements: defined and requirements of (in writing, executed by both parties, stated duration).","31.1-6","--"]
["R","31.205-1(b)","Advertising defined (generally, allowability is limited to recruitment costs)","31.2-3","YES - help wanted"]
["R","31.205-1(d)","Advertising (allowable types of).","31.2-4","YES"]
["R","31.205-1(f)","Advertising (unallowable types of).","31.2-4","NO"]
["R","31.205-38(b)(1)","Advertising as a part of selling costs.","31.2-22","NO"]
["R","31.205-51","Alcoholic Beverages. ","31.2-29","NO"]
["R","31.205-46(b)","Airfare, generally.","31.2-26","YES"]
["R","31.205-46(c)","Aircraft owned by consultants.","31.2-26","YES†"]
["R","31.201-4","Allocability (Allowability, Reasonableness, and Allocability).  ","31.2-1","--"]
["R","31.201-2 & 31.204","Allowability (Reasonable, Allocable, CAS Compliant, meets Terms of K, & not otherwise unallowable).","31.2-1","--"]
["R","31.205-52","Asset Valuations Resulting from Business Combinations. ","31.2-29","--"]
["R","31.201-6(a)","Associated Costs, defined (costs associated with unallowables). See also CAS 405.","31.2-2","NO"]
["R","31.205-46(a)(1)","Automobile--Mileage Costs.","31.2-25–26","YES"]
["R","31.205-6(m)(2)","Automobile--Personal Use of (see also 31.205-46(d)).  Includes commuting and other personal costs.","31.2-9","NO"]
["R","31.205-6(f)(1)","Awards to Employees (Performance-Based Awards--bonus and incentive compensation).","31.2-6","YES"]
["R","31.205-18(c)","B&P: Bid and Proposal Costs (allowability of).","31.2-14.1","YES"]
["R","31.205-18","B&P: Bid and Proposal Costs (generally).","31.2-14","YES"]
["R","31.205-6(h)","Back pay (backpay). Generally unallowable.","31.2-6","NO"]
["R","31.205-3","Bad Debts (and directly-associated costs). ","31.2-4","NO"]
["R","31.205-6(p)","BCA (Benchmark Compensation Amount).","31.2-9","YES"]
["R","31.205-6(p)","Benchmark Compensation Amount for Executives (adoption of).","31.2-9","--"]
["R","31.205-4","Bonding Costs (e.g., bid, performance, payment, infringement, and fidelity). ","31.2-4","YES"]
["R","31.205-6(f)","Bonuses and Incentive Pay.","31.2-6","YES"]
["R","31.205-6(f)(1)(ii)","Bonus: Basis and Support For.","31.2-6","YES"]
["R","31.205-1(f)(5)","Brochures and Promotional Materials.","31.2-4","NO"]
["R","31.201-3(a) ","Burden of Proof on Consultant (Determining Reasonableness).","31.2-1","--"]
["R","31.205-52","Business Combinations (Asset Valuations Resulting from).","31.2-29","LIMITED DEPR."]
["R","31.205-16(a)","Business Combinations (Gains and Losses Related to).","31.2-13","NO"]
["R","31.205-11(h)","Capital Leases (full payment not allowable--limited to depreciation of property capitalized under the lease).","31.2-11","LIMITED DEPR."]
["R","31.205-11(h)(2)","Capital Leases: Related Parties.","31.2-11","LIMITED DEPR."]
["R","31.205-43(a)","Chambers of Commerce, Dues (but disallow portion of dues attributable to lobbying).","31.2-24","YES†"]
["R",31.103000000000002,"Commercial Organizations (contracts with). ","31.1-4","--"]
["R","31.205-36(b)(3)","Common Control of Leased Properties (e.g., between sub. and parent: limited to normal costs of ownership).","31.2-21","YES†"]
["R","31.205-6(p)","Compensation Amount.","31.2-9","YES"]
["R","31.205-44(f)","College Savings Plans for Dependents of Company Employees.","31.2-5–10","NO"]
["R","31.205-6","Compensation for Personal Services. ","31.2-5–10","YES"]
["R",31.105,"Construction and Architect-Engineer Contracts. ","31.1-4","--"]
["R","31.201-7","Construction and Architect-Engineer Contracts. ","31.2-2","--"]
["R","31.205-33","Consultant Service Cost and Professional Fees (outside accountants, lawyers, actuaries, and marketing consultants).  AKA Professional and Consultant Service fees (PCS costs). See Retainer fees at 31.205-33(e).","31.2-19","YES†"]
["R","31.205-7","Contingencies.","31.2-10","NO"]
["R","31.205-42","Contract-Termination Costs.","31.2-23","VARIES"]
["R","31.205-8","Contributions or Donations. ","31.2-10","NO"]
["R","31.205-1(e)(3)","Contributions or Donations: Community Service Activities. ","31.2-4","YES"]
["R","31.205-10","Cost of Money. ","31.2-11","YES"]
["R","31.205-14","Country Club Memberships.","31.2-12","NO"]
["R","31.201-5","Credits. ","31.2-1","OFFSET"]
["R","31.205-47","Defense of Fraud (False Claims Act, Anti-Kickback Act, etc.).","31.2-27","NO†"]
["R","31.205-18(d)","Deferred IR&D Costs: Allowability.","31.2-14.1","NO†"]
["R",31.001000000000001,"Definitions. ","31.1-1–3","--"]
["R","31.205-44(f)","Dependents: Employee-dependent education plans","31.2-25","NO"]
["R","31.205-11","Depreciation. ","31.2-11","YES"]
["R","31.205-11(c)","Depreciation: May not exceed amount used for financial accounting.","31.2-11","NO"]
["R","31.205-11(a)","Depreciation: Salvage Value (only applicable if >10%; not applicable to DB or MACRS)","31.2-11","--"]
["R",31.202000000000002,"Direct Costs. ","31.2-2","YES"]
["R","31.205-38(b)(5)","Direct Selling Costs.","31.2-22","YES"]
["R","31.201-6(a) & CAS 405-40","Directly-Associated Costs, defined (costs associated with unallowables).","31.2-2","NO"]
["R","31.205-28(f)","Directors' Meetings","31.2-18","YES"]
["R","31.205-6(a)(6)(ii)(B)","Distribution of Profits to Owners (unallowable).","31.2-5","NO"]
["R","31.205-8","Donations","31.2-10","NO"]
["R","31.205-13","Dormitory Costs and Credits. ","31.2-12","YES"]
["R","31.202(a) & 31.203(b)","Double-Counted Costs (unallowable).","31.2-2","NO"]
["R","31.205-43","Dues and Subscriptions.","31.2-24","YES"]
["R","31.205-12","Economic Planning Costs. ","31.2-12","YES"]
["R","31.205-44","Education Costs (vocational training, part-time college, full-time college)","31.2-25","YES"]
["R","31.205-6(f)","Employee Performance Awards (bonuses and incentive).","31.2-6","YES"]
["R","31.205-6(n)","Employee Rebate and Purchase-Discount Plans.","31.2-9","NO"]
["R","31.205-6(q)","Employee Stock Ownership Plans (ESOPs). ","31.2-10","YES"]
["R","31.205-14","Entertainment Costs (overrides all other cost principles). ","31.2-12","NO"]
["R","31.205-6(q)","ESOPs.  ","31.2-10","YES"]
["R","31.205-6(q)(2)(i)(B)","ESOP: Current Funding Requirement.","31.2-10","YES"]
["R","31.205-41(b)(1)","Excess Profits Taxes.","31.2-22","NO"]
["R","31.205-6(p)(1)","Executive Benchmark Compensation Amount (reference to).  Note that these costs are further limited by reasonableness--see National Compensation Matrix (Audit Guide Section 6.4) for details.","31.2-9","YES†"]
["R","31.205-41(b)(1)","Federal Income Taxes.","31.2-23","NO"]
["R","31.205-15(a)","Fines, Penalties, and Mischarging Costs Related to Violation of Laws. ","31.2-12","NO"]
["R","31.205-15(b)","Fines, Penalties, and Mischarging Costs Related to Improper Charging or Recording of Costs.","31.2-12","NO"]
["R",31.102,"Fixed-Price Contracts. ","31.1-4","--"]
["R","31.205-13(d)","Food Service, and Dormitory Costs and Credits. ","31.2-12","YES"]
["R","31.205-47(b), (f)(4) & (g)","Fraud, Defense of (including requirement to segregate and account for these costs separately--see 31.205-47(g)).","31.2-27","SEGREGATE"]
["R","31.205-6(m)","Fringe Benefits.","31.2-8","YES"]
["R","31.205-16","Gains and Losses on Disposition or Impairment of Depreciable Property or Other Capital Assets. ","31.2-13","YES†"]
["R","31.201-1","Generally Accepted Methods for Measuring Costs (requirement to use).","31.2-1","--"]
["R","31.205-1(d)(2)","Gifts (to clients and the public as part of trade shows).","31.2-4","NO"]
["R","31.205-13(b)","Gifts (to employees).","31.2-12","NO"]
["R","31.205-6(l)(2)","Golden Handcuff Payments.","31.2-8","NO"]
["R","31.205-6(l)(1)","Golden Parachute Payments.","31.2-8","NO"]
["R","31.205-49","Goodwill.","31.2-29","NO"]
["R","31.205-44(d)","Grants, Scholarships, and Fellowships to Educational or Training Institutions.","31.2-12","NO"]
["R","31.205-13","Health, Welfare, Food Service, and Dormitory Costs and Credits. ","31.2-12","YES"]
["R","31.205-34(a)(1) & (b)","Help-Wanted Advertising Costs--Recruitment.","31.2-19 & 20","YES"]
["R","31.205-35(a)(2)","House-Hunting Trip Costs (for employees with a permanent change of work location).","31.2-20","YES"]
["R","31.205-17(b)","Idle Facilities Costs. ","31.2-13","NO†"]
["R","31.205-17(c)","Idle Capacity Costs. ","31.2-13","YES"]
["R","31.205-6(e)(1)","Income Tax Differential Pay (foreign assignments).","31.2-5","YES"]
["R","31.205-6(e)(2)","Income Tax Differential Pay (domestic assignments).","31.2-6","NO"]
["R","31.205-41(b)(1)","Income Taxes, Federal.","31.2-23","NO"]
["R","31.205-41(a)(1)","Income Taxes, State and Local.","31.2-22","YES"]
["R","31.205-18","Independent Research and Development and Bid and Proposal Costs. ","31.2-14","YES"]
["R",31.11,"Indirect Cost Rate Certification and Penalties on Unallowable Costs. ","31.1-7","--"]
["R",31.202999999999999,"Indirect Costs. ","31.2-2","--"]
["R","31.205-19","Insurance and Indemnification. ","31.2-15","YES"]
["R","31.205-20","Interest and Other Financial Costs. ","31.2-16","NO"]
["R","31.205-18","IR&D and B&P: Independent Research and Development and Bid and Proposal Costs. ","31.2-14","YES"]
["R","31.205-21","Labor Relations Costs. ","31.2-16","YES"]
["R","31.205-19(e)(2)(v)","Key-Man Life Insurance (allowable to extent that costs is included in compensation of officers--not allowable when company is beneficiary of policy)","31.2-16","LIMITED†"]
["R","31.205-36(b)(1)","Leases (operating leases for real property and personal property)","31.2-21","YES"]
["R","31.205-47","Legal and Other Proceedings. ","31.2-27","YES"]
["R","31.205-19(e)(2)(v)","Life Insurance","31.2-16","YES"]
["R","31.205-22","Lobbying and Political Activity Costs. ","31.2-16","NO"]
["R","31.205-46","Lodging, Meals, and Incidental Expenses.","31.2-25","YES"]
["R","31.205-35(c)(1)","Loss on Sale of Home (for employees with a permanent change of work location).","31.2-20","NO"]
["R","31.205-23","Losses on Other Contracts. ","31.2-17","NO"]
["R","31.205-25","Manufacturing and Production Engineering Costs. ","31.2-17","YES"]
["R","31.205-1; 31.205-38","Marketing Costs. (Note: FAR Part 31 does not expressly  use the term \"marketing,\" but public relations, advertising costs, and selling costs are widely referred to as marketing by many individuals.  Within the FAR, selling costs are the most analogous to marketing costs--see 31.205-38.)","31.2-4","NO"]
["R","31.205-38(b)(4)","Market Planning.","31.2-22","YES"]
["R","31.205-26","Material Costs (Direct Costs, primarily). ","31.2-17","YES"]
["R","31.205-46(a)(2)","Meals, Lodging, and Incidental Expenses.","31.2-26","YES"]
["R","31.205-1(f)(7)","Memberships in Civic and Community Organizations.","31.2-4","NO"]
["R","31.205-46(d)","Mileage Costs: Automobile.","31.2-27","YES"]
["R","31.205-13","Morale, Health, Welfare, Food Service, and Dormitory Costs and Credits. ","31.2-12","YES"]
["R","31.205-35","Moving Costs Paid to Employees.","31.2-20","YES"]
["R","31.205-25","M&PE Costs (Manufacturing and Production Engineering Costs). ","31.2-17","YES"]
["R","31.205-19(e)(2)(v)","Officers' Life Insurance.","31.2-16","NO†"]
["R","31.205-1(e)(4)","Open Houses.","31.2-4","YES"]
["R","31.205-36","Operating Leases (real property and personal property).","31.2-21","YES"]
["R","31.205-27(a)","Organization/Reorganization Costs. ","31.2-18","NO"]
["R","31.205-28","Other Business Expenses. ","31.2-18","YES"]
["R","31.205-30(c)","Patent Costs. ","31.2-18","NO"]
["R","31.205-15(a)","Penalties (costs associated with)","31.2-12","NO"]
["R","31.205-6(j)","Pension Costs","31.2-7","YES"]
["R","31.205-6(j)(1)(i)","Pension Costs: Current Funding Requirement","31.2-7","YES"]
["R","31.205-6(j)(4)","Pension Costs: Defined Contribution Plans.","31.2-8","YES"]
["R","31.205-6(j)(4)(i)","Pension Costs: Allowable Contribution Limited to ","31.2-8","YES"]
["R","31.205-6(f)","Performance Awards to Employees.","31.2-6","YES"]
["R","31.205-6","Personal Services (compensation for). ","31.2-5","YES"]
["R","31.205-6(m)(2)","Personal Use of Automobiles.","31.2-9","NO"]
["R","31.205-29","Plant Protection Costs. ","31.2-18","YES"]
["R","31.205-31","Plant Reconversion Costs. ","31.2-18","NO"]
["R","31.205-32","Precontract Costs (Direct Costs). ","31.2-18","YES"]
["R","31.205-43","Professional Activity Costs.","31.2-24","YES"]
["R","31.205-33","Professional and Consultant Service Costs (outside accountants, lawyers, actuaries, and marketing consultants). ","31.2-19","YES"]
["R","31.205-19","Professional Liability and General Insurance","31.2-16","YES"]
["R","31.205-6(a)(6)(ii)(B)","Profits to Owners, Distribution of (unallowable).","31.2-5","NO"]
["R","31.205-1","Public Relations and Advertising Costs. ","31.2-3","NO†"]
["R","31.205-6(n)","Purchase-Discount Plans for Employees.","31.2-9","NO"]
["R","31.205-1(f)(5)","Promotional Materials.","31.2-4","NO"]
["R","31.205-35(a)(3)","Real Estate Brokers' Fees and Commissions (for employees with a permanent change of work location).","31.2-20","YES"]
["R","31.201-3","Reasonableness. (No presumption of reasonableness exists.)","31.2-1","--"]
["R","31.205-31","Reconversion Costs. ","31.2-18","NO"]
["R","31.201-2(d)","Record-keeping Requirements (Consultants' Responsibility to Maintain Adequate Records).","31.2-1","--"]
["R","31.205-13(c)","Recreation for Employees.","31.2-12","NO†"]
["R","31.205-34","Recruitment Costs. ","31.2-19","YES"]
["R","31.205-36(b)(3)","Common Control of Leased Properties (e.g., between sub. and parent).","31.2-21","YES†"]
["R","31.201-6(a)","Related Costs (Costs Related to Unallowable Costs). See also CAS 405.","31.2-2","NO"]
["R","31.205-36(b)(3)","Related Party Transactions: Rental Costs","31.2-21","YES†"]
["R","31.205-35","Relocation Costs Paid to Employees. ","31.2-20","YES"]
["R","31.205-36","Rental Costs--Operating Leases.","31.2-21","YES"]
["R","31.205-27","Reorganization Costs.","31.2-18","YES"]
["R","31.205-48","Research and Development Costs. ","31.2-28","YES"]
["R","31.205-37(a)","Royalties and Other Costs for Use of Patents (Direct Costs). ","31.2-21","YES"]
["R","31.205-11(h)(1)","Sale and Leaseback.","31.2-11","YES†"]
["R","31.205-38","Selling Costs (all marketing of the consultant's products or services)","31.2-22","LIMITED†"]
["R","31.205-1(f)(3)","Seminars, Symposia, and Meetings-When to Disallow Costs.","31.2-4","NO"]
["R","31.205-39","Service and Warranty Costs (Direct Costs). ","31.2-22","YES"]
["R","31.205-42","Settlement Costs Associated with Contract Terminations.","31.2-23","VARIES"]
["R","31.205-6(g)","Severance Pay.","31.2-6","YES"]
["R","31.205-14","Social and Dining Club Memberships (Entertainment).","31.2-12","NO"]
["R","31.205-40","Special Tooling and Special Test Equipment Costs (Direct Costs). ","31.2-22","YES†"]
["R","31.205-41(a)(1)","State Income Taxes.","31.2-22","YES"]
["R","31.201-6(c)(2)","Statistical Sampling for Unallowable Costs.",null,"ONLY IF(*)"]
["R","31.205-28(a)","Stock Issue Costs.","31.2-18","YES"]
["R","31.205-43(b)","Subscriptions and Dues","31.2-24","YES"]
["R","31.205-41","Taxes. ","31.2-22","YES†"]
["R","31.205-42","Termination Costs (Direct Costs). ","31.2-23","VARIES"]
["R","31.201-1(a)","Total Cost, Defined.","31.2-1","--"]
["R","31.205-43","Trade, Business, Technical and Professional Activity Costs. ","31.2-24","YES"]
["R","31.205-1(f)(2)","Trade Shows.","31.2-24","NO"]
["R","31.205-44","Training and Education Costs. ","31.2-25","YES"]
["R","31.205-46","Travel Costs. ","31.2-25","YES"]
["R","31.201-6","Unallowable Costs (and Related Costs)","31.2-2","--"]
["R","31.201-4","Uncompensated Overtime.","31.2-1","NO"]
["R","31.205-13","Welfare, Food Service, and Dormitory Costs and Credits. ","31.2-12","YES"]

{"sheet":"FAR Part 31 Complete Text","index":17,"n_rows":4173,"n_cols":3,"rows_kept":4173,"cut":false,"hidden":false,"merged":[]}
[null,null,"31 CFR 2015 Title 48 Volume 1"]
[]
[null,null,"PART 31 - CONTRACT COST PRINCIPLES AND PROCEDURES - Table of Contents"]
[]
[null,null,"Sec."]
[null,null,"31.000 Scope of part."]
[null,null,"31.001 Definitions."]
[null,null,"31.002 Availability of accounting guide."]
[]
[null,null,"                       Subpart 31.1_Applicability"]
[]
[null,null,"31.100 Scope of subpart."]
[null,null,"31.101 Objectives."]
[null,null,"31.102 Fixed-price contracts."]
[null,null,"31.103 Contracts with commercial organizations."]
[null,null,"31.104 Contracts with educational institutions."]
[null,null,"31.105 Construction and architect-engineer contracts."]
[null,null,"31.106 [Reserved]"]
[null,null,"31.107 Contracts with State, local, and federally recognized Indian "]
[null,null,"          tribal governments."]
[null,null,"31.108 Contracts with nonprofit organizations."]
[null,null,"31.109 Advance agreements."]
[null,null,"31.110 Indirect cost rate certification and penalties on unallowable "]
[null,null,"          costs."]
[]
[null,null,"          Subpart 31.2_Contracts With Commercial Organizations"]
[]
[null,null,"31.201 General."]
[null,null,"31.201-1 Composition of total cost."]
[null,null,"31.201-2 Determining allowability."]
[null,null,"31.201-3 Determining reasonableness."]
[null,null,"31.201-4 Determining allocability."]
[null,null,"31.201-5 Credits."]
[null,null,"31.201-6 Accounting for unallowable costs."]
[null,null,"31.201-7 Construction and architect-engineer contracts."]
[null,null,"31.202 Direct costs."]
[null,null,"31.203 Indirect costs."]
[null,null,"31.204 Application of principles and procedures."]
[null,null,"31.205 Selected costs."]
[null,null,"31.205-1 Public relations and advertising costs."]
[null,null,"31.205-2 [Reserved]"]
[null,null,"31.205-3 Bad debts."]
[null,null,"31.205-4 Bonding costs."]
[null,null,"31.205-5 [Reserved]"]
[null,null,"31.205-6 Compensation for personal services."]
[null,null,"31.205-7 Contingencies."]
[null,null,"31.205-8 Contributions or donations."]
[null,null,"31.205-9 [Reserved]"]
[null,null,"31.205-10 Cost of money."]
[null,null,"31.205-11 Depreciation."]
[null,null,"31.205-12 Economic planning costs."]
[null,null,"31.205-13 Employee morale, health, welfare, food service, and dormitory "]
[null,null,"          costs and credits."]
[null,null,"31.205-14 Entertainment costs."]
[null,null,"31.205-15 Fines, penalties, and mischarging costs."]
[null,null,"31.205-16 Gains and losses on disposition or impairment of depreciable "]
[null,null,"          property or other capital assets."]
[null,null,"31.205-17 Idle facilities and idle capacity costs."]
[null,null,"31.205-18 Independent research and development and bid and proposal "]
[null,null,"          costs."]
[null,null,"31.205-19 Insurance and indemnification."]
[null,null,"31.205-20 Interest and other financial costs."]
[null,null,"31.205-21 Labor relations costs."]
[null,null,"31.205-22 Lobbying and political activity costs."]
[null,null,"31.205-23 Losses on other contracts."]
[null,null,"31.205-24 Maintenance and repair costs."]
[null,null,"31.205-25 Manufacturing and production engineering costs."]
[null,null,"31.205-26 Material costs."]
[null,null,"31.205-27 Organization costs."]
[null,null,"31.205-28 Other business expenses."]
[null,null,"31.205-29 Plant protection costs."]
[null,null,"31.205-30 Patent costs."]
[null,null,"31.205-31 Plant reconversion costs."]
[null,null,"31.205-32 Precontract costs."]
[null,null,"31.205-33 Professional and consultant service costs."]
[]
[null,null,"[[Page 686]]"]
[]
[null,null,"31.205-34 Recruitment costs."]
[null,null,"31.205-35 Relocation costs."]
[null,null,"31.205-36 Rental costs."]
[null,null,"31.205-37 Royalties and other costs for use of patents."]
[null,null,"31.205-38 Selling costs."]
[null,null,"31.205-39 Service and warranty costs."]
[null,null,"31.205-40 Special tooling and special test equipment costs."]
[null,null,"31.205-41 Taxes."]
[null,null,"31.205-42 Termination costs."]
[null,null,"31.205-43 Trade, business, technical, and professional activity costs."]
[null,null,"31.205-44 Training and education costs."]
[null,null,"31.205-45 [Reserved]"]
[null,null,"31.205-46 Travel costs."]
[null,null,"31.205-47 Costs related to legal and other proceedings."]
[null,null,"31.205-48 Research and development costs."]
[null,null,"31.205-49 Goodwill."]
[null,null,"31.205-50 [Reserved]"]
[null,null,"31.205-51 Costs of alcoholic beverages."]
[null,null,"31.205-52 Asset valuations resulting from business combinations."]
[]
[null,null,"          Subpart 31.3_Contracts With Educational Institutions"]
[]
[null,null,"31.301 Purpose."]
[null,null,"31.302 General."]
[null,null,"31.303 Requirements."]
[]
[null,null,"Subparts 31.4-31.5 [Reserved]"]
[]
[null,null,"   Subpart 31.6_Contracts With State, Local, and Federally Recognized "]
[null,null,"                        Indian Tribal Governments"]
[]
[null,null,"31.601 Purpose."]
[null,null,"31.602 General."]
[null,null,"31.603 Requirements."]
[]
[null,null,"           Subpart 31.7_Contracts With Nonprofit Organizations"]
[]
[null,null,"31.701 Purpose."]
[null,null,"31.702 General."]
[null,null,"31.703 Requirements."]
[]
[null,null,"    Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 U.S.C. "]
[null,null,20113]
[]
[null,null,"    Source: 48 FR 42301, Sept. 19, 1983, unless otherwise noted."]
[]
[]
[]
[null,null,"31.000  Scope of part."]
[]
[null,null,"    This part contains cost principles and procedures for (a) the "]
[null,null,"pricing of contracts, subcontracts, and modifications to contracts and "]
[null,null,"subcontracts whenever cost analysis is performed (see 15.404-1(c)) and "]
[null,null,"(b) the determination, negotiation, or allowance of costs when required "]
[null,null,"by a contract clause."]
[]
[null,null,"[48 FR 42301, Sept. 19, 1983, as amended at 62 FR 51271, Sept. 30, 1997]"]
[]
[]
[]
[null,null,"31.001  Definitions."]
[]
[null,null,"    As used in this part--"]
[null,null,"    Accrued benefit cost method means an actuarial cost method under "]
[null,null,"which units of benefits are assigned to each cost accounting period and "]
[null,null,"are valued as they accrue; i.e., based on the services performed by each "]
[null,null,"employee in the period involved. The measure of normal cost under this "]
[null,null,"method for each cost accounting period is the present value of the units "]
[null,null,"of benefit deemed to be credited to employees for service in that "]
[null,null,"period. The measure of the actuarial accrued liability at a plan's "]
[null,null,"inception date is the present value of the units of benefit credited to "]
[null,null,"employees for service prior to that date. (This method is also known as "]
[null,null,"the unit credit cost method without salary projection.)"]
[null,null,"    Accumulating costs means collecting cost data in an organized "]
[null,null,"manner, such as through a system of accounts."]
[null,null,"    Actual cash value means the cost of replacing damaged property with "]
[null,null,"other property of like kind and quality in the physical condition of the "]
[null,null,"property immediately before the damage."]
[null,null,"    Actual costs means (except for subpart 31.6) amounts determined on "]
[null,null,"the basis of costs incurred, as distinguished from forecasted costs. "]
[null,null,"Actual costs include standard costs properly adjusted for applicable "]
[null,null,"variances."]
[null,null,"    Actuarial accrued liability means pension cost attributable, under "]
[null,null,"the actuarial cost method in use, to years prior to the current period "]
[null,null,"considered by a particular actuarial valuation. As of such date, the "]
[null,null,"actuarial accrued liability represents the excess of the present value "]
[null,null,"of future benefits and administrative expenses over the present value of "]
[null,null,"future normal costs for all plan participants and beneficiaries. The "]
[null,null,"excess of the actuarial accrued liability over the actuarial value of "]
[null,null,"the assets of a pension plan is the unfunded actuarial liability. The "]
[null,null,"excess of the actuarial value of the assets of a pension plan over the "]
[null,null,"actuarial accrued liability is an actuarial surplus and is treated as a "]
[null,null,"negative unfunded actuarial liability."]
[null,null,"    Actuarial assumption means an estimate of future conditions "]
[null,null,"affecting pension cost; e.g., mortality rate, employee turnover, "]
[null,null,"compensation levels, earnings on pension plan assets, and"]
[]
[null,null,"[[Page 687]]"]
[]
[null,null,"changes in values of pension plan assets."]
[null,null,"    Actuarial cost method means a technique which uses actuarial "]
[null,null,"assumptions to measure the present value of future pension benefits and "]
[null,null,"pension plan administrative expenses, and that assigns the cost of such "]
[null,null,"benefits and expenses to cost accounting periods. The actuarial cost "]
[null,null,"method includes the asset valuation method used to determine the "]
[null,null,"actuarial value of the assets of a pension plan."]
[null,null,"    Actuarial gain and loss means the effect on pension cost resulting "]
[null,null,"from differences between actuarial assumptions and actual experience."]
[null,null,"    Actuarial valuation means the determination, as of a specified date, "]
[null,null,"of the normal cost, actuarial accrued liability, actuarial value of the "]
[null,null,"assets of a pension plan, and other relevant values for the pension "]
[null,null,"plan."]
[null,null,"    Allocate means to assign an item of cost, or a group of items of "]
[null,null,"cost, to one or more cost objectives. This term includes both direct "]
[null,null,"assignment of cost and the reassignment of a share from an indirect cost "]
[null,null,"pool."]
[null,null,"    Compensated personal absence means any absence from work for reasons "]
[null,null,"such as illness, vacation, holidays, jury duty, military training, or "]
[null,null,"personal activities for which an employer pays compensation directly to "]
[null,null,"an employee in accordance with a plan or custom of the employer."]
[null,null,"    Compensation for personal services means all remuneration paid "]
[null,null,"currently or accrued, in whatever form and whether paid immediately or "]
[null,null,"deferred, for services rendered by employees to the contractor."]
[null,null,"    Cost input means the cost, except general and administrative (G&A) "]
[null,null,"expenses, which for contract costing purposes is allocable to the "]
[null,null,"production of goods and services during a cost accounting period."]
[null,null,"    Cost objective means (except for subpart 31.6) a function, "]
[null,null,"organizational subdivision, contract, or other work unit for which cost "]
[null,null,"data are desired and for which provision is made to accumulate and "]
[null,null,"measure the cost of processes, products, jobs, capitalized projects, "]
[null,null,"etc."]
[null,null,"    Deferred compensation means an award made by an employer to "]
[null,null,"compensate an employee in a future cost accounting period or periods for "]
[null,null,"services rendered in one or more cost accounting periods before the date "]
[null,null,"of the receipt of compensation by the employee. This definition shall "]
[null,null,"not include the amount of year end accruals for salaries, wages, or "]
[null,null,"bonuses that are to be paid within a reasonable period of time after the "]
[null,null,"end of a cost accounting period."]
[null,null,"    Defined-benefit pension plan means a pension plan in which the "]
[null,null,"benefits to be paid, or the basis for determining such benefits, are "]
[null,null,"established in advance and the contributions are intended to provide the "]
[null,null,"stated benefits."]
[null,null,"    Defined-contribution pension plan means a pension plan in which the "]
[null,null,"contributions to be made are established in advance and the benefits are "]
[null,null,"determined thereby."]
[null,null,"    Directly associated cost means any cost which is generated solely as "]
[null,null,"a result of the incurrence of another cost, and which would not have "]
[null,null,"been incurred had the other cost not been incurred."]
[null,null,"    Estimating costs means the process of forecasting a future result in "]
[null,null,"terms of cost, based upon information available at the time."]
[null,null,"    Expressly unallowable cost means a particular item or type of cost "]
[null,null,"which, under the express provisions of an applicable law, regulation, or "]
[null,null,"contract, is specifically named and stated to be unallowable."]
[null,null,"    Final cost objective means (except for subparts 31.3 and 31.6) a "]
[null,null,"cost objective that has allocated to it both direct and indirect costs "]
[null,null,"and, in the contractors accumulation system, is one of the final "]
[null,null,"accumulation points."]
[null,null,"    Fiscal year means the accounting period for which annual financial "]
[null,null,"statements are regularly prepared, generally a period of 12 months, 52 "]
[null,null,"weeks, or 53 weeks."]
[null,null,"    Funded pension cost means the portion of pension cost for a current "]
[null,null,"or prior cost accounting period that has been paid to a funding agency."]
[null,null,"    Home office means an office responsible for directing or managing "]
[null,null,"two or more, but not necessarily all, segments of an organization. It "]
[null,null,"typically establishes policy for, and provides guidance to, the segments "]
[null,null,"in their operations. It"]
[]
[null,null,"[[Page 688]]"]
[]
[null,null,"usually performs management, supervisory, or administrative functions, "]
[null,null,"and may also perform service functions in support of the operations of "]
[null,null,"the various segments. An organization which has intermediate levels, "]
[null,null,"such as groups, may have several home offices which report to a common "]
[null,null,"home office. An intermediate organization may be both a segment and a "]
[null,null,"home office."]
[null,null,"    Immediate-gain actuarial cost method means any of the several "]
[null,null,"actuarial cost methods under which actuarial gains and losses are "]
[null,null,"included as part of the unfunded actuarial liability of the pension "]
[null,null,"plan, rather than as part of the normal cost of the plan."]
[null,null,"    Independent research and development (IR&D) cost means the cost of "]
[null,null,"effort which is neither sponsored by a grant, nor required in performing "]
[null,null,"a contract, and which falls within any of the following four areas: (a) "]
[null,null,"basic research, (b) applied research, (c) development, and (d) systems "]
[null,null,"and other concept formulation studies."]
[null,null,"    Indirect cost pools means (except for subparts 31.3 and 31.6) "]
[null,null,"groupings of incurred costs identified with two or more cost objectives "]
[null,null,"but not identified specifically with any final cost objective."]
