Part 231 - CONTRACT COST PRINCIPLES

AND PROCEDURES

Subpart 231.1 - APPLICABILITY

231.100 Scope of subpart.

231.100-70 Contract clause.

Subpart 231.2 - CONTRACTS WITH COMMERCIAL ORGANIZATIONS

231.205 Selected costs.

231.205-1 Public relations and advertising costs.

231.205-6 Compensation for personal services.

231.205-18 Independent research and development and bid and proposal costs.

231.205-19 Insurance and indemnification.

231.205-22 Lobbying and political activity costs.

231.205-70 External restructuring costs.

231.205-71 Costs related to counterfeit electronic parts and suspect counterfeit electronic parts.

Subpart 231.3 - CONTRACTS WITH EDUCATIONAL INSTITUTIONS

231.303 Requirements.

Subpart 231.6 - CONTRACTS WITH STATE, LOCAL, AND FEDERALLY

231.603 Requirements.

Subpart 231.7 - CONTRACTS WITH NONPROFIT ORGANIZATIONS

231.703 Requirements.

Parent topic: Defense Federal Acquisition Regulation

Subpart 231.1 - APPLICABILITY

231.100 Scope of subpart.

231.100-70 Contract clause.

Use the clause at 252.231-7000 , Supplemental Cost Principles, in all solicitations and contracts,
which are subject to the principles and procedures described in FAR Subparts 31.1, 31.2, 31.6, and

31.7.

When awarding qualified contracts in conjunction with the conveyance of a utility system under 10

U.S.C. 2688, "Utility Systems: Conveyance Authority," see DoD Class Deviation 2011-O0006, Utilities

Privatization –Class Deviation from FAR Part 31, dated March 31, 2011. This deviation is effective

until incorporated into the DFARS or rescinded.

Subpart 231.2 - CONTRACTS WITH COMMERCIAL

ORGANIZATIONS

231.205 Selected costs.

231.205-1 Public relations and advertising costs.

(e) See 225.7303-2 (e) for allowability provisions affecting foreign military sales contracts.

(f) Unallowable public relations and advertising costs include the following:

(1) Monies paid to the Government associated with the leasing of Government equipment, including

lease payments and reimbursements for support services, except for foreign military sales contracts

as provided for at 225.7303-2 .

231.205-6 Compensation for personal services.

(f)(1) In accordance with Section 8122 of Pub. L. 104-61, and similar sections in subsequent Defense

appropriations acts, costs for bonuses or other payments in excess of the normal salary paid by the

contractor to an employee, that are part of restructuring costs associated with a business

combination, are unallowable under DoD contracts funded by fiscal year 1996 or subsequent

appropriations. This limitation does not apply to severance payments or early retirement incentive

payments. (See 231.205-70 (b) for the definitions of “business combination” and “restructuring

costs.”)

(m)(1) Fringe benefit costs that are contrary to law, employer-employee agreement, or an

established policy of the contractor are unallowable.

231.205-18 Independent research and development and bid and proposal costs.

(a) Definitions. As used in this section—

“Covered contract” means a DoD prime contract for an amount exceeding the simplified acquisition

threshold, except for a fixed-price contract without cost incentives. The term also includes a

subcontract for an amount exceeding the simplified acquisition threshold, except for a fixed-price

subcontract without cost incentives under such a prime contract.
“Covered segment” means a product division of the contractor that allocated more than $1,100,000

in independent research and development (IR&D) costs and bid and proposal (B&P) costs to covered

contracts during the preceding fiscal year. In the case of a contractor that has no product divisions,

the term means that contractor as a whole. A product division of the contractor that allocated less

than $1,100,000 in IR&D costs and B&P costs to covered contracts during the preceding fiscal year

is not subject to the limitations in paragraph (c) of this section.

“Major contractor” means any contractor whose covered segments allocated a total of more than

$11 million in IR&D costs and B&P costs to covered contracts during the preceding fiscal year. For

purposes of calculating the dollar threshold amounts to determine whether a contractor meets the

definition of “major contractor,” do not include contractor segments allocating less than $1,100,000

of IR&D and B&P costs to covered contracts during the preceding fiscal year.

(c) Allowability.

(i) Departments/agencies shall not supplement this regulation in any way that limits IR&D cost

allowability and B&P cost allowability.

(ii) See 225.7303-2 (c) for allowability provisions affecting foreign military sale contracts.

(iii)(A) For IR&D costs major contractors incurred on covered contracts to be allowable—

(1) The contractor is required to report IR&D projects generating the IR&D costs to the Defense

Technical Information Center (DTIC) using the DTIC’s online input form and instructions at

https://defenseinnovationmarketplace.dtic.mil/industry-portal/ ;and

(2) The contractor is required to update its DTIC inputs at least annually, no later than 3 months

after the end of the contractor’s fiscal year, and when the project is completed.

