Title 10, Armed ForcesRelease 119-102
§3749 Burden of Proof on Contractor
Title 10 › Subtitle A — General Military Law › PART V — ACQUISITION › Subpart D — General Contracting Provisions › CHAPTER 273 — ALLOWABLE COSTS › SUBCHAPTER I — GENERAL › § 3749
Summary
Requires a contractor to prove their indirect costs are reasonable when seeking reimbursement from the Department of Defense in federal courts.
Full Legal Text
Title 10, §3749
Armed Forces, Source: USLM XML via OLRC
In a proceeding before the Armed Services 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 Department of Defense is in issue, the burden of proof shall be upon the contractor to establish that those costs are reasonable.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Codification The text of subsec. (j) of section 2324 of this title, which was transferred to this section and amended by Pub. L. 116–283, § 1832(h), was based on Pub. L. 100–370, § 1(f)(3)(A), July 19, 1988, 102 Stat. 846; Pub. L. 103–355, title II, § 2101(a)(10), Oct. 13, 1994, 108 Stat. 3308.
Prior Provisions
A prior section 3749 was renumbered section 7279 of this title.
Amendments
2021—Pub. L. 116–283, § 1832(h), transferred subsec. (j) of section 2324 of this title to this section and struck out subsec. (j) designation and heading “Contractor To Have Burden of Proof” at beginning.
Statutory Notes and Related Subsidiaries
Effective Date
Section and amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as an
Effective Date
of 2021 Amendment note preceding section 3001 of this title.
Reference
Citations & Metadata
Citation
10 U.S.C. § 3749
Title 10, Armed Forces
Last Updated
Aug 21, 2026
Release point: 119-102