[null,null,"    Insurance administration expenses means the contractor's costs of "]
[null,null,"administering an insurance program; e.g., the costs of operating an "]
[null,null,"insurance or risk-management department, processing claims, actuarial "]
[null,null,"fees, and service fees paid to insurance companies, trustees, or "]
[null,null,"technical consultants."]
[null,null,"    Intangible capital asset means an asset that has no physical "]
[null,null,"substance, has more than minimal value, and is expected to be held by an "]
[null,null,"enterprise for continued use or possession beyond the current accounting "]
[null,null,"period for the benefits it yields."]
[null,null,"    Job means a homogeneous cluster of work tasks, the completion of "]
[null,null,"which serves an enduring purpose for the organization. Taken as a whole, "]
[null,null,"the collection of tasks, duties, and responsibilities constitutes the "]
[null,null,"assignment for one or more individuals whose work is of the same nature "]
[null,null,"and is performed at the same skill/ responsibility level--as opposed to "]
[null,null,"a position, which is a collection of tasks assigned to a specific "]
[null,null,"individual. Within a job, there may be pay categories which are "]
[null,null,"dependent on the degree of supervision required by the employee while "]
[null,null,"performing assigned tasks which are performed by all persons with the "]
[null,null,"same job."]
[null,null,"    Job class of employees means employees performing in positions "]
[null,null,"within the same job."]
[null,null,"    Labor cost at standard means a preestablished measure of the labor "]
[null,null,"element of cost, computed by multiplying labor-rate standard by labor-"]
[null,null,"time standard."]
[null,null,"    Labor market means a place where individuals exchange their labor "]
[null,null,"for compensation. Labor markets are identified and defined by a "]
[null,null,"combination of the following factors:"]
[null,null,"    (1) Geography,"]
[null,null,"    (2) Education and/or technical background required,"]
[null,null,"    (3) Experience required by the job,"]
[null,null,"    (4) Licensing or certification requirements,"]
[null,null,"    (5) Occupational membership, and"]
[null,null,"    (6) Industry."]
[null,null,"    Labor-rate standard means a preestablished measure, expressed in "]
[null,null,"monetary terms, of the price of labor."]
[null,null,"    Labor-time standard means a preestablished measure, expressed in "]
[null,null,"temporal terms, of the quantity of labor."]
[null,null,"    Material cost at standard means a preestablished measure of the "]
[null,null,"material elements of cost, computed by multiplying material-price "]
[null,null,"standard by material-quantity standard."]
[null,null,"    Material-price standard means a preestablished measure, expressed in "]
[null,null,"monetary terms, of the price of material."]
[null,null,"    Material-quantity standard means a preestablished measure, expressed "]
[null,null,"in physical terms, of the quantity of material."]
[null,null,"    Moving average cost means an inventory costing method under which an "]
[null,null,"average unit cost is computed after each acquisition by adding the cost "]
[null,null,"of the newly acquired units to the cost of the units of inventory on "]
[null,null,"hand and dividing this figure by the new total number of units."]
[null,null,"    Nonqualified pension plan means any pension plan other than a "]
[null,null,"qualified pension plan as defined in this part."]
[null,null,"    Normal cost means the annual cost attributable, under the actuarial "]
[null,null,"cost"]
[]
[null,null,"[[Page 689]]"]
[]
[null,null,"method in use, to current and future years as of a particular valuation "]
[null,null,"date excluding any payment in respect of an unfunded actuarial "]
[null,null,"liability."]
[null,null,"    Original complement of low cost equipment means a group of items "]
[null,null,"acquired for the initial outfitting of a tangible capital asset or an "]
[null,null,"operational unit, or a new addition to either. The items in the group "]
[null,null,"individually cost less than the minimum amount established by the "]
[null,null,"contractor for capitalization for the classes of assets acquired but in "]
[null,null,"the aggregate they represent a material investment. The group, as a "]
[null,null,"complement, is expected to be held for continued service beyond the "]
[null,null,"current period. Initial outfitting of the unit is completed when the "]
[null,null,"unit is ready and available for normal operations."]
[null,null,"    Pay-as-you-go cost method means a method of recognizing pension cost "]
[null,null,"only when benefits are paid to retired employees or their beneficiaries."]
[null,null,"    Pension plan means a deferred compensation plan established and "]
[null,null,"maintained by one or more employers to provide systematically for the "]
[null,null,"payment of benefits to plan participants after their retirements, "]
[null,null,"provided that the benefits are paid for life or are payable for life at "]
[null,null,"the option of the employees. Additional benefits such as permanent and "]
[null,null,"total disability and death payments, and survivorship payments to "]
[null,null,"beneficiaries of deceased employees, may be an integral part of a "]
[null,null,"pension plan."]
[null,null,"    Pension plan participant means any employee or former employee of an "]
[null,null,"employer or any member or former member of an employee organization, who "]
[null,null,"is or may become eligible to receive a benefit from a pension plan which "]
[null,null,"covers employees of such employer or members of such organization who "]
[null,null,"have satisfied the plan's participation requirements, or whose "]
[null,null,"beneficiaries are receiving or may be eligible to receive any such "]
[null,null,"benefit. A participant whose employment status with the employer has not "]
[null,null,"been terminated is an active participant of the employer's pension plan."]
[null,null,"    Profit center means (except for subparts 31.3 and 31.6) the smallest "]
[null,null,"organizationally independent segment of a company charged by management "]
[null,null,"with profit and loss responsibilities."]
[null,null,"    Projected benefit cost method means either--"]
[null,null,"    (1) Any of the several actuarial cost methods that distribute the "]
[null,null,"estimated total cost of all of the employees' prospective benefits over "]
[null,null,"a period of years, usually their working careers; or"]
[null,null,"    (2) A modification of the accrued benefit cost method that considers "]
[null,null,"projected compensation levels."]
[null,null,"    Proposal means any offer or other submission used as a basis for "]
[null,null,"pricing a contract, contract modification, or termination settlement or "]
[null,null,"for securing payments thereunder."]
[null,null,"    Qualified pension plan means a pension plan comprising a definite "]
[null,null,"written program communicated to and for the exclusive benefit of "]
[null,null,"employees that meets the criteria deemed essential by the Internal "]
[null,null,"Revenue Service as set forth in the Internal Revenue Code for "]
[null,null,"preferential tax treatment regarding contributions, investments, and "]
[null,null,"distributions. Any other plan is a nonqualified pension plan."]
[null,null,"    Self-insurance charge means a cost which represents the projected "]
[null,null,"average loss under a self-insurance plan."]
[null,null,"    Service life means the period of usefulness of a tangible capital "]
[null,null,"asset (or group of assets) to its current owner. The period may be "]
[null,null,"expressed in units of time or output. The estimated service life of a "]
[null,null,"tangible capital asset (or group of assets) is a current forecast of its "]
[null,null,"service life and is the period over which depreciation cost is to be "]
[null,null,"assigned."]
[null,null,"    Spread-gain actuarial cost method means any of the several projected "]
[null,null,"benefit actuarial cost methods under which actuarial gains and losses "]
[null,null,"are included as part of the current and future normal costs of the "]
[null,null,"pension plan."]
[null,null,"    Standard cost means any cost computed with the use of preestablished "]
[null,null,"measures."]
[null,null,"    Tangible capital asset means an asset that has physical substance, "]
[null,null,"more than minimal value, and is expected to be held by an enterprise for "]
[null,null,"continued use or possession beyond the current accounting period for the "]
[null,null,"services it yields."]
[null,null,"    Termination of employment gain or loss means an actuarial gain or "]
[null,null,"loss resulting from the difference between the assumed and actual rates "]
[null,null,"at which pension plan participants separate from"]
[]
[null,null,"[[Page 690]]"]
[]
[null,null,"employment for reasons other than retirement, disability, or death."]
[null,null,"    Variance means the difference between a preestablished measure and "]
[null,null,"an actual measure."]
[null,null,"    Weighted average cost means an inventory costing method under which "]
[null,null,"an average unit cost is computed periodically by dividing the sum of the "]
[null,null,"cost of beginning inventory plus the cost of acquisitions by the total "]
[null,null,"number of units included in these two categories."]
[null,null,"    Welfare benefit fund means a trust or organization which receives "]
[null,null,"and accumulates assets to be used either for the payment of "]
[null,null,"postretirement benefits, or for the purchase of such benefits, provided "]
[null,null,"such accumulated assets form a part of a postretirement benefit plan."]
[]
[null,null,"[48 FR 42301, Sept. 17, 1983, as amended at 54 FR 13024, Mar. 29, 1989; "]
[null,null,"61 FR 39217, July 26, 1996; 61 FR 69288, Dec. 31, 1996; 63 FR 58596, "]
[null,null,"Oct. 30, 1998; 66 FR 2131, Jan. 10, 2001; 68 FR 28091, May 22, 2003; 68 "]
[null,null,"FR 43866, July 24, 2003; 74 FR 65612, Dec. 10, 2009]"]
[]
[]
[]
[null,null,"31.002  Availability of accounting guide."]
[]
[null,null,"    Contractors needing assistance in developing or improving their "]
[null,null,"accounting systems and procedures may request a copy of the Defense "]
[null,null,"Contract Audit Agency Pamphlet No. 7641.90, Information for Contractors. "]
[null,null,"The pamphlet is available via the Internet at http://www.dcaa.mil."]
[]
[null,null,"[67 FR 6120, Feb. 8, 2002]"]
[]
[]
[]
[null,null,"                       Subpart 31.1_Applicability"]
[]
[]
[]
[null,null,"31.100  Scope of subpart."]
[]
[null,null,"    This subpart describes the applicability of the cost principles and "]
[null,null,"procedures in succeeding subparts of this part to various types of "]
[null,null,"contracts and subcontracts. It also describes the need for advance "]
[null,null,"agreements."]
[]
[]
[]
[null,null,"31.101  Objectives."]
[]
[null,null,"    In recognition of differing organizational characteristics, the cost "]
[null,null,"principles and procedures in the succeeding subparts are grouped "]
[null,null,"basically by organizational type; e.g., commercial concerns and "]
[null,null,"educational institutions. The overall objective is to provide that, to "]
[null,null,"the extent practicable, all organizations of similar types doing similar "]
[null,null,"work will follow the same cost principles and procedures. To achieve "]
[null,null,"this uniformity, individual deviations concerning cost principles "]
[null,null,"require advance approval of the agency head or designee. Class "]
[null,null,"deviations for the civilian agencies require advance approval of the "]
[null,null,"Civilian Agency Acquisition Council. Class deviations for the National "]
[null,null,"Aeronautics and Space Administration require advance approval of the "]
[null,null,"Deputy Chief Acquisition Officer. Class deviations for the Department of "]
[null,null,"Defense require advance approval of the Director of Defense Procurement, "]
[null,null,"Office of the Under Secretary of Defense for Acquisition, Technology, "]
[null,null,"and Logistics."]
[]
[null,null,"[48 FR 42301, Sept. 19, 1983, as amended at 56 FR 67133, Dec. 27, 1991; "]
[null,null,"61 FR 31655, June 20, 1996; 65 FR 24325, Apr. 25, 2000; 67 FR 13068, "]
[null,null,"Mar. 20, 2002; 70 FR 11763, Mar. 9, 2005]"]
[]
[]
[]
[null,null,"31.102  Fixed-price contracts."]
[]
[null,null,"    The applicable subparts of part 31 shall be used in the pricing of "]
[null,null,"fixed-price contracts, subcontracts, and modifications to contracts and "]
[null,null,"subcontracts whenever (a) cost analysis is performed, or (b) a fixed-"]
[null,null,"price contract clause requires the determination or negotiation of "]
[null,null,"costs. However, application of cost principles to fixed-price contracts "]
[null,null,"and subcontracts shall not be construed as a requirement to negotiate "]
[null,null,"agreements on individual elements of cost in arriving at agreement on "]
[null,null,"the total price. The final price accepted by the parties reflects "]
[null,null,"agreement only on the total price. Further, notwithstanding the "]
[null,null,"mandatory use of cost principles, the objective will continue to be to "]
[null,null,"negotiate prices that are fair and reasonable, cost and other factors "]
[null,null,"considered."]
[]
[]
[]
[null,null,"31.103  Contracts with commercial organizations."]
[]
[null,null,"    This category includes all contracts and contract modifications for "]
[null,null,"supplies, services, or experimental, developmental, or research work "]
[null,null,"negotiated with organizations other than educational institutions (see "]
[null,null,"31.104), construction and architect-engineer contracts (see 31.105), "]
[null,null,"State and local governments (see 31.107) and nonprofit organizations "]
[null,null,"(see 31.108) on the basis of cost."]
[]
[null,null,"[[Page 691]]"]
[]
[null,null,"    (a) The cost principles and procedures in subpart 31.2 and agency "]
[null,null,"supplements shall be used in pricing negotiated supply, service, "]
[null,null,"experimental, developmental, and research contracts and contract "]
[null,null,"modifications with commercial organizations whenever cost analysis is "]
[null,null,"performed as required by 15.404-1(c)."]
[null,null,"    (b) In addition, the contracting officer shall incorporate the cost "]
[null,null,"principles and procedures in subpart 31.2 and agency supplements by "]
[null,null,"reference in contracts with commercial organizations as the basis for--"]
[null,null,"    (1) Determining reimbursable costs under (i) cost-reimbursement "]
[null,null,"contracts and cost-reimbursement subcontracts under these contracts "]
[null,null,"performed by commercial organizations and (ii) the cost-reimbursement "]
[null,null,"portion of time-and-materials contracts except when material is priced "]
[null,null,"on a basis other than at cost (see 16.601(c)(3));"]
[null,null,"    (2) Negotiating indirect cost rates (see subpart 42.7);"]
[null,null,"    (3) Proposing, negotiating, or determining costs under terminated "]
[null,null,"contracts (see 49.103 and 49.113);"]
[null,null,"    (4) Price revision of fixed-price incentive contracts (see 16.204 "]
[null,null,"and 16.403);"]
[null,null,"    (5) Price redetermination of price redetermination contracts (see "]
[null,null,"16.205 and 16.206); and"]
[null,null,"    (6) Pricing changes and other contract modifications."]
[]
[null,null,"[48 FR 42301, Sept. 19, 1983, as amended at 62 FR 51271, Sept. 30, 1997; "]
[null,null,"72 FR 6882, Feb. 13, 2007]"]
[]
[]
[]
[null,null,"31.104  Contracts with educational institutions."]
[]
[null,null,"    This category includes all contracts and contract modifications for "]
[null,null,"research and development, training, and other work performed by "]
[null,null,"educational institutions."]
[null,null,"    (a) The contracting officer shall incorporate the cost principles "]
[null,null,"and procedures in subpart 31.3 by reference in cost-reimbursement "]
[null,null,"contracts with educational institutions as the basis for--"]
[null,null,"    (1) Determining reimbursable costs under the contracts and cost-"]
[null,null,"reimbursement subcontracts thereunder performed by educational "]
[null,null,"institutions;"]
[null,null,"    (2) Negotiating indirect cost rates; and"]
[null,null,"    (3) Settling costs of cost-reimbursement terminated contracts (see "]
[null,null,"subpart 49.3 and 49.109-7)."]
[null,null,"    (b) The cost principles in this subpart are to be used as a guide in "]
[null,null,"evaluating costs in connection with negotiating fixed-price contracts "]
[null,null,"and termination settlements."]
[]
[]
[]
[null,null,"31.105  Construction and architect-engineer contracts."]
[]
[null,null,"    (a) This category includes all contracts and contract modifications "]
[null,null,"negotiated on the basis of cost with organizations other than "]
[null,null,"educational institutions (see 31.104), State and local governments (see "]
[null,null,"31.107), and nonprofit organizations except those exempted under OMB "]
[null,null,"Circular A-122 (see 31-108) for construction management or construction, "]
[null,null,"alteration or repair of buildings, bridges, roads, or other kinds of "]
[null,null,"real property. It also includes architect-engineer contracts related to "]
[null,null,"construction projects. It does not include contracts for vessels, "]
[null,null,"aircraft, or other kinds of personal property."]
[null,null,"    (b) Except as otherwise provided in (d) below, the cost principles "]
[null,null,"and procedures in subpart 31.2 shall be used in the pricing of contracts "]
[null,null,"and contract modifications in this category if cost analysis is "]
[null,null,"performed as required by 15.404-1(c)."]
[null,null,"    (c) In addition, the contracting officer shall incorporate the cost "]
[null,null,"principles and procedures in subpart 31.2 (as modified by (d) below) by "]
[null,null,"reference in contracts in this category as the basis for--"]
[null,null,"    (1) Determining reimbursable costs under cost-reimbursement "]
[null,null,"contracts, including cost-reimbursement subcontracts thereunder;"]
[null,null,"    (2) Negotiating indirect cost rates;"]
[null,null,"    (3) Proposing, negotiating, or determining costs under terminated "]
[null,null,"contracts;"]
[null,null,"    (4) Price revision of fixed-price incentive contracts; and"]
[null,null,"    (5) Pricing changes and other contract modifications."]
[null,null,"    (d) Except as otherwise provided in this paragraph (d), the "]
[null,null,"allowability of costs for construction and architect-engineer contracts "]
[null,null,"shall be determined in accordance with subpart 31.2."]
[null,null,"    (1) Because of widely varying factors such as the nature, size, "]
[null,null,"duration, and"]
[]
[null,null,"[[Page 692]]"]
[]
[null,null,"location of the construction project, advance agreements as set forth in "]
[null,null,"31.109, for such items as home office overhead, partners' compensation, "]
[null,null,"employment of consultants, and equipment usage costs, are particularly "]
[null,null,"important in construction and architect-engineer contracts. When "]
[null,null,"appropriate they serve to express the parties' understanding and avoid "]
[null,null,"possible subsequent disputes or disallowances."]
[null,null,"    (2) Construction equipment, as used in this section, means equipment "]
[null,null,"(including marine equipment) in sound workable condition, either owned "]
[null,null,"or controlled by the contractor or the subcontractor at any tier, or "]
[null,null,"obtained from a commercial rental source, and furnished for use under "]
[null,null,"Government contracts."]
[null,null,"    (i) Allowable ownership and operating costs shall be determined as "]
[null,null,"follows:"]
[null,null,"    (A) Actual cost data shall be used when such data can be determined "]
[null,null,"for both ownership and operating costs for each piece of equipment, or "]
[null,null,"groups of similar serial or series equipment, from the contractor's "]
[null,null,"accounting records. When such costs cannot be so determined, the "]
[null,null,"contracting agency may specify the use of a particular schedule of "]
[null,null,"predetermined rates or any part thereof to determine ownership and "]
[null,null,"operating costs of construction equipment (see subdivisions (d)(2)(i)(B) "]
[null,null,"and (C) of this section). However, costs otherwise unallowable under "]
[null,null,"this part shall not become allowable through the use of any schedule "]
[null,null,"(see 31.109(c)). For example, schedules need to be adjusted for "]
[null,null,"Government contract costing purposes if they are based on replacement "]
[null,null,"cost, include unallowable interest costs, or use improper cost of money "]
[null,null,"rates or computations. Contracting officers should review the "]
[null,null,"computations and factors included within the specified schedule and "]
[null,null,"ensure that unallowable or unacceptably computed factors are not allowed "]
[null,null,"in cost submissions."]
[null,null,"    (B) Predetermined schedules of construction equipment use rates "]
[null,null,"(e.g., the Construction Equipment Ownership and Operating Expense "]
[null,null,"Schedule published by the U.S. Army Corps of Engineers, industry "]
[null,null,"sponsored construction equipment cost guides, or commercially published "]
[null,null,"schedules of construction equipment use cost) provide average ownership "]
[null,null,"and operating rates for construction equipment. The allowance for "]
[null,null,"ownership costs should include the cost of depreciation and may include "]
[null,null,"facilities capital cost of money. The allowance for operating costs may "]
[null,null,"include costs for such items as fuel, filters, oil, and grease; "]
[null,null,"servicing, repairs, and maintenance; and tire wear and repair. Costs of "]
[null,null,"labor, mobilization, demobilization, overhead, and profit are generally "]
[null,null,"not reflected in schedules, and separate consideration may be necessary."]
[null,null,"    (C) When a schedule of predetermined use rates for construction "]
[null,null,"equipment is used to determine direct costs, all costs of equipment that "]
[null,null,"are included in the cost allowances provided by the schedule shall be "]
[null,null,"identified and eliminated from the contractor's other direct and "]
[null,null,"indirect costs charged to the contract. If the contractor's accounting "]
[null,null,"system provides for site or home office overhead allocations, all costs "]
[null,null,"which are included in the equipment allowances may need to be included "]
[null,null,"in any cost input base before computing the contractor's overhead rate. "]
[null,null,"In periods of suspension of work pursuant to a contract clause, the "]
[null,null,"allowance for equipment ownership shall not exceed an amount for standby "]
[null,null,"cost as determined by the schedule or contract provision."]
[null,null,"    (ii) Reasonable costs of renting construction equipment are "]
[null,null,"allowable (but see paragraph (C) below)."]
[null,null,"    (A) Costs, such as maintenance and minor or running repairs incident "]
[null,null,"to operating such rented equipment, that are not included in the rental "]
[null,null,"rate are allowable."]
[null,null,"    (B) Costs incident to major repair and overhaul of rental equipment "]
[null,null,"are unallowable."]
[null,null,"    (C) The allowability of charges for construction equipment rented "]
[null,null,"from any division, subsidiary, or organization under common control, "]
[null,null,"will be determined in accordance with 31.205-36(b)(3)."]
[null,null,"    (3) Costs incurred at the job site incident to performing the work, "]
[null,null,"such as the cost of superintendence, timekeeping and clerical work, "]
[null,null,"engineering, utility costs, supplies, material handling, restoration and "]
[null,null,"cleanup,"]
[]
[null,null,"[[Page 693]]"]
[]
[null,null,"etc., are allowable as direct or indirect costs, provided the accounting "]
[null,null,"practice used is in accordance with the contractor's established and "]
[null,null,"consistently followed cost accounting practices for all work."]
[null,null,"    (4) Rental and any other costs, less any applicable credits incurred "]
[null,null,"in acquiring the temporary use of land, structures, and facilities are "]
[null,null,"allowable. Costs, less any applicable credits, incurred in constructing "]
[null,null,"or fabricating structures and facilities of a temporary nature are "]
[null,null,"allowable."]
[]
[null,null,"[48 FR 42301, Sept. 19, 1983, as amended at 50 FR 23607, June 4, 1985; "]
[null,null,"52 FR 19804, May 27, 1987; 62 FR 51271, Sept. 30, 1997]"]
[]
[]
[]
[null,null,"31.106  [Reserved]"]
[]
[]
[]
[null,null,"31.107  Contracts with State, local, and federally recognized Indian"]
[null,null,"tribal governments."]
[]
[null,null,"    (a) Subpart 31.6 provides principles and standards for determining "]
[null,null,"costs applicable to contracts with State, local, and federally "]
[null,null,"recognized Indian tribal governments. They provide the basis for a "]
[null,null,"uniform approach to the problem of determining costs and to promote "]
[null,null,"efficiency and better relationships between State, local, and federally "]
[null,null,"recognized Indian tribal governments, and Federal Government entities. "]
[null,null,"They apply to all programs that involve contracts with State, local, and "]
[null,null,"federally recognized Indian tribal governments, except contracts with--"]
[null,null,"    (1) Publicly financed educational institutions subject to subpart "]
[null,null,"31.3; or"]
[null,null,"    (2) Publicly owned hospitals and other providers of medical care "]
[null,null,"subject to requirements promulgated by the sponsoring Government "]
[null,null,"agencies."]
[null,null,"    (b) The Office of Management and Budget will approve any other "]
[null,null,"exceptions in particular cases when adequate justification is presented."]
[]
[null,null,"[48 FR 42301, Sept. 19, 1983, as amended at 52 FR 30076, Aug. 12, 1987]"]
[]
[]
[]
[null,null,"31.108  Contracts with nonprofit organizations."]
[]
[null,null,"    Subpart 31.7 provides principles and standards for determining costs "]
[null,null,"applicable to contracts with nonprofit organizations other than "]
[null,null,"educational institutions, State and local governments, and those "]
[null,null,"nonprofit organizations exempted under OMB Circular No. A-122."]
[]
[]
[]
[null,null,"31.109  Advance agreements."]
[]
[null,null,"    (a) The extent of allowability of the costs covered in this part "]
[null,null,"applies broadly to many accounting systems in varying contract "]
[null,null,"situations. Thus, the reasonableness, the allocability and the "]
[null,null,"allowability under the specific cost principles at subparts 31.2, 31.3, "]
[null,null,"31.6, and 31.7 of certain costs may be difficult to determine. To avoid "]
[null,null,"possible subsequent disallowance or dispute based on unreasonableness, "]
[null,null,"unallocability or unallowability under the specific cost principles at "]
[null,null,"subparts 31.2, 31.3, 31.6, and 31.7, contracting officers and "]
[null,null,"contractors should seek advance agreement on the treatment of special or "]
[null,null,"unusual costs and on statistical sampling methodologies at 31.201-6(c). "]
[null,null,"However, an advance agreement is not an absolute requirement and the "]
[null,null,"absence of an advance agreement on any cost will not, in itself, affect "]
[null,null,"the reasonableness, allocability or the allowability under the specific "]
[null,null,"cost principles at subparts 31.2, 31.3, 31.6, and 31.7 of that cost."]
[null,null,"    (b) Advance agreements may be negotiated either before or during a "]
[null,null,"contract but should be negotiated before incurrence of the costs "]
[null,null,"involved. The agreements must be in writing, executed by both "]
[null,null,"contracting parties, and incorporated into applicable current and future "]
[null,null,"contracts. An advance agreement shall contain a statement of its "]
[null,null,"applicability and duration."]
[null,null,"    (c) The contracting officer is not authorized by this 31.109 to "]
[null,null,"agree to a treatment of costs inconsistent with this part. For example, "]
[null,null,"an advance agreement may not provide that, notwithstanding 31.205-20, "]
[null,null,"interest is allowable."]
[null,null,"    (d) Advance agreements may be negotiated with a particular "]
[null,null,"contractor for a single contract, a group of contracts, or all the "]
[null,null,"contracts of a contracting office, an agency, or several agencies."]
[null,null,"    (e) The cognizant administrative contracting officer (ACO), or other "]
[null,null,"contracting officer established in part 42, shall negotiate advance "]
[null,null,"agreements except that an advance agreement affecting only one contract, "]
[null,null,"or class of contracts from a single contracting office,"]
[]
[null,null,"[[Page 694]]"]
[]
[null,null,"shall be negotiated by a contracting officer in the contracting office, "]
[null,null,"or an ACO when delegated by the contracting officer. When the "]
[null,null,"negotiation authority is delegated, the ACO shall coordinate the "]
[null,null,"proposed agreement with the contracting officer before executing the "]
[null,null,"advance agreement."]
[null,null,"    (f) Before negotiating an advance agreement, the Government "]
[null,null,"negotiator shall--"]
[null,null,"    (1) Determine if other contracting offices inside the agency or in "]
[null,null,"other agencies have a significant unliquidated dollar balance in "]
[null,null,"contracts with the same contractor;"]
[null,null,"    (2) Inform any such office or agency of the matters under "]
[null,null,"consideration for negotiation; and"]
[null,null,"    (3) As appropriate, invite the office or agency and the responsible "]
[null,null,"audit agency to participate in prenegotiation discussions and/or in the "]
[null,null,"subsequent negotiations."]
[null,null,"    (g) Upon completion of the negotiation, the sponsor shall prepare "]
[null,null,"and distribute to other interested agencies and offices, including the "]
[null,null,"audit agency, copies of the executed agreement and a memorandum "]
[null,null,"providing the information specified in 15.406-3, as applicable."]
[null,null,"    (h) Examples for which advance agreements may be particularly "]
[null,null,"important are--"]
[null,null,"    (1) Compensation for personal services, including but not limited to "]
[null,null,"allowances for off-site pay, incentive pay, location allowances, "]
[null,null,"hardship pay, cost of living differential, and termination of defined "]
[null,null,"benefit pension plans;"]
[null,null,"    (2) Use charges for fully depreciated assets;"]
[null,null,"    (3) Deferred maintenance costs;"]
[null,null,"    (4) Precontract costs;"]
[null,null,"    (5) Independent research and development and bid and proposal costs;"]
[null,null,"    (6) Royalties and other costs for use of patents;"]
[null,null,"    (7) Selling and distribution costs;"]
[null,null,"    (8) Travel and relocation costs, as related to special or mass "]
[null,null,"personnel movements, as related to travel via contractor-owned, -leased, "]
[null,null,"or -chartered aircraft, or as related to maximum per diem rates;"]
[null,null,"    (9) Costs of idle facilities and idle capacity;"]
[null,null,"    (10) Severance pay to employees on support service contracts;"]
[null,null,"    (11) Plant reconversion;"]
[null,null,"    (12) Professional services (e.g., legal, accounting, and "]
[null,null,"engineering);"]
[null,null,"    (13) General and administrative costs (e.g., corporate, division, or "]
[null,null,"branch allocations) attributable to the general management, supervision, "]
[null,null,"and conduct of the contractor's business as a whole. These costs are "]
[null,null,"particularly significant in construction, job-site, architect-engineer, "]
[null,null,"facilities, and Government-owned contractor operated (GOCO) plant "]
[null,null,"contracts (see 31.203(h));"]
[null,null,"    (14) Costs of construction plant and equipment (see 31.105(d))."]
[null,null,"    (15) Costs of public relations and advertising; and"]
[null,null,"    (16) Statistical sampling methods (see 31.201-6(c)(4)."]
[]
[null,null,"[48 FR 42301, Sept. 19, 1983, as amended at 51 FR 12298, Apr. 9, 1986; "]
[null,null,"51 FR 27489, July 31, 1986; 52 FR 9038, Mar. 20, 1987; 52 FR 27806, July "]
[null,null,"24, 1987; 54 FR 34755, Aug. 21, 1989; 59 FR 67045, Dec. 28, 1994; 61 FR "]
[null,null,"69288, Dec. 31, 1996; 62 FR 51271, Sept. 30, 1997; 63 FR 9061, Feb. 23, "]
[null,null,"1998; 69 FR 17767, Apr. 5, 2004; 70 FR 57466, Sept. 30, 2005; 79 FR "]
[null,null,"70348, Nov. 25, 2014]"]
[]
[]
[]
[null,null,"31.110  Indirect cost rate certification and penalties on unallowable costs."]
[]
[null,null,"    (a) Certain contracts require certification of the indirect cost "]
[null,null,"rates proposed for final payment purposes. See 42.703-2 for "]
[null,null,"administrative procedures regarding the certification provisions and the "]
[null,null,"related contract clause prescription."]
[null,null,"    (b) If unallowable costs are included in final indirect cost "]
[null,null,"settlement proposals, penalties may be assessed. See 42.709 for "]
[null,null,"administrative procedures regarding the penalty assessment provisions "]
[null,null,"and the related contract clause prescription."]
[]
[null,null,"[60 FR 42658, Aug. 16, 1995, as amended at 62 FR 237, Jan. 2, 1997]"]
[]
[]
[]
[null,null,"          Subpart 31.2_Contracts With Commercial Organizations"]
[]
[]
[]
[null,null,"31.201  General."]
[]
[]
[]
[null,null,"31.201-1  Composition of total cost."]
[]
[null,null,"    (a) The total cost, including standard costs properly adjusted for "]
[null,null,"applicable variances, of a contract is the sum of the direct and "]
[null,null,"indirect costs allocable to the contract, incurred or to be incurred, "]
[null,null,"plus any allocable cost of"]
[]
[null,null,"[[Page 695]]"]
[]
[null,null,"money pursuant to 31.205-10, less any allocable credits. In ascertaining "]
[null,null,"what constitutes a cost, any generally accepted method of determining or "]
[null,null,"estimating costs that is equitable and is consistently applied may be "]
[null,null,"used."]
[null,null,"    (b) While the total cost of a contract includes all costs properly "]
[null,null,"allocable to the contract, the allowable costs to the Government are "]
[null,null,"limited to those allocable costs which are allowable pursuant to Part 31 "]
[null,null,"and applicable agency supplements."]
[]
[null,null,"[69 FR 17767, Apr. 5, 2004]"]
[]
[]
[]
[null,null,"31.201-2  Determining allowability."]
[]
[null,null,"    (a) A cost is allowable only when the cost complies with all of the "]
[null,null,"following requirements:"]
[null,null,"    (1) Reasonableness."]
[null,null,"    (2) Allocability."]
[null,null,"    (3) Standards promulgated by the CAS Board, if applicable, "]
[null,null,"otherwise, generally accepted accounting principles and practices "]
[null,null,"appropriate to the circumstances."]
[null,null,"    (4) Terms of the contract."]
[null,null,"    (5) Any limitations set forth in this subpart."]