(B) The amount of IR&D costs allowable under DoD contracts shall not exceed the lesser of—

(1) Such contracts’ allocable share of total incurred IR&D costs; or

(2) The total amount of incurred IR&D costs that the chief executive officer of the contractor has

determined will advance the needs of DoD for future technology and advanced capability as DoD

describes such needs in communications referenced at 242.771-3(c)(1)(i).

(C) Contractors that are not major contractors are encouraged to use the DTIC online input form and

instructions at https://defenseinnovationmarketplace.dtic.mil/industry-portal/ to report IR&D

projects in order to provide DoD with visibility into the technical content of the contractors’ IR&D

projects.

(iv) Contractors are required to report incurred IR&D costs separately from indirect costs.

(v) Contractors are required to report incurred B&P costs separately from other indirect costs.

231.205-19 Insurance and indemnification.

(e) In addition to the cost limitations in FAR 31.205-19(e), self-insurance and purchased insurance

costs are subject to the requirements of the clauses at 252.217-7012 , Liability and Insurance, and

252.228-7001 , Ground and Flight Risk.
231.205-22 Lobbying and political activity costs.

(a) Costs associated with preparing any material, report, list, or analysis on the actual or projected

economic or employment impact in a particular State or congressional district of an acquisition

program for which all research, development, testing, and evaluation has not been completed also

are unallowable (10 U.S.C. 4652).

231.205-70 External restructuring costs.

(a) Scope. This subsection—

(1) Prescribes policies and procedures for allowing contractor external restructuring costs when

savings would result for DoD; and

(2) Implements 10 U.S.C. 3761.

(b) Definitions. As used in this subsection:

(1) “Business combination” means a transaction whereby assets or operations of two or more

companies not previously under common ownership or control are combined, whether by merger,

acquisition, or sale/purchase of assets.

(2) “External restructuring activities” means restructuring activities occurring after a business

combination that affect the operations of companies not previously under common ownership or

control. They do not include restructuring activities occurring after a business combination that

affect the operations of only one of the companies not previously under common ownership or

control, or, when there has been no business combination, restructuring activities undertaken within

one company. External restructuring activities are a direct outgrowth of a business combination.

They normally will be initiated within 3 years of the business combination.

(3) “Restructuring activities” means nonroutine, nonrecurring, or extraordinary activities to combine

facilities, operations, or workforce, in order to eliminate redundant capabilities, improve future

operations, and reduce overall costs. Restructuring activities do not include routine or ongoing

repositionings and redeployments of a contractor’s productive facilities or workforce (e.g., normal

plant rearrangement or employee relocation), nor do they include other routine or ordinary activities

charged as indirect costs that would otherwise have been incurred (e.g., planning and analysis,

contract administration and oversight, or recurring financial and administrative support).

(4) “Restructuring costs” means the costs, including both direct and indirect, of restructuring

activities. Restructuring costs that may be allowed include, but are not limited to, severance pay for

employees, early retirement incentive payments for employees, employee retraining costs, relocation

expense for retained employees, and relocation and rearrangement of plant and equipment. For

purposes of this definition, if restructuring costs associated with external restructuring activities

allocated to DoD contracts are less than $2.5 million, the costs shall not be subject to the audit,

review, and determination requirements of paragraph (c)(4) of this subsection; instead, the normal

rules for determining cost allowability in accordance with FAR Part 31 shall apply.

(5) “Restructuring savings” means cost reductions, including both direct and indirect cost

reductions, that result from restructuring activities. Reassignments of cost to future periods are not

restructuring savings.
(c) Limitations on cost allowability. Restructuring costs associated with external restructuring

activities shall not be allowed unless—

(1) Such costs are allowable in accordance with FAR Part 31 and DFARS Part 231;

(2) An audit of projected restructuring costs and restructuring savings is performed;

(3) The cognizant administrative contracting officer (ACO) reviews the audit report and the

projected costs and projected savings, and negotiates an advance agreement in accordance with

paragraph (d) of this subsection; and

(4)(i) The official designated in paragraph (c)(4)(ii) of this subsection determines in writing that the

audited projected savings, on a present value basis, for DoD resulting from the restructuring will

exceed either—

(A) The costs allowed by a factor of at least two to one; or

(B) The costs allowed, and the business combination will result in the preservation of a critical

capability that might otherwise be lost to DoD.

(ii)(A) If the amount of restructuring costs is expected to exceed $25 million over a 5-year period, the

designated official is the Under Secretary of Defense (Acquisition and Sustainment) or the Principal

Deputy. This authority may not be delegated below the level of an Assistant Secretary of Defense.

(B) For all other cases, the designated official is the Director of the Defense Contract Management

Agency. The Director may not delegate this authority.

