Title 41 — Public ContractsRelease 119-73
§4309 Burden of proof on contractor
Title 41 › Subtitle Subtitle I— - Federal Procurement Policy › Chapter CHAPTER 43— - ALLOWABLE COSTS › § 4309
Summary
If a board of contract appeals, the U.S. Court of Federal Claims, or any other federal court is deciding whether the government should pay a contractor’s indirect costs, the contractor must prove those costs are reasonable.
Full Legal Text
Title 41, §4309
Public Contracts — Source: USLM XML via OLRC
In a proceeding before a board of contract appeals, the United States Court of Federal Claims, or any other Federal court in which the reasonableness of indirect costs for which a contractor seeks reimbursement from the Federal Government is in issue, the burden of proof is on the contractor to establish that those costs are reasonable.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Revised SectionSource (U.S. Code)Source (Statutes at Large) 430941:256(j).June 30, 1949, ch. 288, title III, § 306(j), 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. 3313.
Reference
Citations & Metadata
Citation
41 U.S.C. § 4309
Title 41 — Public Contracts
Last Updated
Apr 6, 2026
Release point: 119-73