Title 41Public ContractsRelease 119-73

§1502 Cost accounting standards

Title 41 › Subtitle Subtitle I— - Federal Procurement Policy › Chapter CHAPTER 15— - COST ACCOUNTING STANDARDS › § 1502

Last updated Apr 6, 2026|Official source

Summary

The Cost Accounting Standards Board makes and changes rules about how companies count, assign, and report costs on federal contracts. The Board has the sole authority to set those rules. The Administrator, after talking with the Board, must set procedures that require a majority vote to adopt, change, or remove a rule. The law also says “subcontract” includes transfers of commercial products or services between a contractor’s divisions, subsidiaries, or affiliates. Agencies and contractors must follow the cost rules when they estimate, track, and report costs for negotiated prime contracts and subcontracts over $35,000,000, as adjusted under section 1908. The rules do not apply to purchases of commercial products or services, prices fixed by law or regulation, or firm fixed‑price contracts awarded after adequate price competition without certified cost data. The Board can exempt groups of contractors or allow waivers for individual contracts. An agency head may waive the rules for contracts under $100,000,000 (adjusted) if the seller mainly sells commercial products or services and would not otherwise be covered, or in exceptional situations with a written justification. Waiver authority cannot be given to officials below the agency’s senior policymaking level. The FAR must spell out who can grant waivers and when, and agencies must report waivers to the Board each year. Before issuing standards, the Board must consult stakeholders, weigh costs and benefits, publish a report, and allow at least 60 days for public comment. Final rules are legally binding, usually take effect within 120 days after final publication (unless more time is needed), and must be implemented no later than the start of the contractor’s or subcontractor’s second fiscal year after the rule takes effect. Rules must include explanatory comments and examples if needed. The FAR will require contractors to put their cost accounting practices in writing and to accept contract price adjustments, with interest, if Government payments increased because of accounting changes or noncompliance. Actions under this chapter are not subject to sections 551, 553–559, and 701–706 of title 5.

