48 CFR Part 1231 — Contract Cost Principles and Procedures

Authority: 5 U.S.C. 301; 41 U.S.C. 1121(c)(3); 41 U.S.C. 1702; and 48 CFR 1.301 through 1.304.

Source: 87 FR 61159, Oct. 7, 2022, unless otherwise noted.

Title 48 Federal Acquisition Regulations System

Chapter 12 Department of Transportation

Subchapter E General Contracting Requirements

Part 1231 Contract Cost Principles and Procedures

Subpart 1231.2 Contracts With Commercial Organizations

§ 1231.205 1231.205 Selected costs.

§ 1231.205-3270 1231.205-3270 Precontract costs—incurrence of costs.

(a) The decision to incur precontract costs is the responsibility of the contractor. DOT officials shall not authorize, demand, or require a contractor to incur precontract costs. The contracting officer may advise the prospective contractor that any costs incurred before contract award are at the contractor's sole risk and that if negotiations fail to result in a binding contract, payment of these costs may not be made by the Government.

(b) When the contracting officer determines that incurring precontract costs was necessary to meet the proposed contract delivery schedule of a cost-reimbursement contract, the clause at 1252.231-70, Date of Incurrence of Costs, may be inserted in the resultant contract.