10 USC 3322 - Cost contracts

U.S Code last checked for updates: Mar 14, 2025

§ 3322.

Cost contracts

(a)

Cost-plus-a-percentage-of-cost System of Contracting Prohibited.—

The cost-plus-a-percentage-of-cost system of contracting may not be used.

(b)

Cost-plus-a-fixed-fee Contracts.—

The fee for performing a cost-plus-a-fixed-fee contract for experimental, developmental, or research work may not be more than 15 percent of the estimated cost of the contract, not including the fee. The fee for performing a cost-plus-a-fixed-fee contract for architectural or engineering services for a public work or utility plus the cost of those services to the contractor may not be more than 6 percent of the estimated cost of that work or project, not including fees. The fee for performing any other cost-plus-a-fixed-fee contract may not be more than 10 percent of the estimated cost of the contract, not including the fee. Determinations under this subsection of the estimated costs of a contract or project shall be made by the head of the agency at the time the contract is made.

(c)

Advance Notice of Certain Subcontracts.—

(1)

In general.—

Except as provided in paragraph (2), each cost contract and each cost-plus-a-fixed-fee contract shall provide for notice to the agency by the contractor before the making, under the prime contract, of—

(A)

a cost-plus-a-fixed-fee subcontract; or

(B)

a fixed-price subcontract or purchase order involving more than the greater of (i) the simplified acquisition threshold, or (ii) 5 percent of the estimated cost of the prime contract.

(2)

Exception.—

Paragraph (1) shall not apply to a prime contract with a contractor that maintains a purchasing system approved by the contracting officer for the contract.

(d)

Limitation on Certain Options.—

(1)

In general.—

Except as provided by paragraph (2), a covered contract shall limit the number of low-rate production lots for any production quantities procured using fixed-priced options under such covered contract to not more than one.

(2)

Waiver.—

(A)

In general.—

The service acquisition executive of the military department concerned or, in the case of program that is a joint program, the Secretary of Defense may waive the limit required under paragraph (1) with respect to the number of low-rate production lots for a production quantity under a covered contract if such service acquisition executive or the Secretary of Defense, as applicable, determines that such waiver is in the best interest of the Department of Defense.

(B)

Delegation limit.—

Neither a service acquisition executive nor the Secretary of Defense may delegate the authority under subparagraph (A) to waive the limit required under paragraph (1) below the level of a service acquisition executive.

(3)

Definitions.—

In this subsection:

(A)

The term “covered contract” means a cost reimbursement contract for the development of a major system.

(B)

The term “low-rate initial production” has the same meaning as in section 4231 of this title.

(C)

The term “major system” has the meaning given such term in section 3041 of this title.

(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1817(a), (c), (e), (f), Jan. 1, 2021, 134 Stat. 4186, 4187; Pub. L. 118–159, div. A, title VIII, § 802(a), Dec. 23, 2024, 138 Stat. 1965.)

cite as: 10 USC 3322