[null,null,"    (b) Certain cost principles in this subpart incorporate the "]
[null,null,"measurement, assignment, and allocability rules of selected CAS and "]
[null,null,"limit the allowability of costs to the amounts determined using the "]
[null,null,"criteria in those selected standards. Only those CAS or portions of "]
[null,null,"standards specifically made applicable by the cost principles in this "]
[null,null,"subpart are mandatory unless the contract is CAS-covered (see 48 CFR "]
[null,null,"9903). Business units that are not otherwise subject to these standards "]
[null,null,"under a CAS clause are subject to the selected standards only for the "]
[null,null,"purpose of determining allowability of costs on Government contracts. "]
[null,null,"Including the selected standards in the cost principles does not subject "]
[null,null,"the business unit to any other CAS rules and regulations. The "]
[null,null,"applicability of the CAS rules and regulations is determined by the CAS "]
[null,null,"clause, if any, in the contract and the requirements of the standards "]
[null,null,"themselves."]
[null,null,"    (c) When contractor accounting practices are inconsistent with this "]
[null,null,"subpart 31.2, costs resulting from such inconsistent practices in excess "]
[null,null,"of the amount that would have resulted from using practices consistent "]
[null,null,"with this subpart are unallowable."]
[null,null,"    (d) A contractor is responsible for accounting for costs "]
[null,null,"appropriately and for maintaining records, including supporting "]
[null,null,"documentation, adequate to demonstrate that costs claimed have been "]
[null,null,"incurred, are allocable to the contract, and comply with applicable cost "]
[null,null,"principles in this subpart and agency supplements. The contracting "]
[null,null,"officer may disallow all or part of a claimed cost that is inadequately "]
[null,null,"supported."]
[]
[null,null,"[48 FR 42301, Sept. 19, 1983, as amended at 57 FR 39590, Aug. 31, 1992; "]
[null,null,"61 FR 31656, June 20, 1996; 69 FR 17767, Apr. 5, 2004]"]
[]
[]
[]
[null,null,"31.201-3  Determining reasonableness."]
[]
[null,null,"    (a) A cost is reasonable if, in its nature and amount, it does not "]
[null,null,"exceed that which would be incurred by a prudent person in the conduct "]
[null,null,"of competitive business. Reasonableness of specific costs must be "]
[null,null,"examined with particular care in connection with firms or their separate "]
[null,null,"divisions that may not be subject to effective competitive restraints. "]
[null,null,"No presumption of reasonableness shall be attached to the incurrence of "]
[null,null,"costs by a contractor. If an initial review of the facts results in a "]
[null,null,"challenge of a specific cost by the contracting officer or the "]
[null,null,"contracting officer's representative, the burden of proof shall be upon "]
[null,null,"the contractor to establish that such cost is reasonable."]
[null,null,"    (b) What is reasonable depends upon a variety of considerations and "]
[null,null,"circumstances, including--"]
[null,null,"    (1) Whether it is the type of cost generally recognized as ordinary "]
[null,null,"and necessary for the conduct of the contractor's business or the "]
[null,null,"contract performance;"]
[null,null,"    (2) Generally accepted sound business practices, arm's length "]
[null,null,"bargaining, and Federal and State laws and regulations;"]
[null,null,"    (3) The contractor's responsibilities to the Government, other "]
[null,null,"customers, the owners of the business, employees, and the public at "]
[null,null,"large; and"]
[null,null,"    (4) Any significant deviations from the contractor's established "]
[null,null,"practices."]
[]
[null,null,"[52 FR 19804, May 27, 1987]"]
[]
[null,null,"[[Page 696]]"]
[]
[]
[]
[null,null,"31.201-4  Determining allocability."]
[]
[null,null,"    A cost is allocable if it is assignable or chargeable to one or more "]
[null,null,"cost objectives on the basis of relative benefits received or other "]
[null,null,"equitable relationship. Subject to the foregoing, a cost is allocable to "]
[null,null,"a Government contract if it--"]
[null,null,"    (a) Is incurred specifically for the contract;"]
[null,null,"    (b) Benefits both the contract and other work, and can be "]
[null,null,"distributed to them in reasonable proportion to the benefits received; "]
[null,null,"or"]
[null,null,"    (c) Is necessary to the overall operation of the business, although "]
[null,null,"a direct relationship to any particular cost objective cannot be shown."]
[]
[]
[]
[null,null,"31.201-5  Credits."]
[]
[null,null,"    The applicable portion of any income, rebate, allowance, or other "]
[null,null,"credit relating to any allowable cost and received by or accruing to the "]
[null,null,"contractor shall be credited to the Government either as a cost "]
[null,null,"reduction or by cash refund. See 31.205-6(j)(3) for rules governing "]
[null,null,"refund or credit to the Government associated with pension adjustments "]
[null,null,"and asset reversions."]
[]
[null,null,"[48 FR 42301, Sept. 19, 1983, as amended at 54 FR 34755, Aug. 21, 1989; "]
[null,null,"63 FR 58597, Oct. 30, 1998; 72 FR 46363, Aug. 17, 2007]"]
[]
[]
[]
[null,null,"31.201-6  Accounting for unallowable costs."]
[]
[null,null,"    (a) Costs that are expressly unallowable or mutually agreed to be "]
[null,null,"unallowable, including mutually agreed to be unallowable directly "]
[null,null,"associated costs, shall be identified and excluded from any billing, "]
[null,null,"claim, or proposal applicable to a Government contract. A directly "]
[null,null,"associated cost is any cost that is generated solely as a result of "]
[null,null,"incurring another cost, and that would not have been incurred had the "]
[null,null,"other cost not been incurred. When an unallowable cost is incurred, its "]
[null,null,"directly associated costs are also unallowable."]
[null,null,"    (b) Costs that specifically become designated as unallowable or as "]
[null,null,"unallowable directly associated costs of unallowable costs as a result "]
[null,null,"of a written decision furnished by a contracting officer shall be "]
[null,null,"identified if included in or used in computing any billing, claim, or "]
[null,null,"proposal applicable to a Government contract. This identification "]
[null,null,"requirement applies also to any costs incurred for the same purpose "]
[null,null,"under like circumstances as the costs specifically identified as "]
[null,null,"unallowable under either this paragraph or paragraph (a) above."]
[null,null,"    (c)(1) The practices for accounting for and presentation of "]
[null,null,"unallowable costs must be those described in 48 CFR 9904.405, Accounting "]
[null,null,"for Unallowable Costs."]
[null,null,"    (2) Statistical sampling is an acceptable practice for contractors "]
[null,null,"to follow in accounting for and presenting unallowable costs provided "]
[null,null,"the following criteria in paragraphs (c)(2)(i), (c)(2)(ii), and "]
[null,null,"(c)(2)(iii) of this subsection are met:"]
[null,null,"    (i) The statistical sampling results in an unbiased sample that is a "]
[null,null,"reasonable representation of the sampling universe."]
[null,null,"    (ii) Any large dollar value or high risk transaction is separately "]
[null,null,"reviewed for unallowable costs and excluded from the sampling process."]
[null,null,"    (iii) The statistical sampling permits audit verification."]
[null,null,"    (3) For any indirect cost in the selected sample that is subject to "]
[null,null,"the penalty provisions at 42.709, the amount projected to the sampling "]
[null,null,"universe from that sampled cost is also subject to the same penalty "]
[null,null,"provisions."]
[null,null,"    (4) Use of statistical sampling methods for identifying and "]
[null,null,"segregating unallowable costs should be the subject of an advance "]
[null,null,"agreement under the provisions of 31.109 between the contractor and the "]
[null,null,"cognizant administrative contracting officer or Federal official. The "]
[null,null,"advance agreement should specify the basic characteristics of the "]
[null,null,"sampling process. The cognizant administrative contracting officer or "]
[null,null,"Federal official shall request input from the cognizant auditor before "]
[null,null,"entering into any such agreements."]
[null,null,"    (5) In the absence of an advance agreement, if an initial review of "]
[null,null,"the facts results in a challenge of the statistical sampling methods by "]
[null,null,"the contracting officer or the contracting officer's representative, the "]
[null,null,"burden of proof shall be on the contractor to establish that such a "]
[null,null,"method meets the criteria in paragraph (c)(2) of this subsection."]
[]
[null,null,"[[Page 697]]"]
[]
[null,null,"    (d) If a directly associated cost is included in a cost pool that is "]
[null,null,"allocated over a base that includes the unallowable cost with which it "]
[null,null,"is associated, the directly associated cost shall remain in the cost "]
[null,null,"pool. Since the unallowable costs will attract their allocable share of "]
[null,null,"costs from the cost pool, no further action is required to assure "]
[null,null,"disallowance of the directly associated costs. In all other cases, the "]
[null,null,"directly associated costs, if material in amount, must be purged from "]
[null,null,"the cost pool as unallowable costs."]
[null,null,"    (e)(1) In determining the materiality of a directly associated cost, "]
[null,null,"consideration should be given to the significance of (i) the actual "]
[null,null,"dollar amount, (ii) the cumulative effect of all directly associated "]
[null,null,"costs in a cost pool, and (iii) the ultimate effect on the cost of "]
[null,null,"Government contracts."]
[null,null,"    (2) Salary expenses of employees who participate in activities that "]
[null,null,"generate unallowable costs shall be treated as directly associated costs "]
[null,null,"to the extent of the time spent on the proscribed activity, provided the "]
[null,null,"costs are material in accordance with subparagraph (e)(1) above (except "]
[null,null,"when such salary expenses are, themselves, unallowable). The time spent "]
[null,null,"in proscribed activities should be compared to total time spent on "]
[null,null,"company activities to determine if the costs are material. Time spent by "]
[null,null,"employees outside the normal working hours should not be considered "]
[null,null,"except when it is evident that an employee engages so frequently in "]
[null,null,"company activities during periods outside normal working hours as to "]
[null,null,"indicate that such activities are a part of the employee's regular "]
[null,null,"duties."]
[null,null,"    (3) When a selected item of cost under 31.205 provides that directly "]
[null,null,"associated costs be unallowable, such directly associated costs are "]
[null,null,"unallowable only if determined to be material in amount in accordance "]
[null,null,"with the criteria provided in paragraphs (e)(1) and (e)(2) of this "]
[null,null,"subsection, except in those situations where allowance of any of the "]
[null,null,"directly associated costs involved would be considered to be contrary to "]
[null,null,"public policy."]
[]
[null,null,"[48 FR 42301, Sept. 19, 1983, as amended at 59 FR 67045, Dec. 28, 1994; "]
[null,null,"70 FR 57466, Sept. 30, 2005; 70 FR 69100, Nov. 14, 2005]"]
[]
[]
[]
[null,null,"31.201-7  Construction and architect-engineer contracts."]
[]
[null,null,"    Specific principles and procedures for evaluating and determining "]
[null,null,"costs in connection with contracts and subcontracts for construction, "]
[null,null,"and architect-engineer contracts related to construction projects, are "]
[null,null,"in 31.105. The applicability of these principles and procedures is set "]
[null,null,"forth in 31.000 and 31.100."]
[]
[]
[]
[null,null,"31.202  Direct costs."]
[]
[null,null,"    (a) No final cost objective shall have allocated to it as a direct "]
[null,null,"cost any cost, if other costs incurred for the same purpose in like "]
[null,null,"circumstances have been included in any indirect cost pool to be "]
[null,null,"allocated to that or any other final cost objective. Direct costs of the "]
[null,null,"contract shall be charged directly to the contract. All costs "]
[null,null,"specifically identified with other final cost objectives of the "]
[null,null,"contractor are direct costs of those cost objectives and are not to be "]
[null,null,"charged to the contract directly or indirectly."]
[null,null,"    (b) For reasons of practicality, the contractor may treat any direct "]
[null,null,"cost of a minor dollar amount as an indirect cost if the accounting "]
[null,null,"treatment--"]
[null,null,"    (1) Is consistently applied to all final cost objectives; and"]
[null,null,"    (2) Produces substantially the same results as treating the cost as "]
[null,null,"a direct cost."]
[]
[null,null,"[69 FR 17767, Apr. 5, 2004]"]
[]
[]
[]
[null,null,"31.203  Indirect costs."]
[]
[null,null,"    (a) For contracts subject to full CAS coverage, allocation of "]
[null,null,"indirect costs shall be based on the applicable provisions. For all "]
[null,null,"other contracts, the applicable CAS provisions in paragraphs (b) through "]
[null,null,"(h) of this section apply."]
[null,null,"    (b) After direct costs have been determined and charged directly to "]
[null,null,"the contract or other work, indirect costs are those remaining to be "]
[null,null,"allocated to intermediate or two or more final cost objectives. No final "]
[null,null,"cost objective shall have allocated to it as an indirect cost any cost, "]
[null,null,"if other costs incurred for the same purpose, in like circumstances, "]
[null,null,"have been included as a direct cost of that or any other final cost "]
[null,null,"objective."]
[null,null,"    (c) The contractor shall accumulate indirect costs by logical cost "]
[null,null,"groupings"]
[]
[null,null,"[[Page 698]]"]
[]
[null,null,"with due consideration of the reasons for incurring such costs. The "]
[null,null,"contractor shall determine each grouping so as to permit use of an "]
[null,null,"allocation base that is common to all cost objectives to which the "]
[null,null,"grouping is to be allocated. The base selected shall allocate the "]
[null,null,"grouping on the basis of the benefits accruing to intermediate and final "]
[null,null,"cost objectives. When substantially the same results can be achieved "]
[null,null,"through less precise methods, the number and composition of cost "]
[null,null,"groupings should be governed by practical considerations and should not "]
[null,null,"unduly complicate the allocation."]
[null,null,"    (d) Once an appropriate base for allocating indirect costs has been "]
[null,null,"accepted, the contractor shall not fragment the base by removing "]
[null,null,"individual elements. All items properly includable in an indirect cost "]
[null,null,"base shall bear a pro rata share of indirect costs irrespective of their "]
[null,null,"acceptance as Government contract costs. For example, when a cost input "]
[null,null,"base is used for the allocation of G&A costs, the contractor shall "]
[null,null,"include in the base all items that would properly be part of the cost "]
[null,null,"input base, whether allowable or unallowable, and these items shall bear "]
[null,null,"their pro rata share of G&A costs."]
[null,null,"    (e) The method of allocating indirect costs may require revision "]
[null,null,"when there is a significant change in the nature of the business, the "]
[null,null,"extent of subcontracting, fixed-asset improvement programs, inventories, "]
[null,null,"the volume of sales and production, manufacturing processes, the "]
[null,null,"contractor's products, or other relevant circumstances."]
[null,null,"    (f) Separate cost groupings for costs allocable to offsite locations "]
[null,null,"may be necessary to permit equitable distribution of costs on the basis "]
[null,null,"of the benefits accruing to the several cost objectives."]
[null,null,"    (g) A base period for allocating indirect costs is the cost "]
[null,null,"accounting period during which such costs are incurred and accumulated "]
[null,null,"for allocation to work performed in that period."]
[null,null,"    (1) For contracts subject to full or modified CAS coverage, the "]
[null,null,"contractor shall follow the criteria and guidance in 48 CFR 9904.406 for "]
[null,null,"selecting the cost accounting periods to be used in allocating indirect "]
[null,null,"costs."]
[null,null,"    (2) For contracts other than those subject to paragraph (g)(1) of "]
[null,null,"this section, the base period for allocating indirect costs shall be the "]
[null,null,"contractor's fiscal year used for financial reporting purposes in "]
[null,null,"accordance with generally accepted accounting principles. The fiscal "]
[null,null,"year will normally be 12 months, but a different period may be "]
[null,null,"appropriate (e.g., when a change in fiscal year occurs due to a business "]
[null,null,"combination or other circumstances)."]
[null,null,"    (h) Special care should be exercised in applying the principles of "]
[null,null,"paragraphs (c), (d), and (e) of this section when Government-owned "]
[null,null,"contractor-operated (GOCO) plants are involved. The distribution of "]
[null,null,"corporate, division or branch office G&A expenses to such plants "]
[null,null,"operating with little or no dependence on corporate administrative "]
[null,null,"activities may require more precise cost groupings, detailed accounts "]
[null,null,"screening, and carefully developed distribution bases."]
[null,null,"    (i) Indirect costs that meet the definition of ``excessive pass-"]
[null,null,"through charge'' in 52.215-23, are unallowable."]
[]
[null,null,"[69 FR 17767, Apr. 5, 2004, as amended at 74 FR 52855, Oct. 14, 2009]"]
[]
[]
[]
[null,null,"31.204  Application of principles and procedures."]
[]
[null,null,"    (a) Costs are allowable to the extent they are reasonable, "]
[null,null,"allocable, and determined to be allowable under 31.201, 31.202, 31.203, "]
[null,null,"and 31.205. These criteria apply to all of the selected items that "]
[null,null,"follow, even if particular guidance is provided for certain items for "]
[null,null,"emphasis or clarity."]
[null,null,"    (b)(1) For the following subcontract types, costs incurred as "]
[null,null,"reimbursements or payments to a subcontractor are allowable to the "]
[null,null,"extent the reimbursements or payments are for costs incurred by the "]
[null,null,"subcontractor that are consistent with this part:"]
[null,null,"    (i) Cost-reimbursement."]
[null,null,"    (ii) Fixed-price incentive."]
[null,null,"    (iii) Price redeterminable (i.e., fixed-price contracts with "]
[null,null,"prospective price redetermination and fixed-ceiling-price contracts with "]
[null,null,"retroactive price redetermination)."]
[null,null,"    (2) The requirements of paragraph (b)(1) of this section apply to "]
[null,null,"any tier above the first firm-fixed-price subcontract or fixed-price "]
[null,null,"subcontract"]
[]
[null,null,"[[Page 699]]"]
[]
[null,null,"with economic price adjustment provisions."]
[null,null,"    (c) Costs incurred as payments under firm-fixed-price subcontracts "]
[null,null,"or fixed-price subcontracts with economic price adjustment provisions or "]
[null,null,"modifications thereto, for which subcontract cost analysis was performed "]
[null,null,"are allowable if the price was negotiated in accordance with 31.102."]
[null,null,"    (d) Section 31.205 does not cover every element of cost. Failure to "]
[null,null,"include any item of cost does not imply that it is either allowable or "]
[null,null,"unallowable. The determination of allowability shall be based on the "]
[null,null,"principles and standards in this subpart and the treatment of similar or "]
[null,null,"related selected items. When more than one subsection in 31.205 is "]
[null,null,"relevant to a contractor cost, the cost shall be apportioned among the "]
[null,null,"applicable subsections, and the determination of allowability of each "]
[null,null,"portion shall be based on the guidance contained in the applicable "]
[null,null,"subsection. When a cost, to which more than one subsection in 31.205 is "]
[null,null,"relevant, cannot be apportioned, the determination of allowability shall "]
[null,null,"be based on the guidance contained in the subsection that most "]
[null,null,"specifically deals with, or best captures the essential nature of, the "]
[null,null,"cost at issue."]
[]
[null,null,"[48 FR 42301, Sept. 19, 1983, as amended at 53 FR 17858, May 18, 1988; "]
[null,null,"62 FR 51271, Sept. 30, 1997; 69 FR 34242, June 18, 2004]"]
[]
[]
[]
[null,null,"31.205  Selected costs."]
[]
[]
[]
[null,null,"31.205-1  Public relations and advertising costs."]
[]
[null,null,"    (a) Public relations means all functions and activities dedicated "]
[null,null,"to--"]
[null,null,"    (1) Maintaining, protecting, and enhancing the image of a concern or "]
[null,null,"its products; or"]
[null,null,"    (2) Maintaining or promoting reciprocal understanding and favorable "]
[null,null,"relations with the public at large, or any segment of the public. The "]
[null,null,"term public relations includes activities associated with areas such as "]
[null,null,"advertising, customer relations, etc."]
[null,null,"    (b) Advertising means the use of media to promote the sale of "]
[null,null,"products or services and to accomplish the activities referred to in "]
[null,null,"paragraph (d) of this subsection, regardless of the medium employed, "]
[null,null,"when the advertiser has control over the form and content of what will "]
[null,null,"appear, the media in which it will appear, and when it will appear. "]
[null,null,"Advertising media include but are not limited to conventions, exhibits, "]
[null,null,"free goods, samples, magazines, newspapers, trade papers, direct mail, "]
[null,null,"dealer cards, window displays, outdoor advertising, radio, and "]
[null,null,"television."]
[null,null,"    (c) Public relations and advertising costs include the costs of "]
[null,null,"media time and space, purchased services performed by outside "]
[null,null,"organizations, as well as the applicable portion of salaries, travel, "]
[null,null,"and fringe benefits of employees engaged in the functions and activities "]
[null,null,"identified in paragraphs (a) and (b) of this subsection."]
[null,null,"    (d) The only allowable advertising costs are those that are--"]
[null,null,"    (1) Specifically required by contract, or that arise from "]
[null,null,"requirements of Government contracts, and that are exclusively for--"]
[null,null,"    (i) Acquiring scarce items for contract performance; or"]
[null,null,"    (ii) Disposing of scrap or surplus materials acquired for contract "]
[null,null,"performance;"]
[null,null,"    (2) Costs of activities to promote sales of products normally sold "]
[null,null,"to the U.S. Government, including trade shows, which contain a "]
[null,null,"significant effort to promote exports from the United States. Such costs "]
[null,null,"are allowable, notwithstanding paragraphs (f)(1), (f)(3), (f)(4)(ii), "]
[null,null,"and (f)(5) of this subsection. However, such costs do not include the "]
[null,null,"costs of memorabilia (e.g., models, gifts, and souvenirs), alcoholic "]
[null,null,"beverages, entertainment, and physical facilities that are used "]
[null,null,"primarily for entertainment rather than product promotion; or"]
[null,null,"    (3) Allowable in accordance with 31.205-34."]
[null,null,"    (e) Allowable public relations costs include the following:"]
[null,null,"    (1) Costs specifically required by contract."]
[null,null,"    (2) Costs of--"]
[null,null,"    (i) Responding to inquiries on company policies and activities;"]
[null,null,"    (ii) Communicating with the public, press, stockholders, creditors, "]
[null,null,"and customers; and"]
[null,null,"    (iii) Conducting general liaison with news media and Government "]
[null,null,"public relations officers, to the extent that such"]
[]
[null,null,"[[Page 700]]"]
[]
[null,null,"activities are limited to communication and liaison necessary to keep "]
[null,null,"the public informed on matters of public concern such as notice of "]
[null,null,"contract awards, plant closings or openings, employee layoffs or "]
[null,null,"rehires, financial information, etc."]
[null,null,"    (3) Costs of participation in community service activities (e.g., "]
[null,null,"blood bank drives, charity drives, savings bond drives, disaster "]
[null,null,"assistance, etc.) (But see paragraph (f)(8) of this section.)"]
[null,null,"    (4) Costs of plant tours and open houses (but see subparagraph "]
[null,null,"(f)(5) of this subsection)."]
[null,null,"    (5) Costs of keel laying, ship launching, commissioning, and roll-"]
[null,null,"out ceremonies, to the extent specifically provided for by contract."]
[null,null,"    (f) Unallowable public relations and advertising costs include the "]
[null,null,"following:"]
[null,null,"    (1) All public relations and advertising costs, other than those "]
[null,null,"specified in paragraphs (d) and (e) of this subsection, whose primary "]
[null,null,"purpose is to promote the sale of products or services by stimulating "]
[null,null,"interest in a product or product line (except for those costs made "]
[null,null,"allowable under 31.205-38(b)(5)), or by disseminating messages calling "]
[null,null,"favorable attention to the contractor for purposes of enhancing the "]
[null,null,"company image to sell the company's products or services."]
[null,null,"    (2) All costs of trade shows and other special events which do not "]
[null,null,"contain a significant effort to promote the export sales of products "]
[null,null,"normally sold to the U.S. Government."]
[null,null,"    (3) Costs of sponsoring meetings, conventions, symposia, seminars, "]
[null,null,"and other special events when the principal purpose of the event is "]
[null,null,"other than dissemination of technical information or stimulation of "]
[null,null,"production."]
[null,null,"    (4) Costs of ceremonies such as (i) corporate celebrations and (ii) "]
[null,null,"new product announcements."]
[null,null,"    (5) Costs of promotional material, motion pictures, videotapes, "]
[null,null,"brochures, handouts, magazines, and other media that are designed to "]
[null,null,"call favorable attention to the contractor and its activities."]
[null,null,"    (6) Costs of souvenirs, models, imprinted clothing, buttons, and "]
[null,null,"other mementos provided to customers or the public."]
[null,null,"    (7) Costs of memberships in civic and community organizations."]
[null,null,"    (8) Costs associated with the donation of excess food to nonprofit "]
[null,null,"organizations in accordance with the Federal Food Donation Act of 2008 "]
[null,null,"(42 U.S.C. 1792, see subpart 26.4)."]
[]
[null,null,"[51 FR 12298, Apr. 9, 1986, as amended at 53 FR 12130, Apr. 12, 1988; 53 "]
[null,null,"FR 13274, Apr. 22, 1988; 54 FR 34755, Aug. 21, 1989; 56 FR 15153, Apr. "]
[null,null,"15, 1991; 60 FR 42660, Aug. 16, 1995; 61 FR 67423, Dec. 20, 1996; 62 FR "]
[null,null,"12704, Mar. 17, 1997; 64 FR 10547, Mar. 4, 1999; 68 FR 43872, July 24, "]
[null,null,"2003; 74 FR 11831, Mar. 19, 2009; 79 FR 24211, Apr. 29, 2014]"]
[]
[]
[]
[null,null,"31.205-2  [Reserved]"]
[]
[]
[]
[null,null,"31.205-3  Bad debts."]
[]
[null,null,"    Bad debts, including actual or estimated losses arising from "]
[null,null,"uncollectible accounts receivable due from customers and other claims, "]
[null,null,"and any directly associated costs such as collection costs, and legal "]
[null,null,"costs are unallowable."]
[]
[]
[]
[null,null,"31.205-4  Bonding costs."]
[]
[null,null,"    (a) Bonding costs arise when the Government requires assurance "]
[null,null,"against financial loss to itself or others by reason of the act or "]
[null,null,"default of the contractor. They arise also in instances where the "]
[null,null,"contractor requires similar assurance. Included are such bonds as bid, "]
[null,null,"performance, payment, advance payment, infringement, and fidelity bonds."]
[null,null,"    (b) Costs of bonding required pursuant to the terms of the contract "]
[null,null,"are allowable."]
[null,null,"    (c) Costs of bonding required by the contractor in the general "]
[null,null,"conduct of its business are allowable to the extent that such bonding is "]
[null,null,"in accordance with sound business practice and the rates and premiums "]
[null,null,"are reasonable under the circumstances."]
[]
[]
[]
[null,null,"31.205-5  [Reserved]"]
[]
[]
[]
[null,null,"31.205-6  Compensation for personal services."]
[]
[null,null,"    (a) General. Compensation for personal services is allowable subject "]
[null,null,"to the following general criteria and additional requirements contained "]
[null,null,"in other parts of this cost principle:"]
[null,null,"    (1) Compensation for personal services must be for work performed by "]
[null,null,"the"]
[]
[null,null,"[[Page 701]]"]
[]
[null,null,"employee in the current year and must not represent a retroactive "]
[null,null,"adjustment of prior years' salaries or wages (but see paragraphs (g), "]
[null,null,"(h), (j), (k), (m), and (o) of this subsection)."]
[null,null,"    (2) The total compensation for individual employees or job classes "]
[null,null,"of employees must be reasonable for the work performed; however, "]
[null,null,"specific restrictions on individual compensation elements apply when "]
[null,null,"prescribed."]
[null,null,"    (3) The compensation must be based upon and conform to the terms and "]
[null,null,"conditions of the contractor's established compensation plan or practice "]
[null,null,"followed so consistently as to imply, in effect, an agreement to make "]
[null,null,"the payment."]
[null,null,"    (4) No presumption of allowability will exist where the contractor "]
[null,null,"introduces major revisions of existing compensation plans or new plans "]
[null,null,"and the contractor has not provided the cognizant ACO, either before "]
[null,null,"implementation or within a reasonable period after it, an opportunity to "]
[null,null,"review the allowability of the changes."]
[null,null,"    (5) Costs that are unallowable under other paragraphs of this "]
[null,null,"Subpart 31.2 are not allowable under this subsection 31.205-6 solely on "]
[null,null,"the basis that they constitute compensation for personal services."]
[null,null,"    (6)(i) Compensation costs for certain individuals give rise to the "]
[null,null,"need for special consideration. Such individuals include:"]
[null,null,"    (A) Owners of closely held corporations, members of limited "]
[null,null,"liability companies, partners, sole proprietors, or members of their "]
[null,null,"immediate families; and"]
[null,null,"    (B) Persons who are contractually committed to acquire a substantial "]
[null,null,"financial interest in the contractor's enterprise."]
[null,null,"    (ii) For these individuals, compensation must--"]
[null,null,"    (A) Be reasonable for the personal services rendered; and"]
[null,null,"    (B) Not be a distribution of profits (which is not an allowable "]
[null,null,"contract cost)."]
[null,null,"    (iii) For owners of closely held companies, compensation in excess "]
[null,null,"of the costs that are deductible as compensation under the Internal "]
[null,null,"Revenue Code (26 U.S.C.) and regulations under it is unallowable."]
[null,null,"    (b) Reasonableness--(1) Compensation pursuant to labor-management "]
[null,null,"agreements. If costs of compensation established under ``arm's length'' "]
[null,null,"labor-management agreements negotiated under the terms of the Federal "]
[null,null,"Labor Relations Act or similar state statutes are otherwise allowable, "]
[null,null,"the costs are reasonable unless, as applied to work in performing "]
[null,null,"Government contracts, the costs are unwarranted by the character and "]
[null,null,"circumstances of the work or discriminatory against the Government. The "]
[null,null,"application of the provisions of a labor-management agreement designed "]
[null,null,"to apply to a given set of circumstances and conditions of employment "]
[null,null,"(e.g., work involving extremely hazardous activities or work not "]
[null,null,"requiring recurrent use of overtime) is unwarranted when applied to a "]
[null,null,"Government contract involving significantly different circumstances and "]
[null,null,"conditions of employment (e.g., work involving less hazardous activities "]
[null,null,"or work continually requiring use of overtime). It is discriminatory "]
[null,null,"against the Government if it results in employee compensation (in "]
[null,null,"whatever form or name) in excess of that being paid for similar non-"]
[null,null,"Government work under comparable circumstances."]
[null,null,"    (2) Compensation not covered by labor-management agreements. "]
[null,null,"Compensation for each employee or job class of employees must be "]
[null,null,"reasonable for the work performed. Compensation is reasonable if the "]
[null,null,"aggregate of each measurable and allowable element sums to a reasonable "]
[null,null,"total. In determining the reasonableness of total compensation, consider "]
[null,null,"only allowable individual elements of compensation. In addition to the "]
[null,null,"provisions of 31.201-3, in testing the reasonableness of compensation "]
[null,null,"for particular employees or job classes of employees, consider factors "]
[null,null,"determined to be relevant by the contracting officer. Factors that may "]
[null,null,"be relevant include, but are not limited to, conformity with "]
[null,null,"compensation practices of other firms--"]
[null,null,"    (i) Of the same size;"]
[null,null,"    (ii) In the same industry;"]
[null,null,"    (iii) In the same geographic area; and"]
[null,null,"    (iv) Engaged in similar non-Government work under comparable "]
[null,null,"circumstances."]
[null,null,"    (c) [Reserved]"]
[]
[null,null,"[[Page 702]]"]
[]
[null,null,"    (d) Form of payment. (1) Compensation for personal services includes "]
[null,null,"compensation paid or to be paid in the future to employees in the form "]
[null,null,"of--"]
[null,null,"    (i) Cash;"]
[null,null,"    (ii) Corporate securities, such as stocks, bonds, and other "]
[null,null,"financial instruments (see paragraph (d)(2) of this subsection regarding "]
[null,null,"valuation); or"]
[null,null,"    (iii) Other assets, products, or services."]
[null,null,"    (2) When compensation is paid with securities of the contractor or "]
[null,null,"of an affiliate, the following additional restrictions apply:"]
[null,null,"    (i) Valuation placed on the securities is the fair market value on "]
[null,null,"the first date the number of shares awarded is known, determined upon "]
[null,null,"the most objective basis available."]
[null,null,"    (ii) Accruals for the cost of securities before issuing the "]
[null,null,"securities to the employees are subject to adjustment according to the "]
[null,null,"possibilities that the employees will not receive the securities and "]
[null,null,"that their interest in the accruals will be forfeited."]
[null,null,"    (e) Income tax differential pay. (1) Differential allowances for "]
[null,null,"additional income taxes resulting from foreign assignments are "]
[null,null,"allowable."]
[null,null,"    (2) Differential allowances for additional income taxes resulting "]
[null,null,"from domestic assignments are unallowable. (However, payments for "]
[null,null,"increased employee income or Federal Insurance Contributions Act taxes "]
[null,null,"incident to allowable reimbursed relocation costs are allowable under "]
[null,null,"31.205-35(a)(10).)"]
[null,null,"    (f) Bonuses and incentive compensation. (1) Bonuses and incentive "]
[null,null,"compensation are allowable provided the--"]
[null,null,"    (i) Awards are paid or accrued under an agreement entered into in "]
[null,null,"good faith between the contractor and the employees before the services "]
[null,null,"are rendered or pursuant to an established plan or policy followed by "]
[null,null,"the contractor so consistently as to imply, in effect, an agreement to "]
[null,null,"make such payment; and"]
[null,null,"    (ii) Basis for the award is supported."]