Full Legal Text

Title 41, §1502

Public Contracts — Source: USLM XML via OLRC

(a)(1)The Cost Accounting Standards Board has exclusive authority to prescribe, amend, and rescind cost accounting standards, and interpretations of the standards, designed to achieve uniformity and consistency in the cost accounting standards governing measurement, assignment, and allocation of costs to contracts with the Federal Government.
(2)The Administrator, after consultation with the Board, shall prescribe rules and procedures governing actions of the Board under this chapter. The rules and procedures shall require that any action to prescribe, amend, or rescind a standard or interpretation be approved by majority vote of the Board.
(b)(1)(A)In this paragraph, the term “subcontract” includes a transfer of commercial products or commercial services between divisions, subsidiaries, or affiliates of a contractor or subcontractor.
(B)Cost accounting standards prescribed under this chapter are mandatory for use by all executive agencies and by contractors and subcontractors in estimating, accumulating, and reporting costs in connection with the pricing and administration of, and settlement of disputes concerning, all negotiated prime contract and subcontract procurements with the Federal Government in excess 11 So in original. Probably should be followed by “of”. $35,000,000, as adjusted in accordance with applicable requirements of law, including requirements relating to inflation in section 1908 of this title.
(C)Subparagraph (B) does not apply to—
(i)a contract or subcontract (or the portion of a contract or subcontract) for the acquisition of a commercial product or commercial service;
(ii)a contract or subcontract (or the portion of a contract or subcontract) where the price negotiated is based on a price set by law or regulation; or
(iii)a firm, fixed-price contract or subcontract (or the portion of such contract or subcontract) awarded on the basis of adequate price competition without submission of certified cost or pricing data.
(2)The Board may—
(A)exempt classes of contractors and subcontractors from the requirements of this chapter; and
(B)establish procedures for the waiver of the requirements of this chapter for individual contracts and subcontracts.
(3)(A)The head of an executive agency may waive the applicability of the cost accounting standards for a contract or subcontract with a value of less than $100,000,000, as adjusted for inflation in accordance with section 1908 of this title, if that official determines in writing that the segment of the contractor or subcontractor that will perform the work—
(i)is primarily engaged in the sale of commercial products or commercial services; and
(ii)would not otherwise be subject to the cost accounting standards under this section.
(B)The head of an executive agency may waive the applicability of the cost accounting standards for a contract or subcontract under exceptional circumstances when necessary to meet the needs of the agency. A determination to waive the applicability of the standards under this subparagraph shall be set forth in writing and shall include a statement of the circumstances justifying the waiver.
(C)The head of an executive agency may not delegate the authority under subparagraph (A) or (B) to an official in the executive agency below the senior policymaking level in the executive agency.
(D)The Federal Acquisition Regulation shall include—
(i)criteria for selecting an official to be delegated authority to grant waivers under subparagraph (A) or (B); and
(ii)the specific circumstances under which the waiver may be granted.
(E)The head of each executive agency shall report the waivers granted under subparagraphs (A) and (B) for that agency to the Board on an annual basis.
(c)Before prescribing cost accounting standards and interpretations, the Board shall—
(1)take into account, after consultation and discussions with the Comptroller General, professional accounting organizations, contractors, and other interested parties—
(A)the probable costs of implementation, including any inflationary effects, compared to the probable benefits;
(B)the advantages, disadvantages, and improvements anticipated in the pricing and administration of, and settlement of disputes concerning, contracts; and
(C)the scope of, and alternatives available to, the action proposed to be taken;
(2)prepare and publish a report in the Federal Register on the issues reviewed under paragraph (1); and
(3)publish a notice of proposed rulemaking in the Federal Register and provide all parties affected at least 60 days after publication to submit their views and comments.
(d)Rules, regulations, cost accounting standards, and modifications thereof prescribed or amended under this chapter shall have the full force and effect of law, and shall become effective within 120 days after publication in the Federal Register in final form, unless the Board determines that a longer period is necessary. The Board shall determine implementation dates for contractors and subcontractors. The dates may not be later than the beginning of the second fiscal year of the contractor or subcontractor after the standard becomes effective.
(e)Rules, regulations, cost accounting standards, and modifications thereof prescribed or amended under this chapter shall be accompanied by prefatory comments and by illustrations, if necessary.
(f)The Board shall prescribe regulations for the implementation of cost accounting standards prescribed or interpreted under this section. The regulations shall be incorporated into the Federal Acquisition Regulation and shall require contractors and subcontractors as a condition of contracting with the Federal Government to—
(1)disclose in writing their cost accounting practices, including methods of distinguishing direct costs from indirect costs and the basis used for allocating indirect costs; and
(2)agree to a contract price adjustment, with interest, for any increased costs paid to the contractor or subcontractor by the Federal Government because of a change in the contractor’s or subcontractor’s cost accounting practices or a failure by the contractor or subcontractor to comply with applicable cost accounting standards.
(g)Functions exercised under this chapter are not subject to section 551, 553 to 559, and 701 to 706 of title 5.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 1502(a)41:422(f)(1), (3).Pub. L. 93–400, § 26(f), as added Pub. L. 100–679, § 5(a), Nov. 17, 1988, 102 Stat. 4060; Pub. L. 103–355, title II, § 2453, title VIII, § 8301(d), Oct. 13, 1994, 108 Stat. 3326, 3397; Pub. L. 104–106, title XLII, § 4205, title XLIII, § 4321(h)(4), Feb. 10, 1996, 110 Stat. 656, 675; Pub. L 106–65, title VIII, § 802(a), (b), Oct. 5, 1999, 113 Stat. 701; Pub. L 109–163, div. A, title VIII, § 822, Jan. 6, 2006, 119 Stat. 3386. 1502(b)(1)41:422(f)(2), (4). 1502(b)(2)41:422(f)(4). 1502(b)(3)41:422(f)(5). 1502(c)41:422(g)(1).Pub. L. 93–400, § 26(g), (h)(1), as added Pub. L. 100–679, § 5(a), Nov. 17, 1988, 102 Stat. 4061. 1502(d)41:422(g)(2) (1st, 2d sentences). 1502(e)41:422(g)(2) (last sentence). 1502(f)41:422(h)(1). 1502(g)41:422(g)(3). In subsection (a)(1), the word “make” is omitted as being included in “prescribe”. In subsection (b)(2)(A), the word “categories” is omitted as being included in “classes”. In subsection (b)(3)(A)(ii), the words “as in effect on or after the

Effective Date

of this paragraph” are omitted as obsolete.