(d) Procedures and ACO responsibilities.As soon as it is known that the contractor will incur

restructuring costs for external restructuring activities, the cognizant ACO shall follow the

procedures at PGI 231.205-70 (d).

(e) Information needed to obtain a determination.

(1) The novation agreement (if one is required).

(2) The contractor’s restructuring proposal.

(3) The proposed advance agreement.

(4) The audit report.

(5) Any other pertinent information.

(6) The cognizant ACO’s recommendation for a determination. This recommendation must clearly

indicate one of the following, consistent with paragraph (c)(4)(i) of this subsection:

(i) The audited projected savings for DoD will exceed the costs allowed by a factor of at least two to

one on a present value basis.

(ii) The business combination will result in the preservation of a critical capability that might

otherwise be lost to DoD, and the audited projected savings for DoD will exceed the costs allowed on

a present value basis.

(f) Contracting officer responsibilities.
(1) The contracting officer, in consultation with the cognizant ACO, should consider including a

repricing clause in noncompetitive fixed-price contracts that are negotiated during the period

between—

(i) The time a business combination is announced; and

(ii) The time the contractor’s forward pricing rates are adjusted to reflect the impact of

restructuring.

(2) The decision to use a repricing clause will depend upon the particular circumstances involved,

including—

(i) When the restructuring will take place;

(ii) When restructuring savings will begin to be realized;

(iii) The contract performance period;

(iv) Whether the contracting parties are able to make a reasonable estimate of the impact of

restructuring on the contract; and

(v) The size of the potential dollar impact of restructuring on the contract.

(3) If the contracting officer decides to use a repricing clause, the clause must provide for a

downward-only price adjustment to ensure that DoD receives its appropriate share of restructuring

net savings.

231.205-71 Costs related to counterfeit electronic parts and suspect counterfeit electronic

parts.

(a) Scope. This section implements the requirements of section 818(c)(2), National Defense

Authorization Act for Fiscal Year 2012 (Pub. L. 112-81), as modified by section 833, National

Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239), and section 885 of the National

Defense Authorization Act for Fiscal Year 2016 (Pub. L. 114-92).

(b) The costs of counterfeit electronic parts and suspect counterfeit electronic parts and the costs of

rework or corrective action that may be required to remedy the use or inclusion of such parts are

unallowable, unless—

(1) The contractor has an operational system to detect and avoid counterfeit electronic parts and

suspect counterfeit electronic parts that has been reviewed and approved by DoD pursuant to

244.303 ;

(2) The counterfeit electronic parts or suspect counterfeit electronic parts are Government-furnished

property as defined in FAR 45.101 or were obtained by the contractor in accordance with the clause

at 252.246-7008 , Sources of Electronic Parts; and

(3) The contractor—

(i) Becomes aware of the counterfeit electronic parts or suspect counterfeit electronic parts through

inspection, testing, and authentication efforts of the contractor or its subcontractors; through a

Government Industry Data Exchange Program (GIDEP) alert; or by other means; and
(ii) Provides timely (i.e., within 60 days after the contractor becomes aware) written notice to—

(A) The cognizant contracting officer(s); and

(B) GIDEP (unless the contractor is a foreign corporation or partnership that does not have an office,

place of business, or fiscal paying agent in the United States; or the counterfeit electronic part or

suspect counterfeit electronic part is the subject of an on-going criminal investigation).

Subpart 231.3 - CONTRACTS WITH EDUCATIONAL

INSTITUTIONS

231.303 Requirements.

(1) Pursuant to section 841 of the National Defense Authorization Act for Fiscal Year 1994 (Pub. L.

103-160), no limitation may be placed on the reimbursement of otherwise allowable indirect costs

incurred by an institution of higher education under a DoD contract awarded on or after November

30, 1993, unless that same limitation is applied uniformly to all other organizations performing

similar work under DoD contracts. The 26 percent limitation imposed on administrative indirect

costs by OMB Circular No. A-21 shall not be applied to DoD contracts awarded on or after November

30, 1993, to institutions of higher education because the same limitation is not applied to other

organizations performing similar work.

(2) The cognizant administrative contracting officer may waive the prohibition in 231.303 (1) if the

governing body of the institution of higher education requests the waiver to simplify the institution’s

overall management of DoD cost reimbursements under DoD contracts.

(3) Under 10 U.S.C. 4652, the costs cited in 231.205-22 (a) are unallowable.

Subpart 231.6 - CONTRACTS WITH STATE, LOCAL, AND

FEDERALLY

RECOGNIZED INDIAN TRIBAL GOVERNMENTS

231.603 Requirements.

Under 10 U.S.C. 4652, the costs cited in 231.205-22 (a) are unallowable.

Subpart 231.7 - CONTRACTS WITH NONPROFIT

ORGANIZATIONS
231.703 Requirements.

Under 10 U.S.C. 4652, the costs cited in 231.205-22 (a) are unallowable.