Title 41Public ContractsRelease 119-73

§3906 Cost-reimbursement contracts

Title 41 › Subtitle Subtitle I— - Federal Procurement Policy › Chapter CHAPTER 39— - SPECIFIC TYPES OF CONTRACTS › § 3906

Last updated Apr 6, 2026|Official source

Summary

The Federal Acquisition Regulation must explain how and when agencies can use cost-reimbursement contracts. The rules must cover when those contracts are appropriate, what written findings an acquisition plan needs to justify them, and what staff and skills are needed to award and manage them. Executive agency means the same as in section 133 of this title. The Director of the Office of Management and Budget must send an annual report to Congress by March 1 covering the fiscal year that ended the prior September 30. The report must show the total number and value of all contracts and orders, the total number and value of cost-reimbursement contracts and orders, and an assessment of whether the rules are working. Reports were required from March 1, 2009, until March 1, 2014. The report goes to the House Oversight and Government Reform Committee, the Senate Homeland Security and Governmental Affairs Committee, the House and Senate Appropriations Committees, and, for the Defense and Energy Departments, the House and Senate Armed Services Committees.

Full Legal Text

Title 41, §3906

Public Contracts — Source: USLM XML via OLRC

(a)In this section, the term “executive agency” has the same meaning given in section 133 of this title.
(b)The Federal Acquisition Regulation shall address the use of cost-reimbursement contracts.
(c)The regulations promulgated under subsection (b) shall include guidance regarding—
(1)when and under what circumstances cost-reimbursement contracts are appropriate;
(2)the acquisition plan findings necessary to support a decision to use cost-reimbursement contracts; and
(3)the acquisition workforce resources necessary to award and manage cost-reimbursement contracts.
(d)(1)The Director of the Office of Management and Budget shall submit an annual report to Congressional committees identified in subsection (e) on the use of cost-reimbursement contracts and task or delivery orders by all executive agencies.
(2)The report shall include—
(A)the total number and value of contracts awarded and orders issued during the covered fiscal year;
(B)the total number and value of cost-reimbursement contracts awarded and orders issued during the covered fiscal year; and
(C)an assessment of the effectiveness of the regulations promulgated pursuant to subsection (b) in ensuring the appropriate use of cost-reimbursement contracts.
(3)(A)The report shall be submitted no later than March 1 and shall cover the fiscal year ending September 30 of the prior year.
(B)The report shall be submitted from March 1, 2009, until March 1, 2014.
(e)The report required by subsection (d) shall be submitted to—
(1)the Committee on Oversight and Government Reform of the House of Representatives;
(2)the Committee on Homeland Security and Governmental Affairs of the Senate;
(3)the Committees on Appropriations of the House of Representatives and the Senate; and
(4)in the case of the Department of Defense and the Department of Energy, the Committees on Armed Services of the Senate and the House of Representatives.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 390641:254 note.Pub. L. 110–417, [div. A], title VIII, § 864(a), (b), (d), (e), (f)(2), (g), Oct. 14, 2008, 122 Stat. 4549. In subsection (b), the words “Not later than 270 days after the date of the enactment of this Act” are omitted because of section 6(f) of the bill. The words “shall address” are substituted for “shall be revised to address” to reflect the permanence of the provision. In subsection (d), the words “Subject to subsection (f)” are omitted as unnecessary.

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023. Amendment of Federal Acquisition Regulation Pub. L. 111–350, § 6(f)(5), Jan. 4, 2011, 124 Stat. 3855, provided that: “The Federal Acquisition Regulation shall be amended to meet the requirements of section 3906(b) of title 41, United States Code, not later than 270 days after October 14, 2008.”

Reference

Citations & Metadata

Citation

41 U.S.C. § 3906

Title 41Public Contracts

Last Updated

Apr 6, 2026

Release point: 119-73