[null,null,"    (2) When the bonus and incentive compensation payments are deferred, "]
[null,null,"the costs are subject to the requirements of paragraphs (f)(1) and (k) "]
[null,null,"of this subsection."]
[null,null,"    (g) Severance pay. (1) Severance pay is a payment in addition to "]
[null,null,"regular salaries and wages by contractors to workers whose employment is "]
[null,null,"being involuntarily terminated. Payments for early retirement incentive "]
[null,null,"plans are covered in paragraph (j)(6) of this subsection."]
[null,null,"    (2) Severance pay is allowable only to the extent that, in each "]
[null,null,"case, it is required by--"]
[null,null,"    (i) Law;"]
[null,null,"    (ii) Employer-employee agreement;"]
[null,null,"    (iii) Established policy that constitutes, in effect, an implied "]
[null,null,"agreement on the contractor's part; or"]
[null,null,"    (iv) Circumstances of the particular employment."]
[null,null,"    (3) Payments made in the event of employment with a replacement "]
[null,null,"contractor where continuity of employment with credit for prior length "]
[null,null,"of service is preserved under substantially equal conditions of "]
[null,null,"employment, or continued employment by the contractor at another "]
[null,null,"facility, subsidiary, affiliate, or parent company of the contractor are "]
[null,null,"not severance pay and are unallowable."]
[null,null,"    (4) Actual normal turnover severance payments shall be allocated to "]
[null,null,"all work performed in the contractor's plant. However, if the contractor "]
[null,null,"uses the accrual method to account for normal turnover severance "]
[null,null,"payments, that method will be acceptable if the amount of the accrual "]
[null,null,"is--"]
[null,null,"    (i) Reasonable in light of payments actually made for normal "]
[null,null,"severances over a representative past period; and"]
[null,null,"    (ii) Allocated to all work performed in the contractor's plant."]
[null,null,"    (5) Abnormal or mass severance pay is of such a conjectural nature "]
[null,null,"that accruals for this purpose are not allowable. However, the "]
[null,null,"Government recognizes its obligation to participate, to the extent of "]
[null,null,"its fair share, in any specific payment. Thus, the Government will "]
[null,null,"consider allowability on a case-by-case basis."]
[null,null,"    (6) Under 10 U.S.C. 2324(e)(1)(M) and 41 U.S.C. 4304(a)(13), the "]
[null,null,"costs of severance payments to foreign nationals employed under a "]
[null,null,"service contract performed outside the United States are unallowable to "]
[null,null,"the extent that such payments exceed amounts typically paid to employees "]
[null,null,"providing similar services in the same industry in the United States. "]
[null,null,"Further, under 10 U.S.C."]
[]
[null,null,"[[Page 703]]"]
[]
[null,null,"2324(e)(1)(N) and 41 U.S.C. 4304(a)(14), all such costs of severance "]
[null,null,"payments that are otherwise allowable are unallowable if the termination "]
[null,null,"of employment of the foreign national is the result of the closing of, "]
[null,null,"or the curtailment of activities at, a United States facility in that "]
[null,null,"country at the request of the government of that country; this does not "]
[null,null,"apply if the closing of a facility or curtailment of activities is made "]
[null,null,"pursuant to a status-of-forces or other country-to-country agreement "]
[null,null,"entered into with the government of that country before November 29, "]
[null,null,"1989. 10 U.S.C. 2324(e)(3) and 41 U.S.C. 4304(b) permit the head of the "]
[null,null,"agency to waive these cost allowability limitations under certain "]
[null,null,"circumstances (see 37.113 and the solicitation provision at 52.237-8)."]
[null,null,"    (h) Backpay. Backpay is a retroactive adjustment of prior years' "]
[null,null,"salaries or wages. Backpay is unallowable except as follows:"]
[null,null,"    (1) Payments to employees resulting from underpaid work actually "]
[null,null,"performed are allowable, if required by a negotiated settlement, order, "]
[null,null,"or court decree."]
[null,null,"    (2) Payments to union employees for the difference in their past and "]
[null,null,"current wage rates for working without a contract or labor agreement "]
[null,null,"during labor management negotiation are allowable."]
[null,null,"    (3) Payments to nonunion employees based upon results of union "]
[null,null,"agreement negotiation are allowable only if--"]
[null,null,"    (i) A formal agreement or understanding exists between management "]
[null,null,"and the employees concerning these payments; or"]
[null,null,"    (ii) An established policy or practice exists and is followed by the "]
[null,null,"contractor so consistently as to imply, in effect, an agreement to make "]
[null,null,"such payments."]
[null,null,"    (i) Compensation based on changes in the prices of corporate "]
[null,null,"securities or corporate security ownership, such as stock options, stock "]
[null,null,"appreciation rights, phantom stock plans, and junior stock conversions."]
[null,null,"    (1) Any compensation which is calculated, or valued, based on "]
[null,null,"changes in the price of corporate securities is unallowable."]
[null,null,"    (2) Any compensation represented by dividend payments or which is "]
[null,null,"calculated based on dividend payments is unallowable."]
[null,null,"    (3) If a contractor pays an employee in lieu of the employee "]
[null,null,"receiving or exercising a right, option, or benefit which would have "]
[null,null,"been unallowable under this paragraph (i), such payments are also "]
[null,null,"unallowable."]
[null,null,"    (j) Pension costs. (1) Pension plans are normally segregated into "]
[null,null,"two types of plans: defined-benefit and defined-contribution pension "]
[null,null,"plans. The contractor shall measure, assign, and allocate the costs of "]
[null,null,"all defined-benefit pension plans and the costs of all defined-"]
[null,null,"contribution pension plans in compliance with 48 CFR 9904.412--Cost "]
[null,null,"Accounting Standard for Composition and Measurement of Pension Cost, and "]
[null,null,"48 CFR 9904.413--Adjustment and Allocation of Pension Cost. Pension "]
[null,null,"costs are allowable subject to the referenced standards and the cost "]
[null,null,"limitations and exclusions set forth in paragraph (j)(1)(i) and in "]
[null,null,"paragraphs (j)(2) through (j)(6) of this subsection."]
[null,null,"    (i) Except for nonqualified pension plans using the pay-as-you-go "]
[null,null,"cost method, to be allowable in the current year, the contractor shall "]
[null,null,"fund pension costs by the time set for filing of the Federal income tax "]
[null,null,"return or any extension. Pension costs assigned to the current year, but "]
[null,null,"not funded by the tax return time, are not allowable in any subsequent "]
[null,null,"year. For nonqualified pension plans using the pay-as-you-go method, to "]
[null,null,"be allowable in the current year, the contractor shall allocate pension "]
[null,null,"costs in the cost accounting period that the pension costs are assigned."]
[null,null,"    (ii) Pension payments must be paid pursuant to an agreement entered "]
[null,null,"into in good faith between the contractor and employees before the work "]
[null,null,"or services are performed and to the terms and conditions of the "]
[null,null,"established plan. The cost of changes in pension plans are not allowable "]
[null,null,"if the changes are discriminatory to the Government or are not intended "]
[null,null,"to be applied consistently for all employees under similar circumstances "]
[null,null,"in the future."]
[null,null,"    (iii) Except as provided for early retirement benefits in paragraph "]
[null,null,"(j)(6) of this subsection, one-time-only pension supplements not "]
[null,null,"available to all participants of the basic plan are not allowable as "]
[null,null,"pension costs, unless the"]
[]
[null,null,"[[Page 704]]"]
[]
[null,null,"supplemental benefits represent a separate pension plan and the benefits "]
[null,null,"are payable for life at the option of the employee."]
[null,null,"    (iv) Increases in payments to previously retired plan participants "]
[null,null,"covering cost-of-living adjustments are allowable if paid in accordance "]
[null,null,"with a policy or practice consistently followed."]
[null,null,"    (2) Defined-benefit pension plans. The cost limitations and "]
[null,null,"exclusions pertaining to defined-benefit plans are as follows:"]
[null,null,"    (i)(A) Except for nonqualified pension plans, pension costs (see 48 "]
[null,null,"CFR 9904.412-40(a)(1)) assigned to the current accounting period, but "]
[null,null,"not funded during it, are not allowable in subsequent years (except that "]
[null,null,"a payment made to a fund by the time set for filing the Federal income "]
[null,null,"tax return or any extension thereof is considered to have been made "]
[null,null,"during such taxable year). However, any portion of pension cost computed "]
[null,null,"for a cost accounting period, that exceeds the amount required to be "]
[null,null,"funded pursuant to a waiver granted under the provisions of the Employee "]
[null,null,"Retirement Income Security Act of 1974 (ERISA), will be allowable in "]
[null,null,"those future accounting periods in which the funding of such excess "]
[null,null,"amounts occurs (see 48 CFR 9904.412-50(c)(5))."]
[null,null,"    (B) For nonqualified pension plans, except those using the pay-as-"]
[null,null,"you-go cost method, allowable costs are limited to the amount allocable "]
[null,null,"in accordance with 48 CFR 9904.412-50(d)(2)."]
[null,null,"    (C) For nonqualified pension plans using the pay-as-you-go cost "]
[null,null,"method, allowable costs are limited to the amounts allocable in "]
[null,null,"accordance with 48 CFR 9904.412-50(d)(3)."]
[null,null,"    (ii) Any amount funded in excess of the pension cost assigned to a "]
[null,null,"cost accounting period is not allowable in that period and shall be "]
[null,null,"accounted for as set forth at 48 CFR 9904.412-50(a)(4). The excess "]
[null,null,"amount is allowable in the future period to which it is assigned, to the "]
[null,null,"extent it is not otherwise unallowable."]
[null,null,"    (iii) Increased pension costs are unallowable if the increase is "]
[null,null,"caused by a delay in funding beyond 30 days after each quarter of the "]
[null,null,"year to which they are assignable. If a composite rate is used for "]
[null,null,"allocating pension costs between the segments of a company and if, "]
[null,null,"because of differences in the timing of the funding by the segments, an "]
[null,null,"inequity exists, allowable pension costs for each segment will be "]
[null,null,"limited to that particular segment's calculation of pension costs as "]
[null,null,"provided for in 48 CFR 9904.413-50(c). The contractor shall make "]
[null,null,"determinations of unallowable costs in accordance with the actuarial "]
[null,null,"method used in calculating pension costs."]
[null,null,"    (iv) The contracting officer will consider the allowability of the "]
[null,null,"cost of indemnifying the Pension Benefit Guaranty Corporation (PBGC) "]
[null,null,"under ERISA section 4062 or 4064 arising from terminating an employee "]
[null,null,"deferred compensation plan on a case-by-case basis, provided that if "]
[null,null,"insurance was required by the PBGC under ERISA section 4023, it was so "]
[null,null,"obtained and the indemnification payment is not recoverable under the "]
[null,null,"insurance. Consideration under the foregoing circumstances will be "]
[null,null,"primarily for the purpose of appraising the extent to which the "]
[null,null,"indemnification payment is allocable to Government work. If a beneficial "]
[null,null,"or other equitable relationship exists, the Government will participate, "]
[null,null,"despite the requirements of 31.205-19(c)(3) and (d)(3), in the "]
[null,null,"indemnification payment to the extent of its fair share."]
[null,null,"    (v) Increased pension costs resulting from the withdrawal of assets "]
[null,null,"from a pension fund and transfer to another employee benefit plan fund, "]
[null,null,"or transfer of assets to another account within the same fund, are "]
[null,null,"unallowable except to the extent authorized by an advance agreement. If "]
[null,null,"the withdrawal of assets from a pension fund is a plan termination under "]
[null,null,"ERISA, the provisions of paragraph (j)(3) of this subsection apply. The "]
[null,null,"advance agreement shall--"]
[null,null,"    (A) State the amount of the Government's equitable share in the "]
[null,null,"gross amount withdrawn or transferred; and"]
[null,null,"    (B) Provide that the Government receives a credit equal to the "]
[null,null,"amount of the Government's equitable share of the gross withdrawal or "]
[null,null,"transfer."]
[null,null,"    (3) Pension adjustments and asset reversions. (i) For segment "]
[null,null,"closings, pension plan terminations, or curtailment of benefits, the "]
[null,null,"amount of the adjustment shall be--"]
[]
[null,null,"[[Page 705]]"]
[]
[null,null,"    (A) For contracts and subcontracts that are subject to full coverage "]
[null,null,"under the Cost Accounting Standards (CAS) Board rules and regulations, "]
[null,null,"the amount measured, assigned, and allocated in accordance with 48 CFR "]
[null,null,"9904.413-50(c)(12); and"]
[null,null,"    (B) For contracts and subcontracts that are not subject to full "]
[null,null,"coverage under the CAS, the amount measured, assigned, and allocated in "]
[null,null,"accordance with 48 CFR 9904.413-50(c)(12), except the numerator of the "]
[null,null,"fraction at 48 CFR 9904.413-50(c)(12)(vi) is the sum of the pension plan "]
[null,null,"costs allocated to all non-CAS-covered contracts and subcontracts that "]
[null,null,"are subject to Subpart 31.2 or for which certified cost or pricing data "]
[null,null,"were submitted."]
[null,null,"    (ii) For all other situations where assets revert to the contractor, "]
[null,null,"or such assets are constructively received by it for any reason, the "]
[null,null,"contractor shall, at the Government's option, make a refund or give a "]
[null,null,"credit to the Government for its equitable share of the gross amount "]
[null,null,"withdrawn. The Government's equitable share shall reflect the "]
[null,null,"Government's participation in pension costs through those contracts for "]
[null,null,"which certified cost or pricing data were submitted or that are subject "]
[null,null,"to Subpart 31.2. Excise taxes on pension plan asset reversions or "]
[null,null,"withdrawals under this paragraph (j)(3)(ii) are unallowable in "]
[null,null,"accordance with 31.205-41(b)(6)."]
[null,null,"    (4) Defined-contribution pension plans. In addition to defined-"]
[null,null,"contribution pension plans, this paragraph also covers profit sharing, "]
[null,null,"savings plans, and other such plans, provided the plans fall within the "]
[null,null,"definition of a pension plan at 31.001."]
[null,null,"    (i) Allowable pension cost is limited to the net contribution "]
[null,null,"required to be made for a cost accounting period after taking into "]
[null,null,"account dividends and other credits, where applicable. However, any "]
[null,null,"portion of pension cost computed for a cost accounting period that "]
[null,null,"exceeds the amount required to be funded pursuant to a waiver granted "]
[null,null,"under the provisions of ERISA will be allowable in those future "]
[null,null,"accounting periods in which the funding of such excess amounts occurs "]
[null,null,"(see 48 CFR 9904.412-50(c)(5))."]
[null,null,"    (ii) The provisions of paragraphs (j)(2)(ii) and (iv) of this "]
[null,null,"subsection apply to defined-contribution plans."]
[null,null,"    (5) Pension plans using the pay-as-you-go cost method. When using "]
[null,null,"the pay-as-you-go cost method, the contractor shall measure, assign, and "]
[null,null,"allocate the cost of pension plans in accordance with 48 CFR 9904.412 "]
[null,null,"and 9904.413. Pension costs for a pension plan using the pay-as-you-go "]
[null,null,"cost method are allowable to the extent they are not otherwise "]
[null,null,"unallowable."]
[null,null,"    (6) Early retirement incentives. An early retirement incentive is an "]
[null,null,"incentive given to an employee to retire early. For contract costing "]
[null,null,"purposes, costs of early retirement incentives are allowable subject to "]
[null,null,"the pension cost criteria contained in paragraphs (j)(2)(i) through (iv) "]
[null,null,"of this subsection provided--"]
[null,null,"    (i) The contractor measures, assigns, and allocates the costs in "]
[null,null,"accordance with the contractor's accounting practices for pension costs;"]
[null,null,"    (ii) The incentives are in accordance with the terms and conditions "]
[null,null,"of an early retirement incentive plan;"]
[null,null,"    (iii) The contractor applies the plan only to active employees. The "]
[null,null,"cost of extending the plan to employees who retired or were terminated "]
[null,null,"before the adoption of the plan is unallowable; and"]
[null,null,"    (iv) The present value of the total incentives given to any employee "]
[null,null,"in excess of the amount of the employee's annual salary for the previous "]
[null,null,"fiscal year before the employee's retirement is unallowable. The "]
[null,null,"contractor shall compute the present value in accordance with its "]
[null,null,"accounting practices for pension costs. The contractor shall account for "]
[null,null,"any unallowable costs in accordance with 48 CFR 9904.412-50(a)(2)."]
[null,null,"    (k) Deferred compensation other than pensions. The costs of deferred "]
[null,null,"compensation awards are allowable subject to the following limitations:"]
[null,null,"    (1) The costs shall be measured, assigned, and allocated in "]
[null,null,"accordance with 48 CFR 9904.415, Accounting for the Cost of Deferred "]
[null,null,"Compensation."]
[null,null,"    (2) The costs of deferred compensation awards are unallowable if the "]
[null,null,"awards are made in periods subsequent to the period when the work being "]
[null,null,"remunerated was performed."]
[]
[null,null,"[[Page 706]]"]
[]
[null,null,"    (l) Compensation incidental to business acquisitions. The following "]
[null,null,"costs are unallowable:"]
[null,null,"    (1) Payments to employees under agreements in which they receive "]
[null,null,"special compensation, in excess of the contractor's normal severance pay "]
[null,null,"practice, if their employment terminates following a change in the "]
[null,null,"management control over, or ownership of, the contractor or a "]
[null,null,"substantial portion of its assets."]
[null,null,"    (2) Payments to employees under plans introduced in connection with "]
[null,null,"a change (whether actual or prospective) in the management control over, "]
[null,null,"or ownership of, the contractor or a substantial portion of its assets "]
[null,null,"in which those employees receive special compensation, which is "]
[null,null,"contingent upon the employee remaining with the contractor for a "]
[null,null,"specified period of time."]
[null,null,"    (m) Fringe benefits. (1) Fringe benefits are allowances and services "]
[null,null,"provided by the contractor to its employees as compensation in addition "]
[null,null,"to regular wages and salaries. Fringe benefits include, but are not "]
[null,null,"limited to, the cost of vacations, sick leave, holidays, military leave, "]
[null,null,"employee insurance, and supplemental unemployment benefit plans. Except "]
[null,null,"as provided otherwise in subpart 31.2, the costs of fringe benefit are "]
[null,null,"allowable to the extent that they are reasonable and are required by "]
[null,null,"law, employer-employee agreement, or an established policy of the "]
[null,null,"contractor."]
[null,null,"    (2) That portion of the cost of company-furnished automobiles that "]
[null,null,"relates to personal use by employees (including transportation to and "]
[null,null,"from work) is unallowable regardless of whether the cost is reported as "]
[null,null,"taxable income to the employees (see 31.205-46(d))."]
[null,null,"    (n) Employee rebate and purchase discount plans. Rebates and "]
[null,null,"purchase discounts, in whatever form, granted to employees on products "]
[null,null,"or services produced by the contractor or affiliates are unallowable."]
[null,null,"    (o) Postretirement benefits other than pensions (PRB). (1) PRB "]
[null,null,"covers all benefits, other than cash benefits and life insurance "]
[null,null,"benefits paid by pension plans, provided to employees, their "]
[null,null,"beneficiaries, and covered dependents during the period following the "]
[null,null,"employees' retirement. Benefits encompassed include, but are not limited "]
[null,null,"to, postretirement health care; life insurance provided outside a "]
[null,null,"pension plan; and other welfare benefits such as tuition assistance, day "]
[null,null,"care, legal services, and housing subsidies provided after retirement."]
[null,null,"    (2) To be allowable, PRB costs shall be incurred pursuant to law, "]
[null,null,"employer-employee agreement, or an established policy of the contractor, "]
[null,null,"and shall comply with paragraphs (o)(2)(i), (ii), or (iii) of this "]
[null,null,"subsection."]
[null,null,"    (i) Pay-as-you-go. PRB costs are not accrued during the working "]
[null,null,"lives of employees. Costs are assigned to the period in which--"]
[null,null,"    (A) Benefits are actually provided; or"]
[null,null,"    (B) The costs are paid to an insurer, provider, or other recipient "]
[null,null,"for current year benefits or premiums."]
[null,null,"    (ii) Terminal funding. PRB costs are not accrued during the working "]
[null,null,"lives of the employees."]
[null,null,"    (A) Terminal funding occurs when the entire PRB liability is paid in "]
[null,null,"a lump sum upon the termination of employees (or upon conversion to such "]
[null,null,"a terminal-funded plan) to an insurer or trustee to establish and "]
[null,null,"maintain a fund or reserve for the sole purpose of providing PRB to "]
[null,null,"retirees."]
[null,null,"    (B) Terminal funded costs shall be amortized over a period of 15 "]
[null,null,"years."]
[null,null,"    (iii) Accrual basis. PRB costs are accrued during the working lives "]
[null,null,"of employees. Accrued PRB costs shall comply with the following:"]
[null,null,"    (A) Be measured and assigned in accordance with one of the following "]
[null,null,"two methods described under paragraphs (o)(2)(iii)(A)(1) or "]
[null,null,"(o)(2)(iii)(A)(2) of this subsection:"]
[null,null,"    (1) Generally accepted accounting principles. However, transitions "]
[null,null,"from the pay-as-you-go method to the accrual accounting method must be "]
[null,null,"handled according to paragraphs (o)(2)(iii)(A)(1)(i) through (iii) of "]
[null,null,"this subsection."]
[null,null,"    (i) In the year of transition from the pay-as-you-go method to "]
[null,null,"accrual accounting for purposes of Government contract cost accounting, "]
[null,null,"the transition obligation shall be the excess of the accumulated PRB "]
[null,null,"obligation over the fair value of plan assets determined in accordance "]
[null,null,"with subparagraph (o)(2)(iii)(E) of this section; the fair"]
[]
[null,null,"[[Page 707]]"]
[]
[null,null,"value must be reduced by the prepayment credit as determined in "]
[null,null,"accordance with subparagraph (o)(2)(iii)(F) of this subsection."]
[null,null,"    (ii) PRB cost attributable to the transition obligation assigned to "]
[null,null,"the current year that is in excess of the amount assignable to "]
[null,null,"accounting periods on the basis of a straight line amortization of the "]
[null,null,"transition obligation over the average remaining working lives of active "]
[null,null,"employees covered by the PRB plan or a 20-year period, whichever period "]
[null,null,"is longer, is unallowable. However, if the plan is comprised of inactive "]
[null,null,"participants only, the PRB cost attributable to the transition "]
[null,null,"obligation assigned to the current year that is in excess of the amount "]
[null,null,"assignable to accounting periods on a straight line amortization of the "]
[null,null,"transition obligation over the average future life expectancy of the "]
[null,null,"participants is unallowable."]
[null,null,"    (iii) For a plan that transitioned from pay-as-you-go to accrual "]
[null,null,"accounting for Government contract cost accounting prior to July 22, "]
[null,null,"2013, the unallowable amount of PRB cost attributable to the transition "]
[null,null,"obligation amortization shall continue to be based on the cost principle "]
[null,null,"in effect at the time of the transition until the original transition "]
[null,null,"obligation schedule is fully amortized."]
[null,null,"    (2) Contributions to a welfare benefit fund determined in accordance "]
[null,null,"with applicable Internal Revenue Code. Allowable PRB costs based on such "]
[null,null,"contributions shall--"]
[null,null,"    (i) Be measured using reasonable actuarial assumptions, which shall "]
[null,null,"include a health care inflation assumption unless prohibited by the "]
[null,null,"Internal Revenue Code provisions governing welfare benefit funds;"]
[null,null,"    (ii) Be assigned to accounting periods on the basis of the average "]
[null,null,"working lives of active employees covered by the PRB plan or a 15 year "]
[null,null,"period, whichever period is longer. However, if the plan is comprised of "]
[null,null,"inactive participants only, the cost shall be spread over the average "]
[null,null,"future life expectancy of the participants; and"]
[null,null,"    (iii) Exclude Federal income taxes, whether incurred by the fund or "]
[null,null,"the contractor (including any increase in PRB costs associated with such "]
[null,null,"taxes), unless the fund holding the plan assets is tax-exempt under the "]
[null,null,"provisions of 26 U.S.C 501(c)."]
[null,null,"    (B) Be paid to an insurer or trustee to establish and maintain a "]
[null,null,"fund or reserve for the sole purpose of providing PRB to retirees. The "]
[null,null,"assets shall be segregated in the trust, or otherwise effectively "]
[null,null,"restricted, so that they cannot be used by the employer for other "]
[null,null,"purposes."]
[null,null,"    (C) Be calculated in accordance with generally accepted actuarial "]
[null,null,"principles and practices as promulgated by the Actuarial Standards "]
[null,null,"Board."]
[null,null,"    (D) Eliminate from costs of current and future periods the "]
[null,null,"accumulated value of any prior period costs that were unallowable in "]
[null,null,"accordance with paragraph (o)(3) of this section, adjusted for interest "]
[null,null,"under paragraph (o)(4) of this section."]
[null,null,"    (E) Calculate the unfunded actuarial liability (unfunded accumulated "]
[null,null,"postretirement benefit obligation) using the market (fair) value of "]
[null,null,"assets that have been accumulated by funding costs assigned to prior "]
[null,null,"periods for contract accounting purposes."]
[null,null,"    (F) Recognize as a prepayment credit the market (fair) value of "]
[null,null,"assets that were accumulated by deposits or contributions that were not "]
[null,null,"used to fund costs assigned to previous periods for contract accounting "]
[null,null,"purposes."]
[null,null,"    (G) Comply with the following when changing from one accrual "]
[null,null,"accounting method to another: the contractor shall--"]
[null,null,"    (1) Treat the change in the unfunded actuarial liability (unfunded "]
[null,null,"accumulated postretirement benefit obligation) as a gain or loss; and"]
[null,null,"    (2) Present an analysis demonstrating that all costs assigned to "]
[null,null,"prior periods have been accounted for in accordance with paragraphs "]
[null,null,"(o)(2)(iii)(D), (E), and (F) of this section to ensure that no duplicate "]
[null,null,"recovery of costs exists. Any duplicate recovery of costs due to the "]
[null,null,"change from one method to another is unallowable. The analysis and new "]
[null,null,"accrual accounting method may be a subject appropriate for an advance "]
[null,null,"agreement in accordance with 31.109."]
[null,null,"    (3) To be allowable, PRB costs must be funded by the time set for "]
[null,null,"filing the"]
[]
[null,null,"[[Page 708]]"]
[]
[null,null,"Federal income tax return or any extension thereof, or paid to an "]
[null,null,"insurer, provider, or other recipient by the time set for filing the "]
[null,null,"Federal income tax return or extension thereof. PRB costs assigned to "]
[null,null,"the current year, but not funded, paid or otherwise liquidated by the "]
[null,null,"tax return due date as extended are not allowable in any subsequent "]
[null,null,"year."]
[null,null,"    (4) Increased PRB costs caused by delay in funding beyond 30 days "]
[null,null,"after each quarter of the year to which they are assignable are "]
[null,null,"unallowable."]
[null,null,"    (5) The Government shall receive an equitable share of any amount of "]
[null,null,"previously funded PRB costs which revert or inure to the contractor. "]
[null,null,"Such equitable share shall reflect the Government's previous "]
[null,null,"participation in PRB costs through those contracts for which certified "]
[null,null,"cost or pricing data were required or which were subject to Subpart "]
[null,null,"31.2."]
[null,null,"    (p) Limitation on allowability of compensation. (1) Senior executive "]
[null,null,"compensation limit for contracts awarded before June 24, 2014. (i) "]
[null,null,"Applicability. This paragraph (p)(1) applies to the following:"]
[null,null,"    (A) To all executive agencies, other than DoD, NASA, and the Coast "]
[null,null,"Guard, for contracts awarded before June 24, 2014;"]
[null,null,"    (B) To DoD, NASA, and the Coast Guard for contracts awarded before "]
[null,null,"December 31, 2011;"]
[null,null,"    (ii) Costs incurred after January 1, 1998. Costs incurred after "]
[null,null,"January 1, 1998 for the compensation of a senior executive in excess of "]
[null,null,"the benchmark compensation amount determined applicable for the "]
[null,null,"contractor fiscal year by the Administrator, Office of Federal "]
[null,null,"Procurement Policy (OFPP), under 41 U.S.C 1127 as in effect prior to "]
[null,null,"June 24, 2014, are unallowable (10 U.S.C. 2324(e)(1)(P) and 41 U.S.C "]
[null,null,"4304(a)(16), as in effect prior to June 24, 2014). This limitation is "]
[null,null,"the sole statutory limitation on allowable senior executive compensation "]
[null,null,"costs incurred after January 1, 1998, under contracts awarded before "]
[null,null,"June 24, 2014, and applies whether or not the affected contracts were "]
[null,null,"previously subject to a statutory limitation on such costs. (Note that "]
[null,null,"pursuant to section 804 of Pub. L. 105-261, the definition of ``senior "]
[null,null,"executive'' in paragraph (p)(4) has been changed for compensation costs "]
[null,null,"incurred after January 1, 1999.)"]
[null,null,"    (2) All employee compensation limit for contracts awarded before "]
[null,null,"June 24, 2014. (i) Applicability. This paragraph (p)(2) applies to DOD, "]
[null,null,"NASA, and the Coast Guard for contracts awarded on or after December 31, "]
[null,null,"2011 and before June 24, 2014;"]
[null,null,"    (ii) Costs incurred after January 1, 2012. Costs incurred after "]
[null,null,"January 1, 2012, for the compensation of any contractor employee in "]
[null,null,"excess of the benchmark compensation amount, determined applicable for "]
[null,null,"the contractor fiscal year by the Administrator, Office of Federal "]
[null,null,"Procurement Policy (OFPP) under 41 U.S.C 1127 are unallowable (10 U.S.C. "]
[null,null,"2324(e)(1)(P))."]
[null,null,"    (3) All employee compensation limit for contracts awarded on or "]
[null,null,"after June 24, 2014. (i) Applicability. This paragraph (p)(3) applies to "]
[null,null,"all executive agency contracts awarded on or after June 24, 2014, and "]
[null,null,"any subcontracts thereunder;"]
[null,null,"    (ii) Costs incurred on or after June 24, 2014. Costs incurred on or "]
[null,null,"after June 24, 2014, for the compensation of all employees in excess of "]
[null,null,"the benchmark compensation amount determined applicable for the "]
[null,null,"contractor fiscal year by the Administrator of the Office of Federal "]
[null,null,"Procurement Policy are unallowable. See http://www.whitehouse.gov/omb/"]
[null,null,"procurement/cecp."]
[null,null,"    (iii) Exceptions. An agency head may establish one or more narrowly "]
[null,null,"targeted exceptions for scientists, engineers, or other specialists upon "]
[null,null,"a determination that such exceptions are needed to ensure that the "]
[null,null,"executive agency has continued access to needed skills and capabilities. "]
[null,null,"In making such a determination, the agency shall consider, at a minimum, "]
[null,null,"for each contractor employee in a narrowly targeted excepted position--"]
[null,null,"    (A) The amount of taxpayer funded compensation to be received by "]
[null,null,"each employee; and"]
[null,null,"    (B) The duties and services performed by each employee."]
[null,null,"    (4) Definitions. As used in this paragraph (p)--"]
[null,null,"    (i) Compensation means the total amount of wages, salary, bonuses, "]
[null,null,"deferred compensation (see paragraph (k) of this subsection), and "]
[null,null,"employer contributions to defined contribution pension plans (see "]
[null,null,"paragraphs (j)(4) and (q) of this subsection), for the fiscal year,"]
[]
[null,null,"[[Page 709]]"]
[]
[null,null,"whether paid, earned, or otherwise accruing, as recorded in the "]
[null,null,"contractor's cost accounting records for the fiscal year."]
[null,null,"    (ii) Senior executive means--"]
[null,null,"    (A) Prior to January 2, 1999--"]
[null,null,"    (1) The Chief Executive Officer (CEO) or any individual acting in a "]
[null,null,"similar capacity at the contractor's headquarters;"]
[null,null,"    (2) The four most highly compensated employees in management "]
[null,null,"positions at the contractor's headquarters, other than the CEO; and"]
[null,null,"    (3) If the contractor has intermediate home offices or segments that "]
[null,null,"report directly to the contractor's headquarters, the five most highly "]
[null,null,"compensated employees in management positions at each such intermediate "]
[null,null,"home office or segment."]
[null,null,"    (B) Effective January 2, 1999, the five most highly compensated "]
[null,null,"employees in management positions at each home office and each segment "]
[null,null,"of the contractor, whether or not the home office or segment reports "]
[null,null,"directly to the contractor's headquarters."]
[null,null,"    (iii) Fiscal year means the fiscal year established by the "]
[null,null,"contractor for accounting purposes."]
[null,null,"    (iv) Contractor's headquarters means the highest organizational "]
[null,null,"level from which executive compensation costs are allocated to "]
[null,null,"Government contracts."]
[null,null,"    (q) Employee stock ownership plans (ESOP). (1) An ESOP is a stock "]
[null,null,"bonus plan designed to invest primarily in the stock of the employer "]
[null,null,"corporation. The contractor's contributions to an Employee Stock "]
[null,null,"Ownership Trust (ESOT) may be in the form of cash, stock, or property."]
