Subpart 931.1.Applicability
Sec.
931.102 Fixed-price contracts.
Subpart 931.2.Contracts With Commercial Organizations
931.205-18 Independent research and development and bid and proposal
costs.
931.205-32 Precontract costs.
Authority: 42 U.S.C. 7254; 40 U.S.C. 486(c).
Source: 49 FR 11936, Mar. 28, 1984, unless otherwise
noted.
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Subpart 931.1.Applicability
931.102 Fixed-price contracts.
The intent of the first sentence of FAR 31.102 is that
applicable subparts of FAR Part 31 shall be used by the
Government in (a) pricing fixed-price prime contracts
and modifications, (b) evaluating the reasonableness of
a prime contractor's (or prospective prime contractor's)
proposed subcontract (or subcontract modification)
prices, and (c) determining the allowability of
contractor payments to subcontractors in accordance
with the provisions of FAR 31.204(b).
[49 FR 12011, Mar. 28, 1984]
Subpart 931.2.Contracts With Commercial Organizations
931.205-18 Independent research and development (IR&D) and bid and proposal (B&P) costs.
(c)(2) IR&D costs are recoverable under DOE
contracts to the extent they are reasonable, allocable,
not otherwise unallowable, and have potential benefit
or relationship to the DOE program. The term ``DOE
program'' encompasses the DOE total mission and its
objectives. B&P costs are recoverable under DOE
contracts to the extent they are reasonable, allocable,
and not otherwise unallowable.
[49 FR 12011, Mar. 28, 1984; 60 FR 3004, Jun.7
1995]
(a) To the extent practical, known expenditures of
precontract costs under DOE contracts should be
governed by establishing advance understandings as
contemplated by FAR 31.109. Contracts that include
authorized precontract costs shall include the "Date of
Incurrence of Cost" clause specified at 952.231-70.
(b) The following limitations apply to establishment of
advance understandings relative to precontract costs:
(1) Precontract cost authorizations shall not be used to
cover a period in excess of 15 days, unless a longer
period is approved by the HCA based upon a written
finding that such an allowance is reasonable, and shall
not be extended or renewed. A copy of the findings
shall be forwarded to the Procurement Executive at the
time of approval. If prolonged coverage is necessary, a
letter contract shall be issued.
(2) All precontract cost authorizations shall be
reviewed and approved at a management level above
the contracting officer.
(3) Retroactive precontract cost authorization and the
predating of contractual agreements shall not be used.
(4) Precontract cost authorizations shall not authorize
the delivery or furnishing of any goods or services from
a contractor until after the contract is executed.
[49 FR 12011, Mar. 28, 1984; 49 FR 38951, Oct. 2, 1984]