Editorial Notes

Amendments

2025—Subsec. (b)(1)(B). Pub. L. 119–60, § 1806(d)(1)(A), substituted “$35,000,000, as” for “of the amount set forth in section 3702(a)(1)(A) of title 10 as the amount is” and inserted “, including requirements relating to inflation in section 1908 of this title” after “law”. Subsec. (b)(1)(C)(i), (ii). Pub. L. 119–60, § 1806(d)(1)(B)(i), inserted “(or the portion of a contract or subcontract)” after “a contract or subcontract”. Subsec. (b)(1)(C)(iii). Pub. L. 119–60, § 1806(d)(1)(B)(iii)(I), inserted “(or the portion of such contract or subcontract)” after “a firm, fixed-price contract or subcontract”. Subsec. (b)(1)(C)(iv). Pub. L. 119–60, § 1806(d)(1)(B)(ii), (iii)(II), (iv), struck out cl. (iv) which read as follows: “a contract or subcontract with a value of less than $7,500,000 if, when the contract or subcontract is entered into, the segment of the contractor or subcontractor that will perform the work has not been awarded at least one contract or subcontract with a value of more than $7,500,000 that is covered by the standards.” Subsec. (b)(3)(A). Pub. L. 119–60, § 1806(d)(2), which directed the insertion of “, as adjusted for inflation in accordance with section 1908 of this title,” after “$100,000,000” in “in paragraph (3), subparagraph (A)” without specifying the Code title or section to be amended, was executed by making the insertion in subsec. (b)(3)(A) of this section, to reflect the probable intent of Congress. Subsec. (c)(3), (4). Pub. L. 119–60, § 1806(e), struck out par. (3) and redesignated par. (4) as (3). Prior to amendment, par. (3) related to a requirement for advanced notice of proposed rulemaking. 2021—Subsec. (b)(1)(B). Pub. L. 117–81 substituted “section 3702(a)(1)(A)” for “section 2306a(a)(1)(A)(i)”. 2018—Subsec. (b)(1)(A). Pub. L. 115–232, § 836(b)(1)(A), substituted “commercial products or commercial services” for “commercial items”. Subsec. (b)(1)(C)(i). Pub. L. 115–232, § 836(b)(1)(B), substituted “commercial product or commercial service” for “commercial item”. Subsec. (b)(3)(A)(i). Pub. L. 115–232, § 836(b)(1)(C), substituted “commercial products or commercial services” for “commercial items”. 2016—Subsec. (b)(3)(A). Pub. L. 114–328 substituted “$100,000,000” for “$15,000,000” in introductory provisions.

Statutory Notes and Related Subsidiaries

Effective Date

of 2018 AmendmentAmendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a

Savings Provision

, see section 836(h) of Pub. L. 115–232, set out as an

Effective Date

of 2018 Amendment;

Savings Provision

note under section 453b of Title 6, Domestic Security.

Effective Date

of 2016 AmendmentAmendment by Pub. L. 114–328 effective Oct. 1, 2018, see section 820(d) of Pub. L. 114–328, set out as a note under section 1501 of this title.

Effective Date

of Amendment by Pub. L. 106–65;

Regulations

Implementation;

Construction

Pub. L. 106–65, div. A, title VIII, § 802(c)–(e), (g)–(i), Oct. 5, 1999, 113 Stat. 701, 702, provided that: “(c) Regulation on Types of CAS Coverage.—(1) The Administrator for Federal Procurement Policy shall revise the rules and procedures prescribed pursuant to section 26(f) of the Office of Federal Procurement Policy Act ([former] 41 U.S.C. 422(f)) [now 41 U.S.C. 1502(a), (b)] to the extent necessary to increase the thresholds established in section 9903.201–2 of title 48 of the Code of Federal

Regulations

from $25,000,000 to $50,000,000. “(2) Paragraph (1) requires only a change of the statement of a threshold condition in the regulation referred to by section number in that paragraph, and shall not be construed as—“(A) a ratification or expression of approval of—“(i) any aspect of the regulation; or “(ii) the manner in which section 26 of the Office of Federal Procurement Policy Act [now 41 U.S.C. 1501 et seq.] is administered through the regulation; or “(B) a requirement to apply the regulation. “(d) Implementation.—The Administrator for Federal Procurement Policy shall ensure that this section [see Tables for classification] and the