[null,null,"    (2) Costs of ESOPs are allowable subject to the following "]
[null,null,"conditions:"]
[null,null,"    (i) The contractor measures, assigns, and allocates costs in "]
[null,null,"accordance with 48 CFR 9904.415."]
[null,null,"    (ii) Contributions by the contractor in any one year that exceed the "]
[null,null,"deductibility limits of the Internal Revenue Code for that year are "]
[null,null,"unallowable."]
[null,null,"    (iii) When the contribution is in the form of stock, the value of "]
[null,null,"the stock contribution is limited to the fair market value of the stock "]
[null,null,"on the date that title is effectively transferred to the trust."]
[null,null,"    (iv) When the contribution is in the form of cash--"]
[null,null,"    (A) Stock purchases by the ESOT in excess of fair market value are "]
[null,null,"unallowable; and"]
[null,null,"    (B) When stock purchases are in excess of fair market value, the "]
[null,null,"contractor shall credit the amount of the excess to the same indirect "]
[null,null,"cost pools that were charged for the ESOP contributions in the year in "]
[null,null,"which the stock purchase occurs. However, when the trust purchases the "]
[null,null,"stock with borrowed funds which will be repaid over a period of years by "]
[null,null,"cash contributions from the contractor to the trust, the contractor "]
[null,null,"shall credit the excess price over fair market value to the indirect "]
[null,null,"cost pools pro rata over the period of years during which the contractor "]
[null,null,"contributes the cash used by the trust to repay the loan."]
[null,null,"    (v) When the fair market value of unissued stock or stock of a "]
[null,null,"closely held corporation is not readily determinable, the valuation will "]
[null,null,"be made on a case-by-case basis taking into consideration the guidelines "]
[null,null,"for valuation used by the IRS."]
[]
[null,null,"[48 FR 42301, Sept. 19, 1983]"]
[]
[null,null,"    Editorial Note: For Federal Register citations affecting section "]
[null,null,"31.205-6, see the List of CFR Sections Affected which appears in the "]
[null,null,"Finding Aids section of the printed volume and at www.fdsys.gov."]
[]
[]
[]
[null,null,"31.205-7  Contingencies."]
[]
[null,null,"    (a) Contingency, as used in this subpart, means a possible future "]
[null,null,"event or condition arising from presently known or unknown causes, the "]
[null,null,"outcome of which is indeterminable at the present time."]
[null,null,"    (b) Costs for contingencies are generally unallowable for historical "]
[null,null,"costing purposes because such costing deals with costs incurred and "]
[null,null,"recorded on the contractor's books. However, in some cases, as for "]
[null,null,"example, terminations, a contingency factor may be recognized when it is "]
[null,null,"applicable to a past period to give recognition to minor unsettled "]
[null,null,"factors in the interest of expediting settlement."]
[null,null,"    (c) In connection with estimates of future costs, contingencies fall "]
[null,null,"into two categories:"]
[null,null,"    (1) Those that may arise from presently known and existing "]
[null,null,"conditions,"]
[]
[null,null,"[[Page 710]]"]
[]
[null,null,"the effects of which are foreseeable within reasonable limits of "]
[null,null,"accuracy; e.g., anticipated costs of rejects and defective work. "]
[null,null,"Contingencies of this category are to be included in the estimates of "]
[null,null,"future costs so as to provide the best estimate of performance cost."]
[null,null,"    (2) Those that may arise from presently known or unknown conditions, "]
[null,null,"the effect of which cannot be measured so precisely as to provide "]
[null,null,"equitable results to the contractor and to the Government; e.g., results "]
[null,null,"of pending litigation. Contingencies of this category are to be excluded "]
[null,null,"from cost estimates under the several items of cost, but should be "]
[null,null,"disclosed separately (including the basis upon which the contingency is "]
[null,null,"computed) to facilitate the negotiation of appropriate contractual "]
[null,null,"coverage. (See, for example, 31.205-6(g) and 31.205-19.)"]
[]
[null,null,"[69 FR 34243, June 18, 2004]"]
[]
[]
[]
[null,null,"31.205-8  Contributions or donations."]
[]
[null,null,"    Contributions or donations, including cash, property and services, "]
[null,null,"regardless of recipient, are unallowable, except as provided in 31.205-"]
[null,null,"1(e)(3)."]
[]
[null,null,"[51 FR 12300, Apr. 9, 1986]"]
[]
[]
[]
[null,null,"31.205-9  [Reserved]"]
[]
[]
[]
[null,null,"31.205-10  Cost of money."]
[]
[null,null,"    (a) General. Cost of money--"]
[null,null,"    (1) Is an imputed cost that is not a form of interest on borrowings "]
[null,null,"(see 31.205-20);"]
[null,null,"    (2) Is an ``incurred cost'' for cost-reimbursement purposes under "]
[null,null,"applicable cost-reimbursement contracts and for progress payment "]
[null,null,"purposes under fixed-price contracts; and"]
[null,null,"    (3) Refers to--"]
[null,null,"    (i) Facilities capital cost of money (48 CFR 9904.414); and"]
[null,null,"    (ii) Cost of money as an element of the cost of capital assets under "]
[null,null,"construction (48 CFR 9904.417)."]
[null,null,"    (b) Cost of money is allowable, provided--"]
[null,null,"    (1) It is measured, assigned, and allocated to contracts in "]
[null,null,"accordance with 48 CFR 9904.414 or measured and added to the cost of "]
[null,null,"capital assets under construction in accordance with 48 CFR 9904.417, as "]
[null,null,"applicable;"]
[null,null,"    (2) The requirements of 31.205-52, which limit the allowability of "]
[null,null,"cost of money, are followed; and"]
[null,null,"    (3) The estimated facilities capital cost of money is specifically "]
[null,null,"identified and proposed in cost proposals relating to the contract under "]
[null,null,"which the cost is to be claimed."]
[null,null,"    (c) Actual interest cost in lieu of the calculated imputed cost of "]
[null,null,"money is unallowable."]
[]
[null,null,"[68 FR 28091, May 22, 2003]"]
[]
[]
[]
[null,null,"31.205-11  Depreciation."]
[]
[null,null,"    (a) Depreciation on a contractor's plant, equipment, and other "]
[null,null,"capital facilities is an allowable contract cost, subject to the "]
[null,null,"limitations contained in this cost principle. For tangible personal "]
[null,null,"property, only estimated residual values that exceed 10 percent of the "]
[null,null,"capitalized cost of the asset need be used in establishing depreciable "]
[null,null,"costs. Where either the declining balance method of depreciation or the "]
[null,null,"class life asset depreciation range system is used, the residual value "]
[null,null,"need not be deducted from capitalized cost to determine depreciable "]
[null,null,"costs. Depreciation cost that would significantly reduce the book value "]
[null,null,"of a tangible capital asset below its residual value is unallowable."]
[null,null,"    (b) Contractors having contracts subject to 48 CFR 9904.409, "]
[null,null,"Depreciation of Tangible Capital Assets, shall adhere to the requirement "]
[null,null,"of that standard for all fully CAS-covered contracts and may elect to "]
[null,null,"adopt the standard for all other contracts. All requirements of 48 CFR "]
[null,null,"9904.409 are applicable if the election is made, and contractors must "]
[null,null,"continue to follow it until notification of final acceptance of all "]
[null,null,"deliverable items on all open negotiated Government contracts."]
[null,null,"    (c) For contracts to which 48 CFR 9904.409 is not applied, except as "]
[null,null,"indicated in paragraphs (g) and (h) of this subsection, allowable "]
[null,null,"depreciation shall not exceed the amount used for financial accounting "]
[null,null,"purposes, and shall be determined in a manner consistent with the "]
[null,null,"depreciation policies and procedures followed in the same segment on "]
[null,null,"non-Government business."]
[null,null,"    (d) Depreciation, rental, or use charges are unallowable on property "]
[null,null,"acquired from the Government at no"]
[]
[null,null,"[[Page 711]]"]
[]
[null,null,"cost by the contractor or by any division, subsidiary, or affiliate of "]
[null,null,"the contractor under common control."]
[null,null,"    (e) The depreciation on any item which meets the criteria for "]
[null,null,"allowance at price under 31.205-26(e) may be based on that price, "]
[null,null,"provided the same policies and procedures are used for costing all "]
[null,null,"business of the using division, subsidiary, or organization under common "]
[null,null,"control."]
[null,null,"    (f) No depreciation or rental is allowed on property fully "]
[null,null,"depreciated by the contractor or by any division, subsidiary, or "]
[null,null,"affiliate of the contractor under common control. However, a reasonable "]
[null,null,"charge for using fully depreciated property may be agreed upon and "]
[null,null,"allowed (but, see 31.109(h)(2)). In determining the charge, "]
[null,null,"consideration shall be given to cost, total estimated useful life at the "]
[null,null,"time of negotiations, effect of any increased maintenance charges or "]
[null,null,"decreased efficiency due to age, and the amount of depreciation "]
[null,null,"previously charged to Government contracts or subcontracts."]
[null,null,"    (g) Whether or not the contract is otherwise subject to CAS the "]
[null,null,"following apply:"]
[null,null,"    (1) The requirements of 31.205-52 shall be observed."]
[null,null,"    (2) In the event of a write-down from carrying value to fair value "]
[null,null,"as a result of impairments caused by events or changes in circumstances, "]
[null,null,"allowable depreciation of the impaired assets is limited to the amounts "]
[null,null,"that would have been allowed had the assets not been written down (see "]
[null,null,"31.205-16(g)). However, this does not preclude a change in depreciation "]
[null,null,"resulting from other causes such as permissible changes in estimates of "]
[null,null,"service life, consumption of services, or residual value."]
[null,null,"    (3)(i) In the event the contractor reacquires property involved in a "]
[null,null,"sale and leaseback arrangement, allowable depreciation of reacquired "]
[null,null,"property shall be based on the net book value of the asset as of the "]
[null,null,"date the contractor originally became a lessee of the property in the "]
[null,null,"sale and leaseback arrangement--"]
[null,null,"    (A) Adjusted for any allowable gain or loss determined in accordance "]
[null,null,"with 31.205-16(b); and"]
[null,null,"    (B) Less any amount of depreciation expense included in the "]
[null,null,"calculation of the amount that would have been allowed had the "]
[null,null,"contractor retained title under 31.205-11(h)(1) and 31.205-36(b)(2)."]
[null,null,"    (ii) As used in this paragraph (g)(3), reacquired property is "]
[null,null,"property that generated either any depreciation expense or any cost of "]
[null,null,"money considered in the calculation of the limitations under 31.205-"]
[null,null,"11(h)(1) and 31.205-36(b)(2) during the most recent accounting period "]
[null,null,"prior to the date of reacquisition."]
[null,null,"    (h) A ``capital lease,'' as defined in Financial Accounting "]
[null,null,"Standards Board's Accounting Standards Codification (FASB ASC) 840, "]
[null,null,"Leases, is subject to the requirements of this cost principle. (See "]
[null,null,"31.205-36 for Operating Leases.) FASB ASC 840 requires that capital "]
[null,null,"leases be treated as purchased assets, i.e., be capitalized, and the "]
[null,null,"capitalized value of such assets be distributed over their useful lives "]
[null,null,"as depreciation charges or over the leased life as amortization charges, "]
[null,null,"as appropriate, except that--"]
[null,null,"    (1) Lease costs under a sale and leaseback arrangement are allowable "]
[null,null,"only up to the amount that would be allowed if the contractor retained "]
[null,null,"title, computed based on the net book value of the asset on the date the "]
[null,null,"contractor becomes a lessee of the property adjusted for any gain or "]
[null,null,"loss recognized in accordance with 31.205-16(b); and"]
[null,null,"    (2) If it is determined that the terms of the capital lease have "]
[null,null,"been significantly affected by the fact that the lessee and lessor are "]
[null,null,"related, depreciation charges are not allowable in excess of those that "]
[null,null,"would have occurred if the lease contained terms consistent with those "]
[null,null,"found in a lease between unrelated parties."]
[]
[null,null,"[68 FR 69247, Dec. 11, 2003, as amended at 70 FR 33675, June 8, 2005; 71 "]
[null,null,"FR 36940, June 28, 2006; 77 FR 203, Jan. 3, 2012]"]
[]
[]
[]
[null,null,"31.205-12  Economic planning costs."]
[]
[null,null,"    Economic planning costs are the costs of general long-range "]
[null,null,"management planning that is concerned with the future overall "]
[null,null,"development of the contractor's business and that may take into account "]
[null,null,"the eventual possibility of economic dislocations or fundamental "]
[null,null,"alterations in those markets in which the contractor currently does"]
[]
[null,null,"[[Page 712]]"]
[]
[null,null,"business. Economic planning costs are allowable. Economic planning costs "]
[null,null,"do not include organization or reorganization costs covered by 31.205-"]
[null,null,"27. See 31.205-38 for market planning costs other than economic planning "]
[null,null,"costs."]
[]
[null,null,"[68 FR 56688, Oct. 1, 2003]"]
[]
[]
[]
[null,null,"31.205-13  Employee morale, health, welfare, food service, and dormitory"]
[null,null,"costs and credits."]
[]
[null,null,"    (a) Aggregate costs incurred on activities designed to improve "]
[null,null,"working conditions, employer-employee relations, employee morale, and "]
[null,null,"employee performance (less income generated by these activities) are "]
[null,null,"allowable, subject to the limitations contained in this subsection. Some "]
[null,null,"examples of allowable activities are--"]
[null,null,"    (1) House publications;"]
[null,null,"    (2) Health clinics;"]
[null,null,"    (3) Wellness/fitness centers;"]
[null,null,"    (4) Employee counseling services; and"]
[null,null,"    (5) Food and dormitory services for the contractor's employees at or "]
[null,null,"near the contractor's facilities. These services include--"]
[null,null,"    (i) Operating or furnishing facilities for cafeterias, dining rooms, "]
[null,null,"canteens, lunch wagons, vending machines, living accommodations; and"]
[null,null,"    (ii) Similar types of services."]
[null,null,"    (b) Costs of gifts are unallowable. (Gifts do not include awards for "]
[null,null,"performance made pursuant to 31.205-6(f) or awards made in recognition "]
[null,null,"of employee achievements pursuant to an established contractor plan or "]
[null,null,"policy.)"]
[null,null,"    (c) Costs of recreation are unallowable, except for the costs of "]
[null,null,"employees' participation in company sponsored sports teams or employee "]
[null,null,"organizations designed to improve company loyalty, team work, or "]
[null,null,"physical fitness."]
[null,null,"    (d)(1) The allowability of food and dormitory losses are determined "]
[null,null,"by the following factors:"]
[null,null,"    (i) Losses from operating food and dormitory services are allowable "]
[null,null,"only if the contractor's objective is to operate such services on a "]
[null,null,"break-even basis."]
[null,null,"    (ii) Losses sustained because food services or lodging "]
[null,null,"accommodations are furnished without charge or at prices or rates which "]
[null,null,"obviously would not be conducive to the accomplishment of the objective "]
[null,null,"in paragraph (d)(1)(i) of this subsection are not allowable, except as "]
[null,null,"described in paragraph (d)(1)(iii) of this subsection."]
[null,null,"    (iii) A loss may be allowed to the extent that the contractor can "]
[null,null,"demonstrate that unusual circumstances exist such that even with "]
[null,null,"efficient management, operating the services on a break-even basis would "]
[null,null,"require charging inordinately high prices, or prices or rates higher "]
[null,null,"than those charged by commercial establishments offering the same "]
[null,null,"services in the same geographical areas. The following are examples of "]
[null,null,"unusual circumstances:"]
[null,null,"    (A) The contractor must provide food or dormitory services at remote "]
[null,null,"locations where adequate commercial facilities are not reasonably "]
[null,null,"available."]
[null,null,"    (B) The contractor's charged (but unproductive) labor costs would be "]
[null,null,"excessive if the services were not available."]
[null,null,"    (C) If cessation or reduction of food or dormitory operations will "]
[null,null,"not otherwise yield net cost savings."]
[null,null,"    (2) Costs of food and dormitory services shall include an allocable "]
[null,null,"share of indirect expenses pertaining to these activities."]
[null,null,"    (e) When the contractor has an arrangement authorizing an employee "]
[null,null,"association to provide or operate a service, such as vending machines in "]
[null,null,"the contractor's plant, and retain the profits, such profits shall be "]
[null,null,"treated in the same manner as if the contractor were providing the "]
[null,null,"service (but see paragraph (f) of this subsection)."]
[null,null,"    (f) Contributions by the contractor to an employee organization, "]
[null,null,"including funds from vending machine receipts or similar sources, are "]
[null,null,"allowable only to the extent that the contractor demonstrates that an "]
[null,null,"equivalent amount of the costs incurred by the employee organization "]
[null,null,"would be allowable if directly incurred by the contractor."]
[]
[null,null,"[60 FR 42662, Aug. 16, 1995, as amended at 68 FR 56688, Oct. 1, 2003]"]
[]
[]
[]
[null,null,"31.205-14  Entertainment costs."]
[]
[null,null,"    Costs of amusement, diversions, social activities, and any directly "]
[null,null,"associated costs such as tickets to shows or sports events, meals, "]
[null,null,"lodging, rentals, transportation, and gratuities are unallowable. Costs "]
[null,null,"made specifically unallowable under this cost principle are not "]
[null,null,"allowable under any other cost"]
[]
[null,null,"[[Page 713]]"]
[]
[null,null,"principle. Costs of membership in social, dining, or country clubs or "]
[null,null,"other organizations having the same purposes are also unallowable, "]
[null,null,"regardless of whether the cost is reported as taxable income to the "]
[null,null,"employees."]
[]
[null,null,"[60 FR 42663, Aug. 16, 1995]"]
[]
[]
[]
[null,null,"31.205-15  Fines, penalties, and mischarging costs."]
[]
[null,null,"    (a) Costs of fines and penalties resulting from violations of, or "]
[null,null,"failure of the contractor to comply with, Federal, State, local, or "]
[null,null,"foreign laws and regulations, are unallowable except when incurred as a "]
[null,null,"result of compliance with specific terms and conditions of the contract "]
[null,null,"or written instructions from the contracting officer."]
[null,null,"    (b) Costs incurred in connection with, or related to, the "]
[null,null,"mischarging of costs on Government contracts are unallowable when the "]
[null,null,"costs are caused by, or result from, alteration or destruction of "]
[null,null,"records, or other false or improper charging or recording of costs. Such "]
[null,null,"costs include those incurred to measure or otherwise determine the "]
[null,null,"magnitude of the improper charging, and costs incurred to remedy or "]
[null,null,"correct the mischarging, such as costs to rescreen and reconstruct "]
[null,null,"records."]
[]
[null,null,"[51 FR 12301, Apr. 9, 1986, as amended at 54 FR 13024, Mar. 29, 1989; 55 "]
[null,null,"FR 52793, Dec. 21, 1990]"]
[]
[]
[]
[null,null,"31.205-16  Gains and losses on disposition or impairment of depreciable"]
[null,null,"property or other capital assets."]
[]
[null,null,"    (a) Gains and losses from the sale, retirement, or other disposition "]
[null,null,"(but see 31.205-19) of depreciable property shall be included in the "]
[null,null,"year in which they occur as credits or charges to the cost grouping(s) "]
[null,null,"in which the depreciation or amortization applicable to those assets was "]
[null,null,"included (but see paragraph (f) of this subsection). However, no gain or "]
[null,null,"loss shall be recognized as a result of the transfer of assets in a "]
[null,null,"business combination (see 31.205-52)."]
[null,null,"    (b) Notwithstanding the provisions in paragraph (c) of this "]
[null,null,"subsection, when costs of depreciable property are subject to the sale "]
[null,null,"and leaseback limitations in 31.205-11(h)(1) or 31.205-36(b)(2)--"]
[null,null,"    (1) The gain or loss is the difference between the net amount "]
[null,null,"realized and the undepreciated balance of the asset on the date the "]
[null,null,"contractor becomes a lessee; and"]
[null,null,"    (2) When the application of (b)(1) of this subsection results in a "]
[null,null,"loss--"]
[null,null,"    (i) The allowable portion of the loss is zero if the fair market "]
[null,null,"value exceeds the undepreciated balance of the asset on the date the "]
[null,null,"contractor becomes a lessee; and"]
[null,null,"    (ii) The allowable portion of the loss is limited to the difference "]
[null,null,"between the fair market value and the undepreciated balance of the asset "]
[null,null,"on the date the contractor becomes a lessee if the fair market value is "]
[null,null,"less than the undepreciated balance of the asset on the date the "]
[null,null,"contractor becomes a lessee."]
[null,null,"    (c) Gains and losses on disposition of tangible capital assets, "]
[null,null,"including those acquired under capital leases (see 31.205-11(h), shall "]
[null,null,"be considered as adjustments of depreciation costs previously "]
[null,null,"recognized. The gain or loss for each asset disposed of is the "]
[null,null,"difference between the net amount realized, including insurance proceeds "]
[null,null,"from involuntary conversions, and its undepreciated balance."]
[null,null,"    (d) The gain recognized for contract costing purposes shall be "]
[null,null,"limited to the difference between the acquisition cost (or for assets "]
[null,null,"acquired under a capital lease, the value at which the leased asset is "]
[null,null,"capitalized) of the asset and its undepreciated balance (except see "]
[null,null,"paragraphs (e)(2)(i) or (ii) of this subsection)."]
[null,null,"    (e) Special considerations apply to an involuntary conversion which "]
[null,null,"occurs when a contractor's property is destroyed by events over which "]
[null,null,"the owner has no control, such as fire, windstorm, flood, accident, "]
[null,null,"theft, etc., and an insurance award is recovered. The following govern "]
[null,null,"involuntary conversions:"]
[null,null,"    (1) When there is a cash award and the converted asset is not "]
[null,null,"replaced, gain or loss shall be recognized in the period of disposition. "]
[null,null,"The gain recognized for contract costing purposes shall be limited to "]
[null,null,"the difference between the acquisition cost of the asset and its "]
[null,null,"undepreciated balance."]
[null,null,"    (2) When the converted asset is replaced, the contractor shall "]
[null,null,"either--"]
[]
[null,null,"[[Page 714]]"]
[]
[null,null,"    (i) Adjust the depreciable basis of the new asset by the amount of "]
[null,null,"the total realized gain or loss; or"]
[null,null,"    (ii) Recognize the gain or loss in the period of disposition, in "]
[null,null,"which case the Government shall participate to the same extent as "]
[null,null,"outlined in paragraph (e)(1) of this subsection."]
[null,null,"    (f) Gains and losses on the disposition of depreciable property "]
[null,null,"shall not be recognized as a separate charge or credit when--"]
[null,null,"    (1) Gains and losses are processed through the depreciation reserve "]
[null,null,"account and reflected in the depreciation allowable under 31.205-11; or"]
[null,null,"    (2) The property is exchanged as part of the purchase price of a "]
[null,null,"similar item, and the gain or loss is taken into consideration in the "]
[null,null,"depreciation cost basis of the new item."]
[null,null,"    (g) Gains and losses arising from mass or extraordinary sales, "]
[null,null,"retirements, or other disposition other than through business "]
[null,null,"combinations shall be considered on a case-by-case basis."]
[null,null,"    (h) Gains and losses of any nature arising from the sale or exchange "]
[null,null,"of capital assets other than depreciable property shall be excluded in "]
[null,null,"computing contract costs."]
[null,null,"    (i) With respect to long-lived tangible and identifiable intangible "]
[null,null,"assets held for use, no loss shall be allowed for a write-down from "]
[null,null,"carrying value to fair value as a result of impairments caused by events "]
[null,null,"or changes in circumstances (e.g., environmental damage, idle facilities "]
[null,null,"arising from a declining business base, etc.). If depreciable property "]
[null,null,"or other capital assets have been written down from carrying value to "]
[null,null,"fair value due to impairments, gains or losses upon disposition shall be "]
[null,null,"the amounts that would have been allowed had the assets not been written "]
[null,null,"down."]
[]
[null,null,"[48 FR 42301, Sept. 19, 1983, as amended at 55 FR 25530, June 21, 1990; "]
[null,null,"60 FR 64255, Dec. 14, 1995; 61 FR 67424, Dec. 20, 1996; 68 FR 69248, "]
[null,null,"Dec. 11, 2003; 70 FR 33675, June 8, 2005; 71 FR 36941, June 28, 2006; 75 "]
[null,null,"FR 34291, June 16, 2010]"]
[]
[]
[]
[null,null,"31.205-17  Idle facilities and idle capacity costs."]
[]
[null,null,"    (a) Definitions. As used in this subsection--"]
[null,null,"    Costs of idle facilities or idle capacity means costs such as "]
[null,null,"maintenance, repair, housing, rent, and other related costs; e.g., "]
[null,null,"property taxes, insurance, and depreciation."]
[null,null,"    Facilities means plant or any portion thereof (including land "]
[null,null,"integral to the operation), equipment, individually or collectively, or "]
[null,null,"any other tangible capital asset, wherever located, and whether owned or "]
[null,null,"leased by the contractor."]
[null,null,"    Idle capacity means the unused capacity of partially used "]
[null,null,"facilities. It is the difference between that which a facility could "]
[null,null,"achieve under 100 percent operating time on a one-shift basis, less "]
[null,null,"operating interruptions resulting from time lost for repairs, setups, "]
[null,null,"unsatisfactory materials, and other normal delays, and the extent to "]
[null,null,"which the facility was actually used to meet demands during the "]
[null,null,"accounting period. A multiple-shift basis may be used in the calculation "]
[null,null,"instead of a one-shift basis if it can be shown that this amount of "]
[null,null,"usage could normally be expected for the type of facility involved."]
[null,null,"    Idle facilities means completely unused facilities that are excess "]
[null,null,"to the contractor's current needs."]
[null,null,"    (b) The costs of idle facilities are unallowable unless the "]
[null,null,"facilities--"]
[null,null,"    (1) Are necessary to meet fluctuations in workload; or"]
[null,null,"    (2) Were necessary when acquired and are now idle because of changes "]
[null,null,"in requirements, production economies, reorganization, termination, or "]
[null,null,"other causes which could not have been reasonably foreseen. (Costs of "]
[null,null,"idle facilities are allowable for a reasonable period, ordinarily not to "]
[null,null,"exceed 1 year, depending upon the initiative taken to use, lease, or "]
[null,null,"dispose of the idle facilities (but see 31.205-42))."]
[null,null,"    (c) Costs of idle capacity are costs of doing business and are a "]
[null,null,"factor in the normal fluctuations of usage or overhead rates from period "]
[null,null,"to period. Such costs are allowable provided the capacity is necessary "]
[null,null,"or was originally reasonable and is not subject to reduction or "]
[null,null,"elimination by subletting, renting, or sale, in accordance with sound "]
[null,null,"business, economics, or security practices. Widespread idle capacity "]
[null,null,"throughout an entire plant or among a group of assets having "]
[null,null,"substantially the same function may be idle facilities."]
[null,null,"    (d) Any costs to be paid directly by the Government for idle "]
[null,null,"facilities or"]
[]
[null,null,"[[Page 715]]"]
[]
[null,null,"idle capacity reserved for defense mobilization production shall be the "]
[null,null,"subject of a separate agreement."]
[]
[null,null,"[48 FR 42301, Sept. 19, 1983, as amended at 66 FR 2131, Jan. 10, 2001; "]
[null,null,"67 FR 6120, Feb. 8, 2002]"]
[]
[]
[]
[null,null,"31.205-18  Independent research and development and bid and proposal costs."]
[]
[null,null,"    (a) Definitions. As used in this subsection--"]
[null,null,"    Applied research means that effort which (1) normally follows basic "]
[null,null,"research, but may not be severable from the related basic research, (2) "]
[null,null,"attempts to determine and exploit the potential of scientific "]
[null,null,"discoveries or improvements in technology, materials, processes, "]
[null,null,"methods, devices, or techniques, and (3) attempts to advance the state "]
[null,null,"of the art. Applied research does not include efforts whose principal "]
[null,null,"aim is design, development, or test of specific items or services to be "]
[null,null,"considered for sale; these efforts are within the definition of the term "]
[null,null,"development, defined in this subsection."]
[null,null,"    Basic research, (See 2.101)."]
[null,null,"    Bid and proposal (B&P) costs means the costs incurred in preparing, "]
[null,null,"submitting, and supporting bids and proposals (whether or not solicited) "]
[null,null,"on potential Government or non-Government contracts. The term does not "]
[null,null,"include the costs of effort sponsored by a grant or cooperative "]
[null,null,"agreement, or required in the performance of a contract."]
[null,null,"    Company means all divisions, subsidiaries, and affiliates of the "]
[null,null,"contractor under common control."]
[null,null,"    Development means the systematic use, under whatever name, of "]
[null,null,"scientific and technical knowledge in the design, development, test, or "]
[null,null,"evaluation of a potential new product or service (or of an improvement "]
[null,null,"in an existing product or service) for the purpose of meeting specific "]
[null,null,"performance requirements or objectives. Development includes the "]
[null,null,"functions of design engineering, prototyping, and engineering testing. "]
[null,null,"Development excludes: (1) Subcontracted technical effort which is for "]
[null,null,"the sole purpose of developing an additional source for an existing "]
[null,null,"product, or (2) development effort for manufacturing or production "]
[null,null,"materials, systems, processes, methods, equipment, tools, and techniques "]
[null,null,"not intended for sale."]
[null,null,"    Independent research and development (IR&D) means a contractor's "]
[null,null,"IR&D cost that consists of projects falling within the four following "]
[null,null,"areas: (1) Basis research, (2) applied research, (3) development, and "]
[null,null,"(4) systems and other concept formulation studies. The term does not "]
[null,null,"include the costs of effort sponsored by a grant or required in the "]
[null,null,"performance of a contract. IR&D effort shall not include technical "]
[null,null,"effort expended in developing and preparing technical data specifically "]
[null,null,"to support submitting a bid or proposal."]
[null,null,"    Systems and other concept formulation studies means analyses and "]
[null,null,"study efforts either related to specific IR&D efforts or directed toward "]
[null,null,"identifying desirable new systems, equipment or components, or "]
[null,null,"modifications and improvements to existing systems, equipment, or "]
[null,null,"components."]
[null,null,"    (b) Composition and allocation of costs. The requirements of 48 CFR "]
[null,null,"9904.420, Accounting for independent research and development costs and "]
[null,null,"bid and proposal costs, are incorporated in their entirety and shall "]
[null,null,"apply as follows--"]
[null,null,"    (1) Fully-CAS-covered contracts. Contracts that are fully-CAS-"]
[null,null,"covered shall be subject to all requirements of 48 CFR 9904.420."]
[null,null,"    (2) Modified CAS-covered and non-CAS-covered contracts. Contracts "]
[null,null,"that are not CAS-covered or that contain terms or conditions requiring "]
[null,null,"modified CAS coverage shall be subject to all requirements of 48 CFR "]
[null,null,"9904.420 except 48 CFR 9904.420-50(e)(2) and 48 CFR 9904.420-50(f)(2), "]
[null,null,"which are not then applicable. However, non-CAS-covered or modified CAS-"]
[null,null,"covered contracts awarded at a time the contractor has CAS-covered "]
[null,null,"contracts requiring compliance with 48 CFR 9904.420, shall be subject to "]
[null,null,"all the requirements of 48 CFR 9904.420. When the requirements of 48 CFR "]
[null,null,"9904.420-50(e)(2) and 48 CFR 9904.420-50(f)(2) are not applicable, the "]
[null,null,"following apply:"]
[null,null,"    (i) IR&D and B&P costs shall be allocated to final cost objectives "]
[null,null,"on the same basis of allocation used for the G&A expense grouping of the "]
[null,null,"profit center (see 31.001) in which the costs are incurred. However, "]
[null,null,"when IR&D and B&P costs clearly benefit other profit centers or benefit "]
[null,null,"the entire company,"]
[]
[null,null,"[[Page 716]]"]
[]
[null,null,"those costs shall be allocated through the G&A of the other profit "]
[null,null,"centers or through the corporate G&A, as appropriate."]
[null,null,"    (ii) If allocations of IR&D or B&P through the G&A base do not "]
[null,null,"provide equitable cost allocation, the contracting officer may approve "]
[null,null,"use of a different base."]
[null,null,"    (c) Allowability. Except as provided in paragraphs (d) and (e) of "]
[null,null,"this subsection, or as provided in agency regulations, costs for IR&D "]
[null,null,"and B&P are allowable as indirect expenses on contracts to the extent "]
[null,null,"that those costs are allocable and reasonable."]
[null,null,"    (d) Deferred IR&D costs. (1) IR&D costs that were incurred in "]
[null,null,"previous accounting periods are unallowable, except when a contractor "]
[null,null,"has developed a specific product at its own risk in anticipation of "]
[null,null,"recovering the development costs in the sale price of the product "]
[null,null,"provided that--"]
[null,null,"    (i) The total amount of IR&D costs applicable to the product can be "]
[null,null,"identified;"]
[null,null,"    (ii) The proration of such costs to sales of the product is "]
[null,null,"reasonable;"]
[null,null,"    (iii) The contractor had no Government business during the time that "]
[null,null,"the costs were incurred or did not allocate IR&D costs to Government "]
[null,null,"contracts except to prorate the cost of developing a specific product to "]
[null,null,"the sales of that product; and"]
[null,null,"    (iv) No costs of current IR&D programs are allocated to Government "]
[null,null,"work except to prorate the costs of developing a specific product to the "]
[null,null,"sales of that product."]
