Title 41Public ContractsRelease 119-73

§4305 Required regulations

Title 41 › Subtitle Subtitle I— - Federal Procurement Policy › Chapter CHAPTER 43— - ALLOWABLE COSTS › § 4305

Last updated Apr 6, 2026|Official source

Summary

The Federal Acquisition Regulation must include clear rules about which contractor costs are allowed and which are not. It must spell out in detail the unallowable costs and explain how cost rules apply to 17 types of expenses, such as event costs, memberships, hiring and recruitment, employee morale and welfare, efforts to influence executive-branch actions, community relations, facilities and travel, professional and legal services, pay, marketing, and advertising. A contracting officer must not settle any questioned costs until they have good documentation and the contract auditor’s opinion on whether the costs are allowable. To the maximum extent practicable, the auditor should be at any meeting or negotiation about the contractor’s indirect costs. Any auditor-flagged cost categories in a settlement proposal must be resolved so the settlement shows how much of each questioned cost is paid.

Full Legal Text

Title 41, §4305

Public Contracts — Source: USLM XML via OLRC

(a)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)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)(1)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)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)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.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (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. 100–700, § 8(a)(1), Nov. 19, 1988, 102 Stat. 4634; Pub. L. 103–355, title II, § 2151, Oct. 13, 1994, 108 Stat. 3312. 4305(b)41:256(f)(1) (last sentence). 4305(c)41:256(f)(2)–(4).

Reference

Citations & Metadata

Citation

41 U.S.C. § 4305

Title 41Public Contracts

Last Updated

Apr 6, 2026

Release point: 119-73