Amendments

made by this section are implemented in a manner that ensures that the Federal Government can recover costs, as appropriate, in a case in which noncompliance with cost accounting standards, or a change in the cost accounting system of a contractor segment or subcontractor segment that is not determined to be desirable by the Federal Government, results in a shift of costs from contracts that are not covered by the cost accounting standards to contracts that are covered by the cost accounting standards. “(e) Implementation of Requirements for Revision of

Regulations

.—(1) Final

Regulations

required by subsection (c) shall be issued not later than 180 days after the date of the enactment of this Act [Oct. 5, 1999]. “(2) Subsection (c) shall cease to be effective one year after the date on which final

Regulations

issued in accordance with that subsection take effect. “(g) Inapplicability of Standards to Certain Contracts.—The cost accounting standards issued pursuant to section 26(f) of the Office of Federal Procurement Policy Act ([former] 41 U.S.C. 422(f)) [now 41 U.S.C. 1502(a), (b)], as amended by this section, shall not apply during fiscal year 2000 with respect to a contract entered into under the authority provided in chapter 89 of title 5, United States Code (relating to health benefits for Federal employees). “(h)

Construction

Regarding Certain Not-For-Profit Entities.—The

Amendments

made by subsections (a) and (b) [see Tables for classification] shall not be construed as modifying or superseding, nor as intended to impair or restrict, the applicability of the cost accounting standards described in section 26(f) of the Office of Federal Procurement Policy Act ([former] 41 U.S.C. 422(f)) [now 41 U.S.C. 1502(a), (b)] to—“(1) any educational institution or federally funded research and development center that is associated with an educational institution in accordance with Office of Management and Budget Circular A–21, as in effect on January 1, 1999; or “(2) any contract with a nonprofit entity that provides research and development and related products or services to the Department of Defense. “(i)

Effective Date

.—The

Amendments

made by subsections (a) and (b) [see Tables for classification] shall take effect 180 days after the date of enactment of this Act [Oct. 5, 1999], and shall apply with respect to—“(1) contracts that are entered into on or after such

Effective Date

and “(2) determinations made on or after such

Effective Date

regarding whether a segment of a contractor or subcontractor is subject to the cost accounting standards under section 26(f) of the Office of Federal Procurement Policy Act ([former] 41 U.S.C. 422(f)) [now 41 U.S.C. 1502(a), (b)], regardless of whether the contracts on which such determinations are made were entered into before, on, or after such date.”

Regulations

Pub. L. 119–60, div. A, title XVIII, § 1806(d)(3), Dec. 18, 2025, 139 Stat. 1239, provided that: “Not later than 180 days after the date of the enactment of this Act [Dec. 18, 2025], the Administrator for Federal Procurement Policy shall issue such

Regulations

as are necessary to implement the

Amendments

made by this subsection [amending this section].” Changes to Applicability of Full Cost Accounting Standards Coverage Pub. L. 119–60, div. A, title XVIII, § 1806(a), Dec. 18, 2025, 139 Stat. 1237, provided that: “(1) In general.—Not later than 180 days after the date of the enactment of this Act [Dec. 18, 2025], the Administrator for Federal Procurement Policy shall revise the rules and procedures prescribed pursuant to subsections (a) and (b) of section 1502 of title 41, United States Code, to the extent necessary to increase the thresholds established in section 9903.201-2 of title 48, Code of Federal Regulation, from $50,000,000 to $100,000,000 (as adjusted for inflation in accordance with section 1908 of title 41, United States Code). “(2) Department of defense.—Not later than 120 days after the date of the enactment of this Act, the Secretary shall update the Department of Defense Supplement to the Federal Acquisition Regulation to require full compliance with cost accounting standards established under section 1502 of title 41, United States Code, only for an entity or subsidiary of an entity that—“(A) received a single contract award under such cost accounting standards with a value equal to or greater than $100,000,000 (as adjusted for inflation in accordance with section 1908 of title 41, United States Code); or “(B) received contracts during the cost accounting period that ended preceding the date of the report with a net value equal to or greater than $100,000,000 (as adjusted for inflation in accordance with section 1908 of title 41, United States Code).”

Reference

Citations & Metadata

Citation

41 U.S.C. § 1502

Title 41Public Contracts

Last Updated

Apr 6, 2026

Release point: 119-73