[null,null,"    (2) When deferred costs are recognized, the contract (except firm-"]
[null,null,"fixed-price and fixed-price with economic price adjustment) will include "]
[null,null,"a specific provision setting forth the amount of deferred IR&D costs "]
[null,null,"that are allocable to the contract. The negotiation memorandum will "]
[null,null,"state the circumstances pertaining to the case and the reason for "]
[null,null,"accepting the deferred costs."]
[null,null,"    (e) Cooperative arrangements. (1) IR&D costs may be incurred by "]
[null,null,"contractors working jointly with one or more non-Federal entities "]
[null,null,"pursuant to a cooperative arrangement (for example, joint ventures, "]
[null,null,"limited partnerships, teaming arrangements, and collaboration and "]
[null,null,"consortium arrangements). IR&D costs also may include costs contributed "]
[null,null,"by contractors in performing cooperative research and development "]
[null,null,"agreements, or similar arrangements, entered into under--"]
[null,null,"    (i) Section 12 of the Stevenson-Wydler Technology Transfer Act of "]
[null,null,"1980 (15 U.S.C. 3710(a));"]
[null,null,"    (ii) Sections 203(c) (5) and (6) of the National Aeronautics and "]
[null,null,"Space Act of 1958, as amended (42 U.S.C. 2473(c) (5) and (6));"]
[null,null,"    (iii) 10 U.S.C. 2371 for the Defense Advanced Research Projects "]
[null,null,"Agency; or"]
[null,null,"    (iv) Other equivalent authority."]
[null,null,"    (2) IR&D costs incurred by a contractor pursuant to these types of "]
[null,null,"cooperative arrangements should be considered as allowable IR&D costs if "]
[null,null,"the work performed would have been allowed as contractor IR&D had there "]
[null,null,"been no cooperative arrangement."]
[null,null,"    (3) Costs incurred in preparing, submitting, and supporting offers "]
[null,null,"on potential cooperative arrangements are allowable to the extent they "]
[null,null,"are allocable, reasonable, and not otherwise unallowable."]
[]
[null,null,"[57 FR 44265, Sept. 24, 1992, as amended at 59 FR 11379, Mar. 10, 1994; "]
[null,null,"62 FR 12705, Mar. 17, 1997; 62 FR 51271, Sept. 30, 1997; 62 FR 64932, "]
[null,null,"Dec. 9, 1997; 66 FR 2131, Jan. 10, 2001]"]
[]
[]
[]
[null,null,"31.205-19  Insurance and indemnification."]
[]
[null,null,"    (a) Insurance by purchase or by self-insuring includes--"]
[null,null,"    (1) Coverage the contractor is required to carry or to have "]
[null,null,"approved, under the terms of the contract; and"]
[null,null,"    (2) Any other coverage the contractor maintains in connection with "]
[null,null,"the general conduct of its business."]
[null,null,"    (b) For purposes of applying the provisions of this subsection, the "]
[null,null,"Government considers insurance provided by captive insurers (insurers "]
[null,null,"owned by or under control of the contractor) as self-insurance, and "]
[null,null,"charges for it shall comply with the provisions applicable to self-"]
[null,null,"insurance costs in this subsection. However, if the captive insurer also "]
[null,null,"sells insurance to the general public in substantial quantities and it "]
[null,null,"can be demonstrated that the charge to the contractor is based on "]
[null,null,"competitive market forces, the Government will"]
[]
[null,null,"[[Page 717]]"]
[]
[null,null,"consider the insurance as purchased insurance."]
[null,null,"    (c) Whether or not the contract is subject to CAS, self-insurance "]
[null,null,"charges are allowable subject to paragraph (e) of this subsection and "]
[null,null,"the following limitations:"]
[null,null,"    (1) The contractor shall measure, assign, and allocate costs in "]
[null,null,"accordance with 48 CFR 9904.416, Accounting for Insurance Costs."]
[null,null,"    (2) The contractor shall comply with (48 CFR) part 28. However, "]
[null,null,"approval of a contractor's insurance program in accordance with part 28 "]
[null,null,"does not constitute a determination as to the allowability of the "]
[null,null,"program's cost."]
[null,null,"    (3) If purchased insurance is available, any self-insurance charge "]
[null,null,"plus insurance administration expenses in excess of the cost of "]
[null,null,"comparable purchased insurance plus associated insurance administration "]
[null,null,"expenses is unallowable."]
[null,null,"    (4) Self-insurance charges for risks of catastrophic losses are "]
[null,null,"unallowable (see 28.308(e))."]
[null,null,"    (d) Purchased insurance costs are allowable, subject to paragraph "]
[null,null,"(e) of this subsection and the following limitations:"]
[null,null,"    (1) For contracts subject to full CAS coverage, the contractor shall "]
[null,null,"measure, assign, and allocate costs in accordance with 48 CFR 9904.416."]
[null,null,"    (2) For all contracts, premiums for insurance purchased from "]
[null,null,"fronting insurance companies (insurance companies not related to the "]
[null,null,"contractor but who reinsure with a captive insurer of the contractor) "]
[null,null,"are unallowable to the extent they exceed the sum of--"]
[null,null,"    (i) The amount that would have been allowed had the contractor "]
[null,null,"insured directly with the captive insurer; and"]
[null,null,"    (ii) Reasonable fronting company charges for services rendered."]
[null,null,"    (3) Actual losses are unallowable unless expressly provided for in "]
[null,null,"the contract, except--"]
[null,null,"    (i) Losses incurred under the nominal deductible provisions of "]
[null,null,"purchased insurance, in keeping with sound business practice, are "]
[null,null,"allowable; and"]
[null,null,"    (ii) Minor losses, such as spoilage, breakage, and disappearance of "]
[null,null,"small hand tools that occur in the ordinary course of business and that "]
[null,null,"are not covered by insurance, are allowable."]
[null,null,"    (e) Self-insurance and purchased insurance costs are subject to the "]
[null,null,"cost limitations in the following paragraphs:"]
[null,null,"    (1) Costs of insurance required or approved pursuant to the contract "]
[null,null,"are allowable."]
[null,null,"    (2) Costs of insurance maintained by the contractor in connection "]
[null,null,"with the general conduct of its business are allowable subject to the "]
[null,null,"following limitations:"]
[null,null,"    (i) Types and extent of coverage shall follow sound business "]
[null,null,"practice, and the rates and premiums shall be reasonable."]
[null,null,"    (ii) Costs allowed for business interruption or other similar "]
[null,null,"insurance shall be limited to exclude coverage of profit."]
[null,null,"    (iii) The cost of property insurance premiums for insurance coverage "]
[null,null,"in excess of the acquisition cost of the insured assets is allowable "]
[null,null,"only when the contractor has a formal written policy assuring that in "]
[null,null,"the event the insured property is involuntarily converted, the new asset "]
[null,null,"shall be valued at the book value of the replaced asset plus or minus "]
[null,null,"adjustments for differences between insurance proceeds and actual "]
[null,null,"replacement cost. If the contractor does not have such a formal written "]
[null,null,"policy, the cost of premiums for insurance coverage in excess of the "]
[null,null,"acquisition cost of the insured asset is unallowable."]
[null,null,"    (iv) Costs of insurance for the risk of loss of Government property "]
[null,null,"are allowable to the extent that--"]
[null,null,"    (A) The contractor is liable for such loss;"]
[null,null,"    (B) The contracting officer has not revoked the Government's "]
[null,null,"assumption of risk (see 45.104(b)); and"]
[null,null,"    (C) Such insurance does not cover loss of Government property that "]
[null,null,"results from willful misconduct or lack of good faith on the part of any "]
[null,null,"of the contractor's managerial personnel (as described in FAR 52.245-1 "]
[null,null,"(h)(1)(ii))."]
[null,null,"    (v) Costs of insurance on the lives of officers, partners, "]
[null,null,"proprietors, or employees are allowable only to the extent that the "]
[null,null,"insurance represents additional compensation (see 31.205-6)."]
[null,null,"    (3) The cost of insurance to protect the contractor against the "]
[null,null,"costs of correcting its own defects in materials"]
[]
[null,null,"[[Page 718]]"]
[]
[null,null,"and workmanship is unallowable. However, insurance costs to cover "]
[null,null,"fortuitous or casualty losses resulting from defects in materials or "]
[null,null,"workmanship are allowable as a normal business expense."]
[null,null,"    (4) Premiums for retroactive or backdated insurance written to cover "]
[null,null,"losses that have occurred and are known are unallowable."]
[null,null,"    (5) The Government is obligated to indemnify the contractor only to "]
[null,null,"the extent authorized by law, as expressly provided for in the contract, "]
[null,null,"except as provided in paragraph (d)(3) of this subsection."]
[null,null,"    (6) Late premium payment charges related to employee deferred "]
[null,null,"compensation plan insurance incurred pursuant to section 4007 (29 U.S.C. "]
[null,null,"1307) or section 4023 (29 U.S.C. 1323) of the Employee Retirement Income "]
[null,null,"Security Act of 1974 are unallowable."]
[]
[null,null,"[68 FR 69256, Dec. 11, 2003, as amended at 72 FR 27384, May 15, 2007; 75 "]
[null,null,"FR 38679, July 2, 2010; 77 FR 12941, Mar. 2, 2012]"]
[]
[]
[]
[null,null,"31.205-20  Interest and other financial costs."]
[]
[null,null,"    Interest on borrowings (however represented), bond discounts, costs "]
[null,null,"of financing and refinancing capital (net worth plus long-term "]
[null,null,"liabilities), legal and professional fees paid in connection with "]
[null,null,"preparing prospectuses, and costs of preparing and issuing stock rights "]
[null,null,"are unallowable (but see 31.205-28). However, interest assessed by State "]
[null,null,"or local taxing authorities under the conditions specified in 31.205-"]
[null,null,"41(a)(3) is allowable."]
[]
[null,null,"[64 FR 51844, Sept. 24, 1999]"]
[]
[]
[]
[null,null,"31.205-21  Labor relations costs."]
[]
[null,null,"    (a) Costs incurred in maintaining satisfactory relations between the "]
[null,null,"contractor and its employees (other than those made unallowable in "]
[null,null,"paragraph (b) of this section), including costs of shop stewards, labor "]
[null,null,"management committees, employee publications, and other related "]
[null,null,"activities, are allowable."]
[null,null,"    (b) As required by Executive Order 13494, Economy in Government "]
[null,null,"Contracting, costs of any activities undertaken to persuade employees, "]
[null,null,"of any entity, to exercise or not to exercise, or concerning the manner "]
[null,null,"of exercising, the right to organize and bargain collectively through "]
[null,null,"representatives of the employees' own choosing are unallowable. Examples "]
[null,null,"of unallowable costs under this paragraph include, but are not limited "]
[null,null,"to, the costs of--"]
[null,null,"    (1) Preparing and distributing materials;"]
[null,null,"    (2) Hiring or consulting legal counsel or consultants;"]
[null,null,"    (3) Meetings (including paying the salaries of the attendees at "]
[null,null,"meetings held for this purpose); and"]
[null,null,"    (4) Planning or conducting activities by managers, supervisors, or "]
[null,null,"union representatives during work hours."]
[]
[null,null,"[76 FR 68043, Nov. 2, 2011]"]
[]
[]
[]
[null,null,"31.205-22  Lobbying and political activity costs."]
[]
[null,null,"    (a) Costs associated with the following activities are unallowable:"]
[null,null,"    (1) Attempts to influence the outcomes of any Federal, State, or "]
[null,null,"local election, referendum, initiative, or similar procedure, through in "]
[null,null,"kind or cash contributions, endorsements, publicity, or similar "]
[null,null,"activities;"]
[null,null,"    (2) Establishing, administering, contributing to, or paying the "]
[null,null,"expenses of a political party, campaign, political action committee, or "]
[null,null,"other organization established for the purpose of influencing the "]
[null,null,"outcomes of elections;"]
[null,null,"    (3) Any attempt to influence (i) the introduction of Federal, state, "]
[null,null,"or local legislation, or (ii) the enactment or modification of any "]
[null,null,"pending Federal, state, or local legislation through communication with "]
[null,null,"any member or employee of the Congress or state legislature (including "]
[null,null,"efforts to influence state or local officials to engage in similar "]
[null,null,"lobbying activity), or with any government official or employee in "]
[null,null,"connection with a decision to sign or veto enrolled legislation;"]
[null,null,"    (4) Any attempt to influence (i) the introduction of Federal, state, "]
[null,null,"or local legislation, or (ii) the enactment or modification of any "]
[null,null,"pending Federal, state, or local legislation by preparing, distributing "]
[null,null,"or using publicity or propaganda, or by urging members of the general "]
[null,null,"public or any segment thereof to contribute to or participate in any "]
[null,null,"mass demonstration, march, rally, fund"]
[]
[null,null,"[[Page 719]]"]
[]
[null,null,"raising drive, lobbying campaign or letter writing or telephone "]
[null,null,"campaign;"]
[null,null,"    (5) Legislative liaison activities, including attendance at "]
[null,null,"legislative sessions or committee hearings, gathering information "]
[null,null,"regarding legislation, and analyzing the effect of legislation, when "]
[null,null,"such activities are carried on in support of or in knowing preparation "]
[null,null,"for an effort to engage in unallowable activities; or"]
[null,null,"    (6) Costs incurred in attempting to improperly influence (see "]
[null,null,"3.401), either directly or indirectly, an employee or officer of the "]
[null,null,"Executive branch of the Federal Government to give consideration to or "]
[null,null,"act regarding a regulatory or contract matter."]
[null,null,"    (b) The following activities are excepted from the coverage of (a) "]
[null,null,"above:"]
[null,null,"    (1) Providing a technical and factual presentation of information on "]
[null,null,"a topic directly related to the performance of a contract through "]
[null,null,"hearing testimony, statements or letters to the Congress or a state "]
[null,null,"legislature, or subdivision, member, or cognizant staff member thereof, "]
[null,null,"in response to a documented request (including a Congressional Record "]
[null,null,"notice requesting testimony or statements for the record at a regularly "]
[null,null,"scheduled hearing) made by the recipient member, legislative body or "]
[null,null,"subdivision, or a cognizant staff member thereof; provided such "]
[null,null,"information is readily obtainable and can be readily put in deliverable "]
[null,null,"form; and further provided that costs under this section for "]
[null,null,"transportation, lodging or meals are unallowable unless incurred for the "]
[null,null,"purpose of offering testimony at a regularly scheduled Congressional "]
[null,null,"hearing pursuant to a written request for such presentation made by the "]
[null,null,"Chairman or Ranking Minority Member of the Committee or Subcommittee "]
[null,null,"conducting such hearing."]
[null,null,"    (2) Any lobbying made unallowable by paragraph (a)(3) of this "]
[null,null,"subsection to influence state or local legislation in order to directly "]
[null,null,"reduce contract cost, or to avoid material impairment of the "]
[null,null,"contractor's authority to perform the contract."]
[null,null,"    (3) Any activity specifically authorized by statute to be undertaken "]
[null,null,"with funds from the contract."]
[null,null,"    (c) When a contractor seeks reimbursement for indirect costs, total "]
[null,null,"lobbying costs shall be separately identified in the indirect cost rate "]
[null,null,"proposal, and thereafter treated as other unallowable activity costs."]
[null,null,"    (d) Contractors shall maintain adequate records to demonstrate that "]
[null,null,"the certification of costs as being allowable or unallowable (see "]
[null,null,"42.703-2) pursuant to this subsection complies with the requirements of "]
[null,null,"this subsection."]
[null,null,"    (e) Existing procedures should be utilized to resolve in advance any "]
[null,null,"significant questions or disagreements concerning the interpretation or "]
[null,null,"application of this subsection."]
[]
[null,null,"[49 FR 18278, Apr. 27, 1984, as amended at 51 FR 12301, Apr. 9, 1986; 52 "]
[null,null,"FR 19804, May 27, 1987; 60 FR 42660, Aug. 16, 1995; 61 FR 31657, June "]
[null,null,"20, 1996; 61 FR 67425, Dec. 20, 1996; 62 FR 237, Jan. 2, 1997]"]
[]
[]
[]
[null,null,"31.205-23  Losses on other contracts."]
[]
[null,null,"    An excess of costs over income under any other contract (including "]
[null,null,"the contractor's contributed portion under cost-sharing contracts) is "]
[null,null,"unallowable."]
[]
[]
[]
[null,null,"31.205-24  [Reserved]"]
[]
[]
[]
[null,null,"31.205-25  Manufacturing and production engineering costs."]
[]
[null,null,"    (a) The costs of manufacturing and production engineering effort as "]
[null,null,"described in (1) through (4) below are all allowable:"]
[null,null,"    (1) Developing and deploying new or improved materials, systems, "]
[null,null,"processes, methods, equipment, tools and techniques that are or are "]
[null,null,"expected to be used in producing products or services;"]
[null,null,"    (2) Developing and deploying pilot production lines;"]
[null,null,"    (3) Improving current production functions, such as plant layout, "]
[null,null,"production scheduling and control, methods and job analysis, equipment "]
[null,null,"capabilities and capacities, inspection techniques, and tooling analysis "]
[null,null,"(including tooling design and application improvements); and"]
[null,null,"    (4) Material and manufacturing producibility analysis for production "]
[null,null,"suitability and to optimize manufacturing processes, methods, and "]
[null,null,"techniques."]
[null,null,"    (b) This cost principle does not cover:"]
[null,null,"    (1) Basic and applied research effort (as defined in 31.205-18(a)) "]
[null,null,"related to"]
[]
[null,null,"[[Page 720]]"]
[]
[null,null,"new technology, materials, systems, processes, methods, equipment, tools "]
[null,null,"and techniques. Such technical effort is governed by 31.205-18, "]
[null,null,"Independent research and development costs and bid and proposal costs; "]
[null,null,"and"]
[null,null,"    (2) Development effort for manufacturing or production materials, "]
[null,null,"systems, processes, methods, equipment, tools and techniques that are "]
[null,null,"intended for sale is also governed by 31.205-18."]
[null,null,"    (c) Where manufacturing or production development costs are "]
[null,null,"capitalized or required to be capitalized under the contractor's "]
[null,null,"capitalization policies, allowable cost will be determined in accordance "]
[null,null,"with the requirements of 31.205-11, Depreciation."]
[]
[]
[]
[null,null,"31.205-26  Material costs."]
[]
[null,null,"    (a) Material costs include the costs of such items as raw materials, "]
[null,null,"parts, subassemblies, components, and manufacturing supplies, whether "]
[null,null,"purchased or manufactured by the contractor, and may include such "]
[null,null,"collateral items as inbound transportation and in-transit insurance. In "]
[null,null,"computing material costs, the contractor shall consider reasonable "]
[null,null,"overruns, spoilage, or defective work (unless otherwise provided in any "]
[null,null,"contract provision relating to inspecting and correcting defective "]
[null,null,"work)."]
[null,null,"    (b) The contractor shall--"]
[null,null,"    (1) Adjust the costs of material for income and other credits, "]
[null,null,"including available trade discounts, refunds, rebates, allowances, and "]
[null,null,"cash discounts, and credits for scrap, salvage, and material returned to "]
[null,null,"vendors; and"]
[null,null,"    (2) Credit such income and other credits either directly to the cost "]
[null,null,"of the material or allocate such income and other credits as a credit to "]
[null,null,"indirect costs. When the contractor can demonstrate that failure to take "]
[null,null,"cash discounts was reasonable, the contractor does not need to credit "]
[null,null,"lost discounts."]
[null,null,"    (c) Reasonable adjustments arising from differences between periodic "]
[null,null,"physical inventories and book inventories may be included in arriving at "]
[null,null,"costs; provided such adjustments relate to the period of contract "]
[null,null,"performance."]
[null,null,"    (d) When materials are purchased specifically for and are "]
[null,null,"identifiable solely with performance under a contract, the actual "]
[null,null,"purchase cost of those materials should be charged to the contract. If "]
[null,null,"material is issued from stores, any generally recognized method of "]
[null,null,"pricing such material is acceptable if that method is consistently "]
[null,null,"applied and the results are equitable."]
[null,null,"    (e) Allowance for all materials, supplies and services that are sold "]
[null,null,"or transferred between any divisions, subdivisions, subsidiaries, or "]
[null,null,"affiliates of the contractor under a common control shall be on the "]
[null,null,"basis of cost incurred in accordance with this subpart. However, "]
[null,null,"allowance may be at price when--"]
[null,null,"    (1) It is the established practice of the transferring organization "]
[null,null,"to price interorganizational transfers at other than cost for commercial "]
[null,null,"work of the contractor or any division, subsidiary or affiliate of the "]
[null,null,"contractor under a common control; and"]
[null,null,"    (2) The item being transferred qualifies for an exception under "]
[null,null,"15.403-1(b) and the contracting officer has not determined the price to "]
[null,null,"be unreasonable."]
[null,null,"    (f) When a commercial item under paragraph (e) of this subsection is "]
[null,null,"transferred at a price based on a catalog or market price, the "]
[null,null,"contractor--"]
[null,null,"    (1) Should adjust the price to reflect the quantities being "]
[null,null,"acquired; and"]
[null,null,"    (2) May adjust the price to reflect the actual cost of any "]
[null,null,"modifications necessary because of contract requirements."]
[]
[null,null,"[69 FR 34243, June 18, 2004]"]
[]
[]
[]
[null,null,"31.205-27  Organization costs."]
[]
[null,null,"    (a) Except as provided in paragraph (b) of this section, "]
[null,null,"expenditures in connection with (1) planning or executing the "]
[null,null,"organization or reorganization of the corporate structure of a business, "]
[null,null,"including mergers and acquisitions, (2) resisting or planning to resist "]
[null,null,"the reorganization of the corporate structure of a business or a change "]
[null,null,"in the controlling interest in the ownership of a business, and (3) "]
[null,null,"raising capital (net worth plus long-term liabilities), are unallowable. "]
[null,null,"Such expenditures include but are not limited to incorporation fees and "]
[null,null,"costs of attorneys, accountants, brokers, promoters and organizers, "]
[null,null,"management consultants and investment counselors, whether or not "]
[null,null,"employees of the contractor. Unallowable reorganization costs include "]
[null,null,"the cost of any change in the contractor's"]
[]
[null,null,"[[Page 721]]"]
[]
[null,null,"financial structure, excluding administrative costs of short-term "]
[null,null,"borrowings for working capital, resulting in alterations in the rights "]
[null,null,"and interests of security holders, whether or not additional capital is "]
[null,null,"raised."]
[null,null,"    (b) The cost of activities primarily intended to provide "]
[null,null,"compensation will not be considered organizational costs subject to this "]
[null,null,"subsection, but will be governed by 31.205-6. These activities include "]
[null,null,"acquiring stock for (1) executive bonuses, (2) employee savings plans, "]
[null,null,"and (3) employee stock ownership plans."]
[]
[null,null,"[48 FR 42301, Sept. 19, 1983, as amended at 53 FR 10830, Apr. 1, 1988]"]
[]
[]
[]
[null,null,"31.205-28  Other business expenses."]
[]
[null,null,"    The following types of recurring costs are allowable"]
[null,null,"    (a) Registry and transfer charges resulting from changes in "]
[null,null,"ownership of securities issued by the contractor."]
[null,null,"    (b) Cost of shareholders' meetings."]
[null,null,"    (c) Normal proxy solicitations."]
[null,null,"    (d) Preparing and publishing reports to shareholders."]
[null,null,"    (e) Preparing and submitting required reports and forms to taxing "]
[null,null,"and other regulatory bodies."]
[null,null,"    (f) Incidental costs of directors' and committee meetings."]
[null,null,"    (g) Other similar costs."]
[]
[null,null,"[48 FR 42301, Sept. 19, 1983, as amended at 68 FR 28092, May 22, 2003]"]
[]
[]
[]
[null,null,"31.205-29  Plant protection costs."]
[]
[null,null,"    Costs of items such as (a) wages, uniforms, and equipment of "]
[null,null,"personnel engaged in plant protection, (b) depreciation on plant "]
[null,null,"protection capital assets, and (c) necessary expenses to comply with "]
[null,null,"military requirements, are allowable."]
[]
[]
[]
[null,null,"31.205-30  Patent costs."]
[]
[null,null,"    (a) The following patent costs are allowable to the extent that they "]
[null,null,"are incurred as requirements of a Government contract (but see 31.205-"]
[null,null,"33):"]
[null,null,"    (1) Costs of preparing invention disclosures, reports, and other "]
[null,null,"documents."]
[null,null,"    (2) Costs for searching the art to the extent necessary to make the "]
[null,null,"invention disclosures."]
[null,null,"    (3) Other costs in connection with the filing and prosecution of a "]
[null,null,"United States patent application where title or royalty-free license is "]
[null,null,"to be conveyed to the Government."]
[null,null,"    (b) General counseling services relating to patent matters, such as "]
[null,null,"advice on patent laws, regulations, clauses, and employee agreements, "]
[null,null,"are allowable (but see 31.205-33)."]
[null,null,"    (c) Other than those for general counseling services, patent costs "]
[null,null,"not required by the contract are unallowable. (See also 31.205-37.)"]
[]
[]
[]
[null,null,"31.205-31  Plant reconversion costs."]
[]
[null,null,"    Plant reconversion costs are those incurred in restoring or "]
[null,null,"rehabilitating the contractor's facilities to approximately the same "]
[null,null,"condition existing immediately before the start of the Government "]
[null,null,"contract, fair wear and tear excepted. Reconversion costs are "]
[null,null,"unallowable except for the cost of removing Government property and the "]
[null,null,"restoration or rehabilitation costs caused by such removal. However, in "]
[null,null,"special circumstances where equity so dictates, additional costs may be "]
[null,null,"allowed to the extent agreed upon before costs are incurred. Care should "]
[null,null,"be exercised to avoid duplication through allowance as contingencies, "]
[null,null,"additional profit or fee, or in other contracts."]
[]
[]
[]
[null,null,"31.205-32  Precontract costs."]
[]
[null,null,"    Precontract costs means costs incurred before the effective date of "]
[null,null,"the contract directly pursuant to the negotiation and in anticipation of "]
[null,null,"the contract award when such incurrence is necessary to comply with the "]
[null,null,"proposed contract delivery schedule. These costs are allowable to the "]
[null,null,"extent that they would have been allowable if incurred after the date of "]
[null,null,"the contract (see 31.109)."]
[]
[null,null,"[48 FR 42301, Sept. 19, 1983, as amended at 66 FR 2131, Jan. 10, 2001]"]
[]
[]
[]
[null,null,"31.205-33  Professional and consultant service costs."]
[]
[null,null,"    (a) Definition. Professional and consultant services, as used in "]
[null,null,"this subsection, means those services rendered by persons who are "]
[null,null,"members of a particular profession or possess a special skill and who "]
[null,null,"are not officers or employees of the contractor. Examples include those "]
[null,null,"services acquired by contractors or subcontractors in order to"]
[]
[null,null,"[[Page 722]]"]
[]
[null,null,"enhance their legal, economic, financial, or technical positions. "]
[null,null,"Professional and consultant services are generally acquired to obtain "]
[null,null,"information, advice, opinions, alternatives, conclusions, "]
[null,null,"recommendations, training, or direct assistance, such as studies, "]
[null,null,"analyses, evaluations, liaison with Government officials, or other forms "]
[null,null,"of representation."]
[null,null,"    (b) Costs of professional and consultant services are allowable "]
[null,null,"subject to this paragraph and paragraphs (c) through (f) of this "]
[null,null,"subsection when reasonable in relation to the services rendered and when "]
[null,null,"not contingent upon recovery of the costs from the Government (but see "]
[null,null,"31.205-30 and 31.205-47)."]
[null,null,"    (c) Costs of professional and consultant services performed under "]
[null,null,"any of the following circumstances are unallowable:"]
[null,null,"    (1) Services to improperly obtain, distribute, or use information or "]
[null,null,"data protected by law or regulation (e.g., 52.215-1(e), Restriction on "]
[null,null,"Disclosure and Use of Data)."]
[null,null,"    (2) Services that are intended to improperly influence the contents "]
[null,null,"of solicitations, the evaluation of proposals or quotations, or the "]
[null,null,"selection of sources for contract award, whether award is by the "]
[null,null,"Government, or by a prime contractor or subcontractor."]
[null,null,"    (3) Any other services obtained, performed, or otherwise resulting "]
[null,null,"in violation of any statute or regulation prohibiting improper business "]
[null,null,"practices or conflicts of interest."]
[null,null,"    (4) Services performed which are not consistent with the purpose and "]
[null,null,"scope of the services contracted for or otherwise agreed to."]
[null,null,"    (d) In determining the allowability of costs (including retainer "]
[null,null,"fees) in a particular case, no single factor or any special combination "]
[null,null,"of factors is necessarily determinative. However, the contracting "]
[null,null,"officer shall consider the following factors, among others:"]
[null,null,"    (1) The nature and scope of the service rendered in relation to the "]
[null,null,"service required."]
[null,null,"    (2) The necessity of contracting for the service, considering the "]
[null,null,"contractor's capability in the particular area."]
[null,null,"    (3) The past pattern of acquiring such services and their costs, "]
[null,null,"particularly in the years prior to the award of Government contracts."]
[null,null,"    (4) The impact of Government contracts on the contractor's business."]
[null,null,"    (5) Whether the proportion of Government work to the contractor's "]
[null,null,"total business is such as to influence the contractor in favor of "]
[null,null,"incurring the cost, particularly when the services rendered are not of a "]
[null,null,"continuing nature and have little relationship to work under Government "]
[null,null,"contracts."]
[null,null,"    (6) Whether the service can be performed more economically by "]
[null,null,"employment rather than by contracting."]
[null,null,"    (7) The qualifications of the individual or concern rendering the "]
[null,null,"service and the customary fee charged, especially on non-Government "]
[null,null,"contracts."]
[null,null,"    (8) Adequacy of the contractual agreement for the service (e.g., "]
[null,null,"description of the service, estimate of time required, rate of "]
[null,null,"compensation, termination provisions)."]
[null,null,"    (e) Retainer fees, to be allowable, must be supported by evidence "]
[null,null,"that--"]
[null,null,"    (1) The services covered by the retainer agreement are necessary and "]
[null,null,"customary;"]
[null,null,"    (2) The level of past services justifies the amount of the retainer "]
[null,null,"fees (if no services were rendered, fees are not automatically "]
[null,null,"unallowable);"]
[null,null,"    (3) The retainer fee is reasonable in comparison with maintaining an "]
[null,null,"in-house capability to perform the covered services, when factors such "]
[null,null,"as cost and level of expertise are considered; and"]
[null,null,"    (4) The actual services performed are documented in accordance with "]
[null,null,"paragraph (f) of this subsection."]
[null,null,"    (f) Fees for services rendered are allowable only when supported by "]
[null,null,"evidence of the nature and scope of the service furnished (see also "]
[null,null,"31.205-38(c)). However, retainer agreements generally are not based on "]
[null,null,"specific statements of work. Evidence necessary to determine that work "]
[null,null,"performed is proper and does not violate law or regulation shall "]
[null,null,"include--"]
[null,null,"    (1) Details of all agreements (e.g., work requirements, rate of "]
[null,null,"compensation, and nature and amount of other expenses, if any) with the "]
[null,null,"individuals or organizations providing the services and details of "]
[null,null,"actual services performed;"]
[]
[null,null,"[[Page 723]]"]
[]
[null,null,"    (2) Invoices or billings submitted by consultants, including "]
[null,null,"sufficient detail as to the time expended and nature of the actual "]
[null,null,"services provided; and"]
[null,null,"    (3) Consultants' work products and related documents, such as trip "]
[null,null,"reports indicating persons visited and subjects discussed, minutes of "]
[null,null,"meetings, and collateral memoranda and reports."]
[]
[null,null,"[55 FR 52793, Dec. 21, 1990; 57 FR 60610, Dec. 21, 1992; 62 FR 51271, "]
[null,null,"Sept. 30, 1997, as amended at 66 FR 2131; 68 FR 43872, July 24, 2003]"]
[]
[]
[]
[null,null,"31.205-34  Recruitment costs."]
[]
[null,null,"    (a) Subject to paragraph (b) of this subsection, the following costs "]
[null,null,"are allowable:"]
[null,null,"    (1) Costs of help-wanted advertising."]
[null,null,"    (2) Costs of operating an employment office needed to secure and "]
[null,null,"maintain an adequate labor force."]
[null,null,"    (3) Costs of operating an aptitude and educational testing program."]
[null,null,"    (4) Travel costs of employees engaged in recruiting personnel."]
[null,null,"    (5) Travel costs of applicants for interviews."]
[null,null,"    (6) Costs for employment agencies, not in excess of standard "]
[null,null,"commercial rates."]
