Title 41, Public ContractsRelease 119-110

§3906 Cost-reimbursement Contracts

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

Last updated Sep 22, 2026|Official source

Summary

Requires the Federal Acquisition Regulation to include rules about when and how to use cost-reimbursement contracts for executive agencies (the term “executive agency” is defined in section 133). The rules must explain when those contracts are appropriate, what findings are needed in the acquisition plan to approve them, and what staff and resources are needed to award and manage them. The Director of the Office of Management and Budget must send Congress an annual report on all executive agencies’ use of contracts and orders. Each report is due by March 1 and covers the fiscal year ending the prior September 30. Reports, sent from March 1, 2009 until March 1, 2014, must show total numbers and dollar values of contracts and orders, totals for cost-reimbursement ones, and an assessment of how well the new rules work. Reports go to the House Oversight Committee, the Senate Homeland Security and Governmental Affairs Committee, both House and Senate Appropriations Committees, and the House and Senate Armed Services Committees for the Department of Defense and Department of Energy.

Full Legal Text

Title 41, §3906

Public Contracts, Source: USLM XML via OLRC

(a)Definition.—
In this section, the term “executive agency” has the same meaning given in section 133 of this title.
(b)Regulations on the Use of Cost-Reimbursement Contracts.—
The Federal Acquisition Regulation shall address the use of cost-reimbursement contracts.
(c)Content.—
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)Annual Report.—
(1)In general.—
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)Contents.—
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)Time requirements.—
(A)Deadline.—
The report shall be submitted no later than March 1 and shall cover the fiscal year ending September 30 of the prior year.
(B)Limitation.—
The report shall be submitted from March 1, 2009, until March 1, 2014.
(e)Congressional Committees.—
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 41, Public Contracts

Last Updated

Sep 22, 2026

Release point: 119-110