Title 41, Public ContractsRelease 119-110

§4305 Required Regulations

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

Last updated Sep 22, 2026|Official source

Summary

Require the Federal Acquisition Regulation (FAR) to set clear rules about which contractor costs are not allowed under covered contracts. The rules must cover 17 kinds of costs. They include things like air shows; memberships in civic, community, and professional groups; recruitment; employee morale and welfare; efforts to influence executive-branch decisions on rules or contracts; community relations; dining, hotel, and meal costs; travel; advertising; selling and marketing; conventions; company aircraft and cars; and professional or consulting services (including legal services) and compensation. The FAR must also make sure questioned costs are handled carefully. A contracting officer must not settle questioned costs until there is enough documentation and the contract auditor gives an opinion on whether the costs are allowed. When practical, the contract auditor should attend meetings or negotiations about a contractor’s indirect costs. Any settlement must show the exact amount of each questioned cost that is paid, as reported by the auditor.

Full Legal Text

Title 41, §4305

Public Contracts, Source: USLM XML via OLRC

(a)In General.—
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)Specific Items.—
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)Additional Requirements.—
(1)When questioned costs may be resolved.—
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)Presence of contract auditor.— (3) Settlement to reflect amount of individual questioned costs.—
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.

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 41, Public Contracts

Last Updated

Sep 22, 2026

Release point: 119-110