[null,null,"    (b) Help-wanted advertising costs are unallowable if the "]
[null,null,"advertising--"]
[null,null,"    (1) Does not describe specific positions or classes of positions; or"]
[null,null,"    (2) Includes material that is not relevant for recruitment purposes, "]
[null,null,"such as extensive illustrations or descriptions of the company's "]
[null,null,"products or capabilities."]
[]
[null,null,"[48 FR 42301, Sept. 19, 1983, as amended at 64 FR 10547, Mar. 4, 1999]"]
[]
[]
[]
[null,null,"31.205-35  Relocation costs."]
[]
[null,null,"    (a) Relocation costs are costs incident to the permanent change of "]
[null,null,"assigned work location (for a period of 12 months or more) of an "]
[null,null,"existing employee or upon recruitment of a new employee. The following "]
[null,null,"types of relocation costs are allowable as noted, subject to the "]
[null,null,"limitations in paragraphs (b) and (f) of this subsection:"]
[null,null,"    (1) Costs of travel of the employee and members of the employee's "]
[null,null,"immediate family (see 31.205-46) and transportation of the household and "]
[null,null,"personal effects to the new location."]
[null,null,"    (2) Costs of finding a new home, such as advance trips by the "]
[null,null,"employee or the spouse, or both, to locate living quarters, and "]
[null,null,"temporary lodging during the transition period for the employee and "]
[null,null,"members of the employee's immediate family."]
[null,null,"    (3) Closing costs incident to the disposition of the actual "]
[null,null,"residence owned by the employee when notified of the transfer (e.g., "]
[null,null,"brokerage fees, legal fees, appraisal fees, points, and finance "]
[null,null,"charges), except that these costs, when added to the costs described in "]
[null,null,"paragraph (a)(4) of this subsection, shall not exceed 14 percent of the "]
[null,null,"sales price of the property sold."]
[null,null,"    (4) Continuing costs of ownership of the vacant former actual "]
[null,null,"residence being sold, such as maintenance of building and grounds "]
[null,null,"(exclusive of fixing up expenses), utilities, taxes, property insurance, "]
[null,null,"and mortgage interest, after the settlement date or lease date of a new "]
[null,null,"permanent residence, except that these costs, when added to the costs "]
[null,null,"described in paragraph (a)(3) of this subsection, shall not exceed 14 "]
[null,null,"percent of the sales price of the property sold."]
[null,null,"    (5) Other necessary and reasonable expenses normally incident to "]
[null,null,"relocation, such as disconnecting and connecting household appliances; "]
[null,null,"automobile registration; driver's license and use taxes; cutting and "]
[null,null,"fitting rugs, draperies, and curtains; forfeited utility fees and "]
[null,null,"deposits; and purchase of insurance against damage to or loss of "]
[null,null,"personal property while in transit."]
[null,null,"    (6) Costs incident to acquiring a home in the new work location, "]
[null,null,"except that--"]
[null,null,"    (i) These costs are not allowable for existing employees or newly "]
[null,null,"recruited employees who were not homeowners before the relocation; and"]
[null,null,"    (ii) The total costs shall not exceed 5 percent of the purchase "]
[null,null,"price of the new home."]
[null,null,"    (7) Mortgage interest differential payments, except that these costs "]
[null,null,"are not allowable for existing or newly recruited employees who, before "]
[null,null,"the relocation, were not homeowners and the total payments are limited "]
[null,null,"to an amount determined as follows:"]
[null,null,"    (i) The difference between the mortgage interest rates of the old "]
[null,null,"and new residences times the current balance of the old mortgage times 3 "]
[null,null,"years."]
[]
[null,null,"[[Page 724]]"]
[]
[null,null,"    (ii) When mortgage differential payments are made on a lump-sum "]
[null,null,"basis and the employee leaves or is transferred again in less than 3 "]
[null,null,"years, the amount initially recognized shall be proportionately adjusted "]
[null,null,"to reflect payments only for the actual time of the relocation."]
[null,null,"    (8) Rental differential payments covering situations where relocated "]
[null,null,"employees retain ownership of a vacated home in the old location and "]
[null,null,"rent at the new location. The rented quarters at the new location must "]
[null,null,"be comparable to those vacated, and the allowable differential payments "]
[null,null,"may not exceed the actual rental costs for the new home, less the fair "]
[null,null,"market rent for the vacated home times 3 years."]
[null,null,"    (9) Costs of canceling an unexpired lease."]
[null,null,"    (10) Payments for increased employee income or Federal Insurance "]
[null,null,"Contributions Act (26 U.S.C. chapter 21) taxes incident to allowable "]
[null,null,"reimbursed relocation costs."]
[null,null,"    (11) Payments for spouse employment assistance."]
[null,null,"    (b) The costs described in paragraph (a) of this subsection must "]
[null,null,"also meet the following criteria to be considered allowable:"]
[null,null,"    (1) The move must be for the benefit of the employer."]
[null,null,"    (2) Reimbursement must be in accordance with an established policy "]
[null,null,"or practice that is consistently followed by the employer and is "]
[null,null,"designed to motivate employees to relocate promptly and economically."]
[null,null,"    (3) The costs must not be otherwise unallowable under subpart 31.2."]
[null,null,"    (4) Amounts to be reimbursed shall not exceed the employee's actual "]
[null,null,"expenses, except as provided for in paragraphs (b)(5) and (b)(6) of this "]
[null,null,"subsection."]
[null,null,"    (5) For miscellaneous costs of the type discussed in paragraph "]
[null,null,"(a)(5) of this subsection, a lump-sum amount, not to exceed $5,000, may "]
[null,null,"be allowed in lieu of actual costs."]
[null,null,"    (6)(i) Reimbursement on a lump-sum basis may be allowed for any of "]
[null,null,"the following relocation costs when adequately supported by data on the "]
[null,null,"individual elements (e.g., transportation, lodging, and meals) "]
[null,null,"comprising the build-up of the lump-sum amount to be paid based on the "]
[null,null,"circumstances of the particular employee's relocation:"]
[null,null,"    (A) Costs of finding a new home, as discussed in paragraph (a)(2) of "]
[null,null,"this subsection."]
[null,null,"    (B) Costs of travel to the new location, as discussed in paragraph "]
[null,null,"(a)(1) of this subsection (but not costs for the transportation of "]
[null,null,"household goods)."]
[null,null,"    (C) Costs of temporary lodging, as discussed in paragraph (a)(2) of "]
[null,null,"this subsection."]
[null,null,"    (ii) When reimbursement on a lump-sum basis is used, any adjustments "]
[null,null,"to reflect actual costs are unallowable."]
[null,null,"    (c) The following types of costs are unallowable:"]
[null,null,"    (1) Loss on the sale of a home."]
[null,null,"    (2) Costs incident to acquiring a home in the new location as "]
[null,null,"follows:"]
[null,null,"    (i) Real estate brokers' fees and commissions."]
[null,null,"    (ii) Costs of litigation."]
[null,null,"    (iii) Real and personal property insurance against damage or loss of "]
[null,null,"property."]
[null,null,"    (iv) Mortgage life insurance."]
[null,null,"    (v) Owner's title policy insurance when such insurance was not "]
[null,null,"previously carried by the employee on the old residence. (However, the "]
[null,null,"cost of a mortgage title policy is allowable.)"]
[null,null,"    (vi) Property taxes and operating or maintenance costs."]
[null,null,"    (3) Continuing mortgage principal payments on a residence being "]
[null,null,"sold."]
[null,null,"    (4) Costs incident to furnishing equity or nonequity loans to "]
[null,null,"employees or making arrangements with lenders for employees to obtain "]
[null,null,"lower-than-market rate mortgage loans."]
[null,null,"    (d) If relocation costs for an employee have been allowed either as "]
[null,null,"an allocable indirect or direct cost, and the employee resigns within 12 "]
[null,null,"months for reasons within the employee's control, the contractor shall "]
[null,null,"refund or credit the relocation costs to the Government."]
[null,null,"    (e) Subject to the requirements of paragraphs (a) through (d) above, "]
[null,null,"the costs of family movements and of personnel movements of a special or "]
[null,null,"mass nature are allowable. The cost, however, should be assigned on the "]
[null,null,"basis of work (contracts) or time period benefited."]
[null,null,"    (f) Relocation costs (both outgoing and return) of employees who are "]
[null,null,"hired"]
[]
[null,null,"[[Page 725]]"]
[]
[null,null,"for performance on specific contracts or long-term field projects are "]
[null,null,"allowable if--"]
[null,null,"    (1) The term of employment is 12 months or more;"]
[null,null,"    (2) The employment agreement specifically limits the duration of "]
[null,null,"employment to the time spent on the contract or field project for which "]
[null,null,"the employee is hired;"]
[null,null,"    (3) The employment agreement provides for return relocation to the "]
[null,null,"employee's permanent and principal home immediately prior to the "]
[null,null,"outgoing relocation, or other location of equal or lesser cost; and"]
[null,null,"    (4) The relocation costs are determined under the rules of "]
[null,null,"paragraphs (a) through (d) above. However, the costs to return "]
[null,null,"employees, who are released from employment upon completion of field "]
[null,null,"assignments pursuant to their employment agreements, are not subject to "]
[null,null,"the refund or credit requirement of paragraph (d)."]
[]
[null,null,"[48 FR 42301, Sept. 19, 1983, as amended at 52 FR 9038, Mar. 20, 1987; "]
[null,null,"67 FR 43519, June 27, 2002; 70 FR 57470, Sept. 30, 2005]"]
[]
[]
[]
[null,null,"31.205-36  Rental costs."]
[]
[null,null,"    (a) This subsection is applicable to the cost of renting or leasing "]
[null,null,"real or personal property acquired under ``operating leases'' as defined "]
[null,null,"in Financial Accounting Standards Board's Accounting Standards "]
[null,null,"Codification (FASB ASC) 840, Leases. (See 31.205-11 for Capital Leases.)"]
[null,null,"    (b) The following costs are allowable:"]
[null,null,"    (1) Rental costs under operating leases, to the extent that the "]
[null,null,"rates are reasonable at the time of the lease decision, after "]
[null,null,"consideration of (i) rental costs of comparable property, if any; (ii) "]
[null,null,"market conditions in the area; (iii) the type, life expectancy, "]
[null,null,"condition, and value of the property leased; (iv) alternatives "]
[null,null,"available; and (v) other provisions of the agreement."]
[null,null,"    (2) Rental costs under a sale and leaseback arrangement only up to "]
[null,null,"the amount the contractor would be allowed if the contractor retained "]
[null,null,"title, computed based on the net book value of the asset on the date the "]
[null,null,"contractor becomes a lessee of the property adjusted for any gain or "]
[null,null,"loss recognized in accordance with 31.205-16(b)."]
[null,null,"    (3) Charges in the nature of rent for property between any "]
[null,null,"divisions, subsidiaries, or organization under common control, to the "]
[null,null,"extent that they do not exceed the normal costs of ownership, such as "]
[null,null,"depreciation, taxes, insurance, facilities capital cost of money, and "]
[null,null,"maintenance (excluding interest or other unallowable costs pursuant to "]
[null,null,"part 31), provided that no part of such costs shall duplicate any other "]
[null,null,"allowed cost. Rental cost of personal property leased from any division, "]
[null,null,"subsidiary, or affiliate of the contractor under common control, that "]
[null,null,"has an established practice of leasing the same or similar property to "]
[null,null,"unaffiliated lessees shall be allowed in accordance with subparagraph "]
[null,null,"(b)(1) above."]
[null,null,"    (c) The allowability of rental costs under unexpired leases in "]
[null,null,"connection with terminations is treated in 31.205-42(e)."]
[]
[null,null,"[48 FR 42301, Sept. 19, 1983, as amended at 51 FR 2665, Jan. 17, 1986; "]
[null,null,"61 FR 69288, Dec. 31, 1996; 68 FR 69248, Dec. 11, 2003; 70 FR 33676, "]
[null,null,"June 8, 2005; 77 FR 203, Jan. 3, 2012]"]
[]
[]
[]
[null,null,"31.205-37  Royalties and other costs for use of patents."]
[]
[null,null,"    (a) Royalties on a patent or amortization of the cost of purchasing "]
[null,null,"a patent or patent rights necessary for the proper performance of the "]
[null,null,"contract and applicable to contract products or processes are allowable "]
[null,null,"unless--"]
[null,null,"    (1) The Government has a license or the right to a free use of the "]
[null,null,"patent;"]
[null,null,"    (2) The patent has been adjudicated to be invalid, or has been "]
[null,null,"administratively determined to be invalid;"]
[null,null,"    (3) The patent is considered to be unenforceable; or"]
[null,null,"    (4) The patent is expired."]
[null,null,"    (b) Care should be exercised in determining reasonableness when the "]
[null,null,"royalties may have been arrived at as a result of less-than-arm's-length "]
[null,null,"bargaining; e.g., royalties--"]
[null,null,"    (1) Paid to persons, including corporations, affiliated with the "]
[null,null,"contractor;"]
[null,null,"    (2) Paid to unaffiliated parties, including corporations, under an "]
[null,null,"agreement entered into in contemplation that a Government contract would "]
[null,null,"be awarded; or"]
[null,null,"    (3) Paid under an agreement entered into after the contract award."]
[]
[null,null,"[[Page 726]]"]
[]
[null,null,"    (c) In any case involving a patent formerly owned by the contractor, "]
[null,null,"the royalty amount allowed should not exceed the cost which would have "]
[null,null,"been allowed had the contractor retained title."]
[null,null,"    (d) See 31.109 regarding advance agreements."]
[]
[]
[]
[null,null,"31.205-38  Selling costs."]
[]
[null,null,"    (a) ``Selling'' is a generic term encompassing all efforts to market "]
[null,null,"the contractor's products or services, some of which are covered "]
[null,null,"specifically in other subsections of 31.205. The costs of any selling "]
[null,null,"efforts other than those addressed in this cost principle are "]
[null,null,"unallowable."]
[null,null,"    (b) Selling activity includes the following broad categories:"]
[null,null,"    (1) Advertising. Advertising is defined at 31.205-1(b), and "]
[null,null,"advertising costs are subject to the allowability provisions of 31.205-"]
[null,null,"1(d) and (f)."]
[null,null,"    (2) Corporate image enhancement. Corporate image enhancement "]
[null,null,"activities, including broadly targeted sales efforts, other than "]
[null,null,"advertising, are included within the definition of public relations at "]
[null,null,"31.205-1(a), and the costs of such efforts are subject to the "]
[null,null,"allowability provisions at 31.205-1(e) and (f)."]
[null,null,"    (3) Bid and proposal costs. Bid and proposal costs are defined at "]
[null,null,"31.205-18 and are subject to the allowability provisions of that "]
[null,null,"subsection."]
[null,null,"    (4) Market planning. Market planning involves market research and "]
[null,null,"analysis and general management planning concerned with development of "]
[null,null,"the contractor's business. Long-range market planning costs are subject "]
[null,null,"to the allowability provisions of 31.205-12. Other market planning costs "]
[null,null,"are allowable."]
[null,null,"    (5) Direct selling. Direct selling efforts are those acts or actions "]
[null,null,"to induce particular customers to purchase particular products or "]
[null,null,"services of the contractor. Direct selling is characterized by person-"]
[null,null,"to-person contact and includes such efforts as familiarizing a potential "]
[null,null,"customer with the contractor's products or services, conditions of sale, "]
[null,null,"service capabilities, etc. It also includes negotiation, liaison between "]
[null,null,"customer and contractor personnel, technical and consulting efforts, "]
[null,null,"individual demonstrations, and any other efforts having as their purpose "]
[null,null,"the application or adaptation of the contractor's products or services "]
[null,null,"for a particular customer's use. The cost of direct selling efforts is "]
[null,null,"allowable."]
[null,null,"    (c) Notwithstanding any other provision of this subsection, sellers' "]
[null,null,"or agents' compensation, fees, commissions, percentages, retainer or "]
[null,null,"brokerage fees, whether or not contingent upon the award of contracts, "]
[null,null,"are allowable only when paid to bona fide employees or established "]
[null,null,"commercial or selling agencies maintained by the contractor for the "]
[null,null,"purpose of securing business."]
[]
[null,null,"[68 FR 43872, July 24, 2003]"]
[]
[]
[]
[null,null,"31.205-39  Service and warranty costs."]
[]
[null,null,"    Service and warranty costs include those arising from fulfillment of "]
[null,null,"any contractual obligation of a contractor to provide services such as "]
[null,null,"installation, training, correcting defects in the products, replacing "]
[null,null,"defective parts, and making refunds in the case of inadequate "]
[null,null,"performance. When not inconsistent with the terms of the contract, "]
[null,null,"service and warranty costs are allowable. However, care should be "]
[null,null,"exercised to avoid duplication of the allowance as an element of both "]
[null,null,"estimated product cost and risk."]
[]
[null,null,"[48 FR 42301, Sept. 19, 1983, as amended at 66 FR 2131, Jan. 10, 2001]"]
[]
[]
[]
[null,null,"31.205-40  Special tooling and special test equipment costs."]
[]
[null,null,"    (a) The terms special tooling and special test equipment are defined "]
[null,null,"in 2.101(b)."]
[null,null,"    (b) The cost of special tooling and special test equipment used in "]
[null,null,"performing one or more Government contracts is allowable and shall be "]
[null,null,"allocated to the specific Government contract or contracts for which "]
[null,null,"acquired, except that the cost of (1) items acquired by the contractor "]
[null,null,"before the effective date of the contract (or replacement of such "]
[null,null,"items), whether or not altered or adapted for use in performing the "]
[null,null,"contract, and (2) items which the contract schedule specifically "]
[null,null,"excludes, shall be allowable only as depreciation or amortization."]
[]
[null,null,"[[Page 727]]"]
[]
[null,null,"    (c) When items are disqualified as special tooling or special test "]
[null,null,"equipment because with relatively minor expense they can be made "]
[null,null,"suitable for general purpose use and have a value as such commensurate "]
[null,null,"with their value as special tooling or special test equipment, the cost "]
[null,null,"of adapting the items for use under the contract and the cost of "]
[null,null,"returning them to their prior configuration are allowable."]
[]
[null,null,"[48 FR 42301, Sept. 19, 1983, as amended at 72 FR 27384, May 15, 2007]"]
[]
[]
[]
[null,null,"31.205-41  Taxes."]
[]
[null,null,"    (a) The following types of costs are allowable:"]
[null,null,"    (1) Federal, State, and local taxes (see part 29), except as "]
[null,null,"otherwise provided in paragraph (b) below that are required to be and "]
[null,null,"are paid or accrued in accordance with generally accepted accounting "]
[null,null,"principles. Fines and penalties are not considered taxes."]
[null,null,"    (2) Taxes otherwise allowable under subparagraph (a)(1) above, but "]
[null,null,"upon which a claim of illegality or erroneous assessment exists; "]
[null,null,"provided the contractor, before paying such taxes--"]
[null,null,"    (i) Promptly requests instructions from the contracting officer "]
[null,null,"concerning such taxes; and"]
[null,null,"    (ii) Takes all action directed by the contracting officer arising "]
[null,null,"out of subparagraph (2)(i) above or an independent decision of the "]
[null,null,"Government as to the existence of a claim of illegality or erroneous "]
[null,null,"assessment, to (A) determine the legality of the assessment or (B) "]
[null,null,"secure a refund of such taxes."]
[null,null,"    (3) Pursuant to subparagraph (a)(2) above, the reasonable costs of "]
[null,null,"any action taken by the contractor at the direction or with the "]
[null,null,"concurrence of the contracting officer. Interest or penalties incurred "]
[null,null,"by the contractor for non-payment of any tax at the direction of the "]
[null,null,"contracting officer or by reason of the failure of the contracting "]
[null,null,"officer to ensure timely direction after a prompt request."]
[null,null,"    (4) The Environmental Tax found at section 59A of the Internal "]
[null,null,"Revenue Code, also called the ``Superfund Tax.''"]
[null,null,"    (b) The following types of costs are not allowable:"]
[null,null,"    (1) Federal income and excess profits taxes."]
[null,null,"    (2) Taxes in connection with financing, refinancing, refunding "]
[null,null,"operations, or reorganizations (see 31.205-20 and 31.205-27)."]
[null,null,"    (3) Taxes from which exemptions are available to the contractor "]
[null,null,"directly, or available to the contractor based on an exemption afforded "]
[null,null,"the Government, except when the contracting officer determines that the "]
[null,null,"administrative burden incident to obtaining the exemption outweighs the "]
[null,null,"corresponding benefits accruing to the Government. When partial "]
[null,null,"exemption from a tax is attributable to Government contract activity, "]
[null,null,"taxes charged to such work in excess of that amount resulting from "]
[null,null,"application of the preferential treatment are unallowable. These "]
[null,null,"provisions intend that tax preference attributable to Government "]
[null,null,"contract activity be realized by the Government. The term exemption "]
[null,null,"means freedom from taxation in whole or in part and includes a tax "]
[null,null,"abatement or reduction resulting from mode of assessment, method of "]
[null,null,"calculation, or otherwise."]
[null,null,"    (4) Special assessments on land that represent capital improvements."]
[null,null,"    (5) Taxes (including excises) on real or personal property, or on "]
[null,null,"the value, use, possession or sale thereof, which is used solely in "]
[null,null,"connection with work other than on Government contracts (see paragraph "]
[null,null,"(c) below)."]
[null,null,"    (6) Any excise tax in subtitle D, chapter 43 of the Internal Revenue "]
[null,null,"Code of 1986, as amended. That chapter includes excise taxes imposed in "]
[null,null,"connection with qualified pension plans, welfare plans, deferred "]
[null,null,"compensation plans, or other similar types of plans."]
[null,null,"    (7) Income tax accruals designed to account for the tax effects of "]
[null,null,"differences between taxable income and pretax income as reflected by the "]
[null,null,"books of account and financial statements."]
[null,null,"    (8) Any tax imposed under 26 U.S.C. 5000C."]
[null,null,"    (c) Taxes on property (see subparagraph (b)(5) above) used solely in "]
[null,null,"connection with either non-Government or Government work should be "]
[null,null,"considered directly applicable to the respective category of work unless "]
[null,null,"the amounts involved are insignificant or comparable results would "]
[null,null,"otherwise be obtained; e.g., taxes on contractor-owned"]
[]
[null,null,"[[Page 728]]"]
[]
[null,null,"work-in-process which is used solely in connection with non-Government "]
[null,null,"work should be allocated to such work; taxes on contractor-owned work-"]
[null,null,"in-process inventory (and Government-owned work-in-process inventory "]
[null,null,"when taxed) used solely in connection with Government work should be "]
[null,null,"charged to such work. The cost of taxes incurred on property used in "]
[null,null,"both Government and non-Government work shall be apportioned to all such "]
[null,null,"work based upon the use of such property on the respective final cost "]
[null,null,"objectives."]
[null,null,"    (d) Any taxes, interest, or penalties that were allowed as contract "]
[null,null,"costs and are refunded to the contractor shall be credited or paid to "]
[null,null,"the Government in the manner it directs. If a contractor or "]
[null,null,"subcontractor obtains a foreign tax credit that reduces its U.S. Federal "]
[null,null,"income tax return because of the payment of any tax or duty allowed as "]
[null,null,"contract costs, and if those costs were reimbursed by a foreign "]
[null,null,"government, the amount of the reduction shall be paid to the Treasurer "]
[null,null,"of the United States at the time the Federal income tax return is filed. "]
[null,null,"However, any interest actually paid or credited to a contractor incident "]
[null,null,"to a refund of tax, interest, or penalty shall be paid or credited to "]
[null,null,"the Government only to the extent that such interest accrued over the "]
[null,null,"period during which the contractor had been reimbursed by the Government "]
[null,null,"for the taxes, interest, or penalties."]
[]
[null,null,"[48 FR 42301, Sept. 19, 1983, as amended at 55 FR 3884, Feb. 5, 1990; 55 "]
[null,null,"FR 52794, Dec. 21, 1990; 61 FR 2641, Jan. 26, 1996; 78 FR 6191, Jan. 29, "]
[null,null,"2013]"]
[]
[]
[]
[null,null,"31.205-42  Termination costs."]
[]
[null,null,"    Contract terminations generally give rise to the incurrence of costs "]
[null,null,"or the need for special treatment of costs that would not have arisen "]
[null,null,"had the contract not been terminated. The following cost principles "]
[null,null,"peculiar to termination situations are to be used in conjunction with "]
[null,null,"the other cost principles in subpart 31.2:"]
[null,null,"    (a) Common items. The costs of items reasonably usable on the "]
[null,null,"contractor's other work shall not be allowable unless the contractor "]
[null,null,"submits evidence that the items could not be retained at cost without "]
[null,null,"sustaining a loss. The contracting officer should consider the "]
[null,null,"contractor's plans and orders for current and planned production when "]
[null,null,"determining if items can reasonably be used on other work of the "]
[null,null,"contractor. Contemporaneous purchases of common items by the contractor "]
[null,null,"shall be regarded as evidence that such items are reasonably usable on "]
[null,null,"the contractor's other work. Any acceptance of common items as allocable "]
[null,null,"to the terminated portion of the contract should be limited to the "]
[null,null,"extent that the quantities of such items on hand, in transit, and on "]
[null,null,"order are in excess of the reasonable quantitative requirements of other "]
[null,null,"work."]
[null,null,"    (b) Costs continuing after termination. Despite all reasonable "]
[null,null,"efforts by the contractor, costs which cannot be discontinued "]
[null,null,"immediately after the effective date of termination are generally "]
[null,null,"allowable. However, any costs continuing after the effective date of the "]
[null,null,"termination due to the negligent or willful failure of the contractor to "]
[null,null,"discontinue the costs shall be unallowable."]
[null,null,"    (c) Initial costs. Initial costs, including starting load and "]
[null,null,"preparatory costs, are allowable as follows:"]
[null,null,"    (1) Starting load costs not fully absorbed because of termination "]
[null,null,"are nonrecurring labor, material, and related overhead costs incurred in "]
[null,null,"the early part of production and result from factors such as--"]
[null,null,"    (i) Excessive spoilage due to inexperienced labor;"]
[null,null,"    (ii) Idle time and subnormal production due to testing and changing "]
[null,null,"production methods;"]
[null,null,"    (iii) Training; and"]
[null,null,"    (iv) Lack of familiarity or experience with the product, materials, "]
[null,null,"or manufacturing processes."]
[null,null,"    (2) Preparatory costs incurred in preparing to perform the "]
[null,null,"terminated contract include such costs as those incurred for initial "]
[null,null,"plant rearrangement and alterations, management and personnel "]
[null,null,"organization, and production planning. They do not include special "]
[null,null,"machinery and equipment and starting load costs."]
[null,null,"    (3) When initial costs are included in the settlement proposal as a "]
[null,null,"direct"]
[]
[null,null,"[[Page 729]]"]
[]
[null,null,"charge, such costs shall not also be included in overhead. Initial costs "]
[null,null,"attributable to only one contract shall not be allocated to other "]
[null,null,"contracts."]
[null,null,"    (4) If initial costs are claimed and have not been segregated on the "]
[null,null,"contractor's books, they shall be segregated for settlement purposes "]
[null,null,"from cost reports and schedules reflecting that high unit cost incurred "]
[null,null,"during the early stages of the contract."]
[null,null,"    (5) If the settlement proposal is on the inventory basis, initial "]
[null,null,"costs should normally be allocated on the basis of total end items "]
[null,null,"called for by the contract immediately before termination; however, if "]
[null,null,"the contract includes end items of a diverse nature, some other "]
[null,null,"equitable basis may be used, such as machine or labor hours."]
[null,null,"    (d) Loss of useful value. Loss of useful value of special tooling, "]
[null,null,"and special machinery and equipment is generally allowable, provided--"]
[null,null,"    (1) The special tooling, or special machinery and equipment is not "]
[null,null,"reasonably capable of use in the other work of the contractor;"]
[null,null,"    (2) The Government's interest is protected by transfer of title or "]
[null,null,"by other means deemed appropriate by the contracting officer; and"]
[null,null,"    (3) The loss of useful value for any one terminated contract is "]
[null,null,"limited to that portion of the acquisition cost which bears the same "]
[null,null,"ratio to the total acquisition cost as the terminated portion of the "]
[null,null,"contract bears to the entire terminated contract and other Government "]
[null,null,"contracts for which the special tooling, or special machinery and "]
[null,null,"equipment was acquired."]
[null,null,"    (e) Rental under unexpired leases. Rental costs under unexpired "]
[null,null,"leases, less the residual value of such leases, are generally allowable "]
[null,null,"when shown to have been reasonably necessary for the performance of the "]
[null,null,"terminated contract, if--"]
[null,null,"    (1) The amount of rental claimed does not exceed the reasonable use "]
[null,null,"value of the property leased for the period of the contract and such "]
[null,null,"further period as may be reasonable; and"]
[null,null,"    (2) The contractor makes all reasonable efforts to terminate, "]
[null,null,"assign, settle, or otherwise reduce the cost of such lease."]
[null,null,"    (f) Alterations of leased property. The cost of alterations and "]
[null,null,"reasonable restorations required by the lease may be allowed when the "]
[null,null,"alterations were necessary for performing the contract."]
[null,null,"    (g) Settlement expenses. (1) Settlement expenses, including the "]
[null,null,"following, are generally allowable:"]
[null,null,"    (i) Accounting, legal, clerical, and similar costs reasonably "]
[null,null,"necessary for--"]
[null,null,"    (A) The preparation and presentation, including supporting data, of "]
[null,null,"settlement claims to the contracting officer; and"]
[null,null,"    (B) The termination and settlement of subcontracts."]
[null,null,"    (ii) Reasonable costs for the storage, transportation, protection, "]
[null,null,"and disposition of property acquired or produced for the contract."]
[null,null,"    (iii) Indirect costs related to salary and wages incurred as "]
[null,null,"settlement expenses in (i) and (ii); normally, such indirect costs shall "]
[null,null,"be limited to payroll taxes, fringe benefits, occupancy costs, and "]
[null,null,"immediate supervision costs."]
[null,null,"    (2) If settlement expenses are significant, a cost account or work "]
[null,null,"order shall be established to separately identify and accumulate them."]
[null,null,"    (h) Subcontractor claims. Subcontractor claims, including the "]
[null,null,"allocable portion of the claims common to the contract and to other work "]
[null,null,"of the contractor, are generally allowable. An appropriate share of the "]
[null,null,"contractor's indirect expense may be allocated to the amount of "]
[null,null,"settlements with subcontractors; provided, that the amount allocated is "]
[null,null,"reasonably proportionate to the relative benefits received and is "]
[null,null,"otherwise consistent with 31.201-4 and 31.203(d). The indirect expense "]
[null,null,"so allocated shall exclude the same and similar costs claimed directly "]
[null,null,"or indirectly as settlement expenses."]
[]
[null,null,"[48 FR 42301, Sept. 19, 1983, as amended at 69 FR 17767, Apr. 5, 2004]"]
[]
[]
[]
[null,null,"31.205-43  Trade, business, technical, and professional activity costs."]
[]
[null,null,"    The following types of costs are allowable:"]
[null,null,"    (a) Memberships in trade, business, technical, and professional "]
[null,null,"organizations."]
[]
[null,null,"[[Page 730]]"]
[]
[null,null,"    (b) Subscriptions to trade, business, professional, or other "]
[null,null,"technical periodicals."]
[null,null,"    (c) When the principal purpose of a meeting, convention, conference, "]
[null,null,"symposium, or seminar is the dissemination of trade, business, technical "]
[null,null,"or professional information or the stimulation of production or improved "]
[null,null,"productivity:"]
[null,null,"    (1) Costs of organizing, setting up, and sponsoring the meetings, "]
[null,null,"conventions, symposia, etc., including rental of meeting facilities, "]
[null,null,"transportation, subsistence, and incidental costs;"]
[null,null,"    (2) Costs of attendance by contractor employees, including travel "]
[null,null,"costs (see 31.205-46); and"]
[null,null,"    (3) Costs of attendance by individuals who are not employees of the "]
[null,null,"contractor, provided;"]
[null,null,"    (i) Such costs are not also reimbursed to the individual by the "]
[null,null,"employing company or organization, and"]
[null,null,"    (ii) The individual's attendance is essential to achieve the purpose "]
[null,null,"of the conference, meeting, convention, symposium, etc."]
[]
[null,null,"[48 FR 42301, Sept. 19, 1983, as amended at 53 FR 27467, July 20, 1988; "]
[null,null,"60 FR 42660, Aug. 16, 1995]"]
[]
[]
[]
[null,null,"31.205-44  Training and education costs."]
[]
[null,null,"    Costs of training and education that are related to the field in "]
[null,null,"which the employee is working or may reasonably be expected to work are "]
[null,null,"allowable, except as follows:"]
[null,null,"    (a) Overtime compensation for training and education is unallowable."]
[null,null,"    (b) The cost of salaries for attending undergraduate level classes "]
[null,null,"or part-time graduate level classes during working hours is unallowable, "]
[null,null,"except when unusual circumstances do not permit attendance at such "]
[null,null,"classes outside of regular working hours."]
[null,null,"    (c) Costs of tuition, fees, training materials and textbooks, "]
[null,null,"subsistence, salary, and any other payments in connection with full-time "]
[null,null,"graduate level education are unallowable for any portion of the program "]
[null,null,"that exceeds two school years or the length of the degree program, "]
[null,null,"whichever is less."]
