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2026-07-06 10:51:44 -04:00

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LegalText 41 U.S.C. § 4305 Required regulations us united_states_code code_section 41 PUBLIC CONTRACTS 43 ALLOWABLE COSTS 4305 41 U.S.C. § 4305 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc41@119-100.zip /us/usc/t41/s4305 data/legal/raw/us/code/title-41/usc41.xml 11634d864cd38e934992a1c26ba4576b69effc7b7c1437dae20e3424b2527edc 0977ff7e7fefd99bbd25a86e009a9e4c2707301ec8c49233d17b6604e38702e3 ab44e35a8a5cf7235b5093555fe9d6fb923c38c0dbda8f02c119188b765f1478 2026-07-04 official
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41 U.S.C. § 4305 - Required regulations

Text

(a) In General.— The Federal Acquisition Regulation shall contain provisions on the allowability of contractor costs. Those provisions shall define in detail and in specific terms the costs that are unallowable, in whole or in part, under covered contracts.

(b) Specific Items.— The regulations shall, at a minimum, clarify the cost principles applicable to contractor costs of the following:

(1) Air shows.

(2) Membership in civic, community, and professional organizations.

(3) Recruitment.

(4) Employee morale and welfare.

(5) Actions to influence (directly or indirectly) executive branch action on regulatory and contract matters (other than costs incurred in regard to contract proposals pursuant to solicited or unsolicited bids).

(6) Community relations.

(7) Dining facilities.

(8) Professional and consulting services, including legal services.

(9) Compensation.

(10) Selling and marketing.

(11) Travel.

(12) Public relations.

(13) Hotel and meal expenses.

(14) Expense of corporate aircraft.

(15) Company-furnished automobiles.

(16) Advertising.

(17) Conventions.

(c) Additional Requirements.— (1) When questioned costs may be resolved.— The Federal Acquisition Regulation shall require that a contracting officer not resolve any questioned costs until the contracting officer has obtained—

(A) adequate documentation of those costs; and

(B) the opinion of the contract auditor on the allowability of those costs.

(2) Presence of contract auditor.— The Federal Acquisition Regulation shall provide that, to the maximum extent practicable, a contract auditor be present at any negotiation or meeting with the contractor regarding a determination of the allowability of indirect costs of the contractor.

(3) Settlement to reflect amount of individual questioned costs.— The Federal Acquisition Regulation shall require that all categories of costs designated in the report of a contract auditor as questioned with respect to a proposal for settlement be resolved in a manner so that the amount of the individual questioned costs that are paid will be reflected in the settlement.

(Pub. L. 111350, § 3, Jan. 4, 2011, 124 Stat. 3787.)

Notes

Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 4305(a)41:256(f)(1) (1st, 2d sentences).June 30, 1949, ch. 288, title III, § 306(f), as added Pub. L. 100700, § 8(a)(1), Nov. 19, 1988, 102 Stat. 4634; Pub. L. 103355, title II, § 2151, Oct. 13, 1994, 108 Stat. 3312. 4305(b)41:256(f)(1) (last sentence). 4305(c)41:256(f)(2)(4).