[null,null,"    (d) Grants to educational or training institutions, including the "]
[null,null,"donation of facilities or other properties, scholarships, and "]
[null,null,"fellowships are considered contributions and are unallowable."]
[null,null,"    (e) Training or education costs for other than bona fide employees "]
[null,null,"are unallowable, except that the costs incurred for educating employee "]
[null,null,"dependents (primary and secondary level studies) when the employee is "]
[null,null,"working in a foreign country where suitable public education is not "]
[null,null,"available may be included in overseas differential pay."]
[null,null,"    (f) Contractor contributions to college savings plans for employee "]
[null,null,"dependents are unallowable."]
[]
[null,null,"[70 FR 57472, Sept. 30, 2005]"]
[]
[]
[]
[null,null,"31.205-45  [Reserved]"]
[]
[]
[]
[null,null,"31.205-46  Travel costs."]
[]
[null,null,"    (a) Costs for transportation, lodging, meals, and incidental "]
[null,null,"expenses. (1) Costs incurred by contractor personnel on official company "]
[null,null,"business are allowable, subject to the limitations contained in this "]
[null,null,"subsection. Costs for transportation may be based on mileage rates, "]
[null,null,"actual costs incurred, or on a combination thereof, provided the method "]
[null,null,"used results in a reasonable charge. Costs for lodging, meals, and "]
[null,null,"incidental expenses may be based on per diem, actual expenses, or a "]
[null,null,"combination thereof, provided the method used results in a reasonable "]
[null,null,"charge."]
[null,null,"    (2) Except as provided in paragraph (a)(3) of this section, costs "]
[null,null,"incurred for lodging, meals, and incidental expenses (as defined in the "]
[null,null,"regulations cited in (a)(2) (i) through (iii) of this paragraph) shall "]
[null,null,"be considered to be reasonable and allowable only to the extent that "]
[null,null,"they do not exceed on a daily basis the maximum per diem rates in effect "]
[null,null,"at the time of travel as set forth in the--"]
[null,null,"    (i) Federal Travel Regulation, prescribed by the General Services "]
[null,null,"Administration, for travel in the contiguous United States, available on "]
[null,null,"a subscription basis from the Superintendent of Documents, U.S. "]
[null,null,"Government Printing Office, Washington, DC 20402, Stock No. 922-002-"]
[null,null,"00000-2;"]
[null,null,"    (ii) Joint Travel Regulations, Volume 2, DoD Civilian Personnel, "]
[null,null,"Appendix A, prescribed by the Department of Defense, for travel in "]
[null,null,"Alaska, Hawaii, and outlying areas of the United States, available on a "]
[null,null,"subscription basis from the Superintendent of Documents, U.S."]
[]
[null,null,"[[Page 731]]"]
[]
[null,null,"Government Printing Office, Washington, DC 20402, Stock No. 908-010-"]
[null,null,"00000-1; or"]
[null,null,"    (iii) Standardized Regulations (Government Civilians, Foreign Areas), "]
[null,null,"section 925, Maximum Travel Per Diem Allowances of Foreign Areas, "]
[null,null,"prescribed by the Department of State, for travel in areas not covered "]
[null,null,"in (a)(2) (i) and (ii) of this paragraph, available on a subscription "]
[null,null,"basis from the Superintendent of Documents, U.S. Government Printing "]
[null,null,"Office, Washington, DC 20402, Stock No. 744-088-00000-0."]
[null,null,"    (3) In special or unusual situations, actual costs in excess of the "]
[null,null,"above-referenced maximum per diem rates are allowable provided that such "]
[null,null,"amounts do not exceed the higher amounts authorized for Federal civilian "]
[null,null,"employees as permitted in the regulations referenced in (a)(2) (i), "]
[null,null,"(ii), or (iii) or this section. For such higher amounts to be allowable, "]
[null,null,"all of the following conditions must be met:"]
[null,null,"    (i) One of the conditions warranting approval of the actual expense "]
[null,null,"method, as set forth in the regulations referred in (a)(2) (i), (ii), or "]
[null,null,"(iii) of this section, must exist."]
[null,null,"    (ii) A written justification for use of the higher amounts must be "]
[null,null,"approved by an officer of the contractor's organization or designee to "]
[null,null,"ensure that the authority is properly administered and controlled to "]
[null,null,"prevent abuse."]
[null,null,"    (iii) If it becomes necessary to exercise the authority to use the "]
[null,null,"higher actual expense method repetitively or on a continuing basis in a "]
[null,null,"particular area, the contractor must obtain advance approval from the "]
[null,null,"contracting officer."]
[null,null,"    (iv) Documentation to support actual costs incurred shall be in "]
[null,null,"accordance with the contractor's established practices, subject to "]
[null,null,"paragraph (a)(7) of this subsection, and provided that a receipt is "]
[null,null,"required for each expenditure of $75.00 or more. The approved "]
[null,null,"justification required by paragraph (a)(3)(ii) and, if applicable, "]
[null,null,"paragraph (a)(3)(iii) of this subsection must be retained."]
[null,null,"    (4) Subparagraphs (a)(2) and (a)(3) of this subsection do not "]
[null,null,"incorporate the regulations cited in subdivisions (a)(2)(i), (ii), and "]
[null,null,"(iii) of this subsection in their entirety. Only the maximum per diem "]
[null,null,"rates, the definitions of lodging, meals, and incidental expenses, and "]
[null,null,"the regulatory coverage dealing with special or unusual situations are "]
[null,null,"incorporated herein."]
[null,null,"    (5) An advance agreement (see 31.109) with respect to compliance "]
[null,null,"with paragraphs (a)(2) and (a)(3) of this section may be useful and "]
[null,null,"desirable."]
[null,null,"    (6) The maximum per diem rates referenced in subparagraph (a)(2) of "]
[null,null,"this subsection generally would not constitute a reasonable daily "]
[null,null,"charge--"]
[null,null,"    (i) When no lodging costs are incurred; and/or"]
[null,null,"    (ii) On partial travel days (e.g., day of departure and return)."]
[null,null,"    Appropriate downward adjustments from the maximum per diem rates "]
[null,null,"would normally be required under these circumstances. While these "]
[null,null,"adjustments need not be calculated in accordance with the Federal Travel "]
[null,null,"Regulation or Joint Travel Regulations, they must result in a reasonable "]
[null,null,"charge."]
[null,null,"    (7) Costs shall be allowable only if the following information is "]
[null,null,"documented:"]
[null,null,"    (i) Date and place (city, town, or other similar designation) of the "]
[null,null,"expenses;"]
[null,null,"    (ii) Purpose of the trip; and"]
[null,null,"    (iii) Name of person on trip and that person's title or relationship "]
[null,null,"to the contractor."]
[null,null,"    (b) Airfare costs in excess of the lowest priced airfare available "]
[null,null,"to the contractor during normal business hours are unallowable except "]
[null,null,"when such accommodations require circuitous routing, require travel "]
[null,null,"during unreasonable hours, excessively prolong travel, result in "]
[null,null,"increased cost that would offset transportation savings, are not "]
[null,null,"reasonably adequate for the physical or medical needs of the traveler, "]
[null,null,"or are not reasonably available to meet mission requirements. However, "]
[null,null,"in order for airfare costs in excess of the above airfare to be "]
[null,null,"allowable, the applicable condition(s) set forth above must be "]
[null,null,"documented and justified."]
[null,null,"    (c)(1) Cost of travel by contractor-owned, -leased, or -chartered "]
[null,null,"aircraft, as used in this subparagraph, includes the cost of lease, "]
[null,null,"charter, operation (including personnel), maintenance, depreciation, "]
[null,null,"insurance, and other related costs."]
[]
[null,null,"[[Page 732]]"]
[]
[null,null,"    (2) The costs of travel by contractor-owned, -leased, or -chartered "]
[null,null,"aircraft are limited to the allowable airfare described in paragraph (b) "]
[null,null,"of this subsection for the flight destination unless travel by such "]
[null,null,"aircraft is specifically required by contract specification, term, or "]
[null,null,"condition, or a higher amount is approved by the contracting officer. A "]
[null,null,"higher amount may be agreed to when one or more of the circumstances for "]
[null,null,"justifying higher than allowable airfare listed in paragraph (b) of this "]
[null,null,"subsection are applicable, or when an advance agreement under paragraph "]
[null,null,"(c)(3) of this subsection has been executed. In all cases, travel by "]
[null,null,"contractor-owned, -leased, or -chartered aircraft must be fully "]
[null,null,"documented and justified. For each contractor-owned, -leased, or -"]
[null,null,"chartered aircraft used for any business purpose which is charged or "]
[null,null,"allocated, directly or indirectly, to a Government contract, the "]
[null,null,"contractor must maintain and make available manifest/logs for all "]
[null,null,"flights on such company aircraft. As a minimum, the manifest/log shall "]
[null,null,"indicate--"]
[null,null,"    (i) Date, time, and points of departure;"]
[null,null,"    (ii) Destination, date, and time of arrival;"]
[null,null,"    (iii) Name of each passenger and relationship to the contractor;"]
[null,null,"    (iv) Authorization for trip; and"]
[null,null,"    (v) Purpose of trip."]
[null,null,"    (3) Where an advance agreement is proposed (see 31.109), "]
[null,null,"consideration may be given to the following:"]
[null,null,"    (i) Whether scheduled commercial airlines or other suitable, less "]
[null,null,"costly, travel facilities are available at reasonable times, with "]
[null,null,"reasonable frequency, and serve the required destinations conveniently."]
[null,null,"    (ii) Whether increased flexibility in scheduling results in time "]
[null,null,"savings and more effective use of personnel that would outweigh "]
[null,null,"additional travel costs."]
[null,null,"    (d) Costs of contractor-owned or leased automobiles, as used in this "]
[null,null,"paragraph, include the costs of lease, operation (including personnel), "]
[null,null,"maintenance, depreciation, insurance, etc. These costs are allowable, if "]
[null,null,"reasonable, to the extent that the automobiles are used for company "]
[null,null,"business. That portion of the cost of company-furnished automobiles that "]
[null,null,"relates to personal use by employees (including transportation to and "]
[null,null,"from work) is compensation for personal services and is unallowable as "]
[null,null,"stated in 31.205-6(m)(2)."]
[]
[null,null,"[48 FR 42301, Sept. 19, 1983, as amended at 51 FR 12301, Apr. 9, 1986; "]
[null,null,"51 FR 27489, July 31, 1986; 51 FR 36972, Oct. 16, 1986; 56 FR 41739, "]
[null,null,"Aug. 22, 1991; 57 FR 20377, May 12, 1992; 61 FR 31657, June 20, 1996; 62 "]
[null,null,"FR 40237, July 25, 1997; 62 FR 64933, Dec. 9, 1997; 68 FR 28083, May 22, "]
[null,null,"2003; 68 FR 56688, Oct. 1, 2003; 74 FR 65614, Dec. 10, 2009]"]
[]
[]
[]
[null,null,"31.205-47  Costs related to legal and other proceedings."]
[]
[null,null,"    (a) Definitions. As used in this subsection--"]
[null,null,"    Costs include, but are not limited to, administrative and clerical "]
[null,null,"expenses; the costs of legal services, whether performed by in-house or "]
[null,null,"private counsel; the costs of the services of accountants, consultants, "]
[null,null,"or others retained by the contractor to assist it; costs of employees, "]
[null,null,"officers, and directors; and any similar costs incurred before, during, "]
[null,null,"and after commencement of a judicial or administrative proceeding which "]
[null,null,"bears a direct relationship to the proceedings."]
[null,null,"    Fraud means--"]
[null,null,"    (1) Acts of fraud or corruption or attempts to defraud the "]
[null,null,"Government or to corrupt its agents;"]
[null,null,"    (2) Acts which constitute a cause for debarment or suspension under "]
[null,null,"9.406-2(a) and 9.407-2(a); and"]
[null,null,"    (3) Acts which violate the False Claims Act, 31 U.S.C., sections "]
[null,null,"3729-3731, or 41 U.S.C. chapter 87, Kickbacks."]
[null,null,"    Penalty, does not include restitution, reimbursement, or "]
[null,null,"compensatory damages."]
[null,null,"    Proceeding, includes an investigation."]
[null,null,"    (b) In accordance with 41 U.S.C. 4310 and 10 U.S.C. 2324(k), costs "]
[null,null,"incurred in connection with any proceeding brought by a Federal, State, "]
[null,null,"local, or foreign government, or by a contractor or subcontractor "]
[null,null,"employee submitting a whistleblower complaint of reprisal in accordance "]
[null,null,"with 41 U.S.C. 4712 or 10 U.S.C. 2409, for violation of, or a failure to "]
[null,null,"comply with, law or regulation by the contractor (including its agents "]
[null,null,"or employees), or costs incurred in connection with any proceeding "]
[null,null,"brought by a third party in the name of the"]
[]
[null,null,"[[Page 733]]"]
[]
[null,null,"United States under the False Claims Act, 31 U.S.C. 3730, are "]
[null,null,"unallowable if the result is--"]
[null,null,"    (1) In a criminal proceeding, a conviction;"]
[null,null,"    (2) In a civil or administrative proceeding, either a finding of "]
[null,null,"contractor liability where the proceeding involves an allegation of "]
[null,null,"fraud or similar misconduct; or imposition of a monetary penalty, or an "]
[null,null,"order issued by the agency head to the contractor or subcontractor to "]
[null,null,"take corrective action under 41 U.S.C. 4712 or 10 U.S.C. 2409, where the "]
[null,null,"proceeding does not involve an allegation of fraud or similar "]
[null,null,"misconduct;"]
[null,null,"    (3) A final decision by an appropriate official of an executive "]
[null,null,"agency to:"]
[null,null,"    (i) Debar or suspend the contractor;"]
[null,null,"    (ii) Rescind or void a contract; or"]
[null,null,"    (iii) Terminate a contract for default by reason of a violation or "]
[null,null,"failure to comply with a law or regulation;"]
[null,null,"    (4) Disposition of the matter by consent or compromise if the "]
[null,null,"proceeding could have led to any of the outcomes listed in subparagraphs "]
[null,null,"(b) (1) through (3) of this subsection (but see paragraphs (c) and (d) "]
[null,null,"of this subsection); or"]
[null,null,"    (5) Not covered by subparagraphs (b) (1) through (4) of this "]
[null,null,"subsection, but where the underlying alleged contractor misconduct was "]
[null,null,"the same as that which led to a different proceeding whose costs are "]
[null,null,"unallowable by reason of subparagraphs (b) (1) through (4) of this "]
[null,null,"subsection."]
[null,null,"    (c)(1) To the extent they are not otherwise unallowable, costs "]
[null,null,"incurred in connection with any proceeding under paragraph (b) of this "]
[null,null,"subsection commenced by the United States that is resolved by consent or "]
[null,null,"compromise pursuant to an agreement entered into between the contractor "]
[null,null,"and the United States, and which are unallowable solely because of "]
[null,null,"paragraph (b) of this subsection, may be allowed to the extent "]
[null,null,"specifically provided in such agreement."]
[null,null,"    (2)(i) In the event of a settlement of any proceeding brought by a "]
[null,null,"third party under the False Claims Act in which the United States did "]
[null,null,"not intervene, reasonable costs incurred by the contractor in connection "]
[null,null,"with such a proceeding that are not otherwise unallowable by regulation "]
[null,null,"or by separate agreement with the United States may be allowed if the "]
[null,null,"contracting officer, in consultation with his or her legal advisor, "]
[null,null,"determines that there was very little likelihood that the third party "]
[null,null,"would have been successful on the merits."]
[null,null,"    (ii) In the event of disposition by consent or compromise of a "]
[null,null,"proceeding brought by a whistleblower for alleged reprisal in accordance "]
[null,null,"with 41 U.S.C. 4712 or 10 U.S.C. 2409, reasonable costs incurred by a "]
[null,null,"contractor or subcontractor in connection with such a proceeding that "]
[null,null,"are not otherwise unallowable by regulation or by agreement with the "]
[null,null,"United States may be allowed if the contracting officer, in consultation "]
[null,null,"with his or her legal advisor, determined that there was very little "]
[null,null,"likelihood that the claimant would have been successful on the merits."]
[null,null,"    (d) To the extent that they are not otherwise unallowable, costs "]
[null,null,"incurred in connection with any proceeding under paragraph (b) of this "]
[null,null,"subsection commenced by a State, local, or foreign government may be "]
[null,null,"allowable when the contracting officer (or other official specified in "]
[null,null,"agency procedures) determines, that the costs were incurred either:"]
[null,null,"    (1) As a direct result of a specific term or condition of a Federal "]
[null,null,"contract; or"]
[null,null,"    (2) As a result of compliance with specific written direction of the "]
[null,null,"cognizant contracting officer."]
[null,null,"    (e) Costs incurred in connection with proceedings described in "]
[null,null,"paragraph (b) of this subsection, but which are not made unallowable by "]
[null,null,"that paragraph, may be allowable to the extent that:"]
[null,null,"    (1) The costs are reasonable in relation to the activities required "]
[null,null,"to deal with the proceeding and the underlying cause of action;"]
[null,null,"    (2) The costs are not otherwise recovered from the Federal "]
[null,null,"Government or a third party, either directly as a result of the "]
[null,null,"proceeding or otherwise; and"]
[null,null,"    (3) The percentage of costs allowed does not exceed the percentage "]
[null,null,"determined to be appropriate considering the complexity of procurement "]
[null,null,"litigation, generally accepted principles governing the award of legal "]
[null,null,"fees in civil actions involving the United States as a party, and such "]
[null,null,"other factors as may"]
[]
[null,null,"[[Page 734]]"]
[]
[null,null,"be appropriate. Such percentage shall not exceed 80 percent. Agreements "]
[null,null,"reached under paragraph (c) of this subsection shall be subject to this "]
[null,null,"limitation. If, however, an agreement described in paragraph (c)(1) of "]
[null,null,"this subsection explicitly states the amount of otherwise allowable "]
[null,null,"incurred legal fees and limits the allowable recovery to 80 percent or "]
[null,null,"less of the stated legal fees, no additional limitation need be applied. "]
[null,null,"The amount of reimbursement allowed for legal costs in connection with "]
[null,null,"any proceeding described in paragraph (c)(2) of this subsection shall be "]
[null,null,"determined by the cognizant contracting officer, but shall not exceed 80 "]
[null,null,"percent of otherwise allowable legal costs incurred."]
[null,null,"    (f) Costs not covered elsewhere in this subsection are unallowable "]
[null,null,"if incurred in connection with--"]
[null,null,"    (1) Defense against Federal Government claims or appeals or the "]
[null,null,"prosecution of claims or appeals against the Federal Government (see "]
[null,null,"2.101)."]
[null,null,"    (2) Organization, reorganization, (including mergers and "]
[null,null,"acquisitions) or resisting mergers and acquisitions (see also 31.205-"]
[null,null,"27)."]
[null,null,"    (3) Defense of antitrust suits."]
[null,null,"    (4) Defense of suits brought by employees or ex-employees of the "]
[null,null,"contractor under section 2 of the Major Fraud Act of 1988 where the "]
[null,null,"contractor was found liable or settled."]
[null,null,"    (5) Costs of legal, accounting, and consultant services and directly "]
[null,null,"associated costs incurred in connection with the defense or prosecution "]
[null,null,"of lawsuits or appeals between contractors arising from either (i) an "]
[null,null,"agreement or contract concerning a teaming arrangement, a joint venture, "]
[null,null,"or similar arrangement of shared interest; or (ii) dual sourcing, "]
[null,null,"coproduction, or similar programs, are unallowable, except when (A) "]
[null,null,"incurred as a result of compliance with specific terms and conditions of "]
[null,null,"the contract or written instructions from the contracting officer, or "]
[null,null,"(B) when agreed to in writing by the contracting officer."]
[null,null,"    (6) Patent infringement litigation, unless otherwise provided for in "]
[null,null,"the contract."]
[null,null,"    (7) Representation of, or assistance to, individuals, groups, or "]
[null,null,"legal entities which the contractor is not legally bound to provide, "]
[null,null,"arising from an action where the participant was convicted of violation "]
[null,null,"of a law or regulation or was found liable in a civil or administrative "]
[null,null,"proceeding."]
[null,null,"    (8) Protests of Federal Government solicitations or contract awards, "]
[null,null,"or the defense against protests of such solicitations or contract "]
[null,null,"awards, unless the costs of defending against a protest are incurred "]
[null,null,"pursuant to a written request from the cognizant contracting officer."]
[null,null,"    (g) Costs which may be unallowable under 31.205-47, including "]
[null,null,"directly associated costs, shall be segregated and accounted for by the "]
[null,null,"contractor separately. During the pendency of any proceeding covered by "]
[null,null,"paragraph (b) and subparagraphs (f)(4) and (f)(7) of this subsection, "]
[null,null,"the contracting officer shall generally withhold payment of such costs. "]
[null,null,"However, if in the best interests of the Government, the contracting "]
[null,null,"officer may provide for conditional payment upon provision of adequate "]
[null,null,"security, or other adequate assurance, and agreement by the contractor "]
[null,null,"to repay all unallowable costs, plus interest, if the costs are "]
[null,null,"subsequently determined to be unallowable."]
[]
[null,null,"[48 FR 42301, Sept. 19, 1983]"]
[]
[null,null,"    Editorial Note: For Federal Register citations affecting Sec. "]
[null,null,"31.205-47, see the List of CFR Sections Affected, which appears in the "]
[null,null,"Finding Aids section of the printed volume and at www.fdsys.gov."]
[]
[]
[]
[null,null,"31.205-48  Research and development costs."]
[]
[null,null,"    Research and development, as used in this subsection, means the type "]
[null,null,"of technical effort described in 31.205-18 but sponsored by a grant or "]
[null,null,"required in the performance of a contract. When costs are incurred in "]
[null,null,"excess of either the price of a contract or amount of a grant for "]
[null,null,"research and development effort, the excess is unallowable under any "]
[null,null,"other Government contract."]
[]
[null,null,"[65 FR 46072, July 26, 2000, as amended at 68 FR 28092, May 22, 2003]"]
[]
[]
[]
[null,null,"31.205-49  Goodwill."]
[]
[null,null,"    Goodwill, an unidentifiable intangible asset, originates under the "]
[null,null,"purchase method of accounting for a business combination when the price "]
[null,null,"paid by the acquiring company exceeds the"]
[]
[null,null,"[[Page 735]]"]
[]
[null,null,"sum of the identifiable individual assets acquired less liabilities "]
[null,null,"assumed, based upon their fair values. The excess is commonly referred "]
[null,null,"to as goodwill. Goodwill may arise from the acquisition of a company as "]
[null,null,"a whole or a portion thereof. Any costs for amortization, expensing, "]
[null,null,"write-off, or write-down of goodwill (however represented) are "]
[null,null,"unallowable."]
[]
[null,null,"[49 FR 26743, June 29, 1984]"]
[]
[]
[]
[null,null,"31.205-50  [Reserved]"]
[]
[]
[]
[null,null,"31.205-51  Costs of alcoholic beverages."]
[]
[null,null,"    Costs of alcoholic beverages are unallowable."]
[]
[null,null,"[51 FR 12302, Apr. 9, 1986]"]
[]
[]
[]
[null,null,"31.205-52  Asset valuations resulting from business combinations."]
[]
[null,null,"    (a) For tangible capital assets, when the purchase method of "]
[null,null,"accounting for a business combination is used, whether or not the "]
[null,null,"contract or subcontract is subject to CAS, the allowable depreciation "]
[null,null,"and cost of money shall be based on the capitalized asset values "]
[null,null,"measured and assigned in accordance with 48 CFR 9904.404-50(d), if "]
[null,null,"allocable, reasonable, and not otherwise unallowable."]
[null,null,"    (b) For intangible capital assets, when the purchase method of "]
[null,null,"accounting for a business combination is used, allowable amortization "]
[null,null,"and cost of money shall be limited to the total of the amounts that "]
[null,null,"would have been allowed had the combination not taken place."]
[]
[null,null,"[63 FR 9068, Feb. 23, 1998]"]
[]
[null,null,"<bullet<bullet<bullet<bullet"]
[]
[null,null,"          Subpart 31.3_Contracts With Educational Institutions"]
[]
[]
[]
[null,null,"31.301  Purpose."]
[]
[null,null,"    This subpart provides the principles for determining the cost of "]
[null,null,"research and development, training, and other work performed by "]
[null,null,"educational institutions under contracts with the Government."]
[]
[]
[]
[null,null,"31.302  General."]
[]
[null,null,"    Office of Management and Budget (OMB) Circular No. A-21, Cost "]
[null,null,"Principles for Educational Institutions, revised, provides principles "]
[null,null,"for determining the costs applicable to research and development, "]
[null,null,"training, and other work performed by educational institutions under "]
[null,null,"contracts with the Government."]
[]
[]
[]
[null,null,"31.303  Requirements."]
[]
[null,null,"    (a) Contracts that refer to this subpart 31.3 for determining "]
[null,null,"allowable costs under contracts with educational institutions shall be "]
[null,null,"deemed to refer to, and shall have the allowability of costs determined "]
[null,null,"by the contracting officer in accordance with, the revision of OMB "]
[null,null,"Circular A-21 in effect on the date of the contract."]
[null,null,"    (b) Agencies are not expected to place additional restrictions on "]
[null,null,"individual items of cost."]
[]
[null,null,"Subparts 31.4-31.5 [Reserved]"]
[]
[]
[]
[null,null,"   Subpart 31.6_Contracts With State, Local, and Federally Recognized "]
[null,null,"                        Indian Tribal Governments"]
[]
[]
[]
[null,null,"31.601  Purpose."]
[]
[null,null,"    This subpart provides the principles for determining allowable cost "]
[null,null,"of contracts and subcontracts with State, local, and federally "]
[null,null,"recognized Indian tribal governments."]
[]
[]
[]
[null,null,"31.602  General."]
[]
[null,null,"    Office of Management and Budget (OMB) Circular No. A-87, Cost "]
[null,null,"Principles for State and Local Governments, Revised, sets forth the "]
[null,null,"principles for determining the allowable costs of contracts and "]
[null,null,"subcontracts with State, local, and federally recognized Indian tribal "]
[null,null,"governments. These principles are for cost determination and are not "]
[null,null,"intended to identify the circumstances or dictate the extent of Federal "]
[null,null,"and State or local participation in financing a particular contract."]
[]
[]
[]
[null,null,"31.603  Requirements."]
[]
[null,null,"    (a) Contracts that refer to this subpart 31.6 for determining "]
[null,null,"allowable costs under contracts with State, local and Indian tribal "]
[null,null,"governments shall be deemed to refer to, and shall have the allowability "]
[null,null,"of costs determined by the contracting officer in accordance with,"]
[]
[null,null,"[[Page 736]]"]
[]
[null,null,"the revision of OMB Circular A-87 which is in effect on the date of the "]
[null,null,"contract."]
[null,null,"    (b) Agencies are not expected to place additional restrictions on "]
[null,null,"individual items of cost. However, under 10 U.S.C. 2324(e) and 41 U.S.C. "]
[null,null,"4304(a), the following costs are unallowable:"]
[null,null,"    (1) Costs of entertainment, including amusement, diversion, and "]
[null,null,"social activities, and any costs directly associated with such costs "]
[null,null,"(such as tickets to shows or sports events, meals, lodging, rentals, "]
[null,null,"transportation, and gratuities)."]
[null,null,"    (2) Costs incurred to influence (directly or indirectly) legislative "]
[null,null,"action on any matter pending before Congress, a State legislature, or a "]
[null,null,"legislative body of a political subdivision of a State."]
[null,null,"    (3) Costs incurred in defense of any civil or criminal fraud "]
[null,null,"proceeding or similar proceeding (including filing of any false "]
[null,null,"certification) brought by the United States where the contractor is "]
[null,null,"found liable or has pleaded nolo contendere to a charge of fraud or "]
[null,null,"similar proceeding (including filing of a false certification)."]
[null,null,"    (4) Payments of fines and penalties resulting from violations of, or "]
[null,null,"failure to comply with, Federal, state, local, or foreign laws and "]
[null,null,"regulations, except when incurred as a result of compliance with "]
[null,null,"specific terms and conditions of the contract or specific written "]
[null,null,"instructions from the contracting officer authorizing in advance such "]
[null,null,"payments in accordance with applicable regulations in the FAR or an "]
[null,null,"executive agency supplement to the FAR."]
[null,null,"    (5) Costs of any membership in any social, dining, or country club "]
[null,null,"or organization."]
[null,null,"    (6) Costs of alcoholic beverages."]
[null,null,"    (7) Contributions or donations, regardless of the recipient."]
[null,null,"    (8) Costs of advertising designed to promote the contractor or its "]
[null,null,"products."]
[null,null,"    (9) Costs of promotional items and memorabilia, including models, "]
[null,null,"gifts, and souvenirs."]
[null,null,"    (10) Costs for travel by commercial aircraft which exceed the amount "]
[null,null,"of the standard commercial fare."]
[null,null,"    (11) Costs incurred in making any payment (commonly known as a "]
[null,null,"``golden parachute payment'') which is--"]
[null,null,"    (i) In an amount in excess of the normal severance pay paid by the "]
[null,null,"contractor to an employee upon termination of employment; and"]
[null,null,"    (ii) Is paid to the employee contingent upon, and following, a "]
[null,null,"change in management control over, or ownership of, the contractor or a "]
[null,null,"substantial portion of the contractor's assets."]
[null,null,"    (12) Costs of commercial insurance that protects against the costs "]
[null,null,"of the contractor for correction of the contractor's own defects in "]
[null,null,"materials or workmanship."]
[null,null,"    (13) Costs of severance pay paid by the contractor to foreign "]
[null,null,"nationals employed by the contractor under a service contract performed "]
[null,null,"outside the United States, to the extent that the amount of the "]
[null,null,"severance pay paid in any case exceeds the amount paid in the industry "]
[null,null,"involved under the customary or prevailing practice for firms in that "]
[null,null,"industry providing similar services in the United States, as determined "]
[null,null,"by regulations in the FAR or in an executive agency supplement to the "]
[null,null,"FAR."]
[null,null,"    (14) Costs of severance pay paid by the contractor to a foreign "]
[null,null,"national employed by the contractor under a service contract performed "]
[null,null,"in a foreign country if the termination of the employment of the foreign "]
[null,null,"national is the result of the closing of, or curtailment of activities "]
[null,null,"at, a United States facility in that country at the request of the "]
[null,null,"government of that country."]
[null,null,"    (15) Costs incurred by a contractor in connection with any criminal, "]
[null,null,"civil, or administrative proceedings commenced by the United States or a "]
[null,null,"State, to the extent provided in 10 U.S.C. 2324(k) or 41 U.S.C. 4310."]
[]
[null,null,"[48 FR 42301, Sept. 19, 1983, as amended at 42660, Aug. 16, 1995; 79 FR "]
[null,null,"24211, Apr. 29, 2014]"]
[]
[]
[]
[null,null,"           Subpart 31.7_Contracts With Nonprofit Organizations"]
[]
[]
[]
[null,null,"31.701  Purpose."]
[]
[null,null,"    This subpart provides the principles for determining the cost "]
[null,null,"applicable to work performed by nonprofit organizations under contracts "]
[null,null,"with the Government. A nonprofit organization, for"]
[]
[null,null,"[[Page 737]]"]
[]
[null,null,"purpose of identification, is defined as a business entity organized and "]
[null,null,"operated exclusively for charitable, scientific, or educational "]
[null,null,"purposes, of which no part of the net earnings inure to the benefit of "]
[null,null,"any private shareholder or individual, of which no substantial part of "]
[null,null,"the activities is carrying on propaganda or otherwise attempting to "]
[null,null,"influence legislation or participating in any political campaign on "]
[null,null,"behalf of any candidate for public office, and which are exempt from "]
[null,null,"federal income taxation under section 501 of the Internal Revenue Code."]
[]
[]
[]
[null,null,"31.702  General."]
[]
[null,null,"    Office of Management and Budget (OMB) Circular No. A-122, Cost "]
[null,null,"Principles for Nonprofit Organizations, sets forth principles for "]
[null,null,"determining the costs applicable to work performed by nonprofit "]
[null,null,"organizations under contracts (also applies to grants and other "]
[null,null,"agreements) with the Government."]
[]
[]
[]
[null,null,"31.703  Requirements."]
[]
[null,null,"    (a) Contracts which refer to this subpart 31.7 for determining "]
[null,null,"allowable costs shall be deemed to refer to, and shall have the "]
[null,null,"allowability of costs determined by the contracting officer in "]
[null,null,"accordance with, the revision of OMB Circular A-122 in effect on the "]
[null,null,"date of the contract."]
[null,null,"    (b) Agencies are not expected to place additional restrictions on "]
[null,null,"individual items of cost. However, under 10 U.S.C. 2324(e) and 41 U.S.C. "]
[null,null,"4304, the costs cited in 31.603(b) are unallowable."]
[]
[null,null,"[48 FR 42301, Sept. 19, 1983, as amended at 60 FR 42661, Aug. 16, 1995; "]
[null,null,"79 FR 24211, Apr. 29, 2014]"]