What 41 USC § 4304 - Specific Costs Not Allowable Under Federal Contracts requires
41 USC § 4304 (originally enacted as part of the Procurement Integrity Act-related amendments to cost principles; recodified by Pub. L. 111-350) lists categories of costs that are not allowable as charges to federal contracts: (1) entertainment costs including amusement, diversion, and social activities; (2) costs incurred to influence (directly or indirectly) legislative action on any matter; (3) costs of defending against civil or criminal fraud proceedings if the contractor is found liable; (4) payments of fines and penalties resulting from violations of, or failure to comply with, federal, state, local, or foreign laws and regulations; (5) costs of membership in any social, dining, or country club or organization; (6) costs of alcoholic beverages; (7) contributions or donations, regardless of the recipient; (8) costs of advertising designed to promote the contractor or its products; (9) costs of promotional items and memorabilia, including models, gifts, and souvenirs; the section is implemented through FAR Subpart 31.205 (Selected Costs - Definitions of Allowability) and applies to cost-reimbursement contracts, modifications to fixed-price contracts when cost data is used, and any contract requiring submission of cost data per 10 USC 3705 and 41 USC 3504.
Pillar: Public Sector & Government Procurement · Authority: United States Congress (Cost Principles for Federal Contracts; recodified into 41 USC Subtitle II Chapter 43 by Pub. L. 111-350, 4 January 2011) · Version: 1.0.0 · Last updated:
Primary source: https://www.law.cornell.edu/uscode/text/41/4304
SHA-256 integrity: b0918529cbc3883d7c9307905b5c4f83ef32b5f2b4469b48142b525f72da7bbc
Primary Citations — 5 traced to source
- 41 USC § 4304(a)(1) ENTERTAINMENT COSTS: 'Costs of entertainment, including amusement, diversion, and social activities and any directly associated costs such as tickets to shows or sports events, meals, lodging, rentals, transportation, and gratuities' are not allowable as charges to a covered contract
- 41 USC § 4304(a)(2) LOBBYING COSTS: 'Costs incurred to influence (directly or indirectly) legislative action on any matter pending before Congress, a State legislature, or a legislative body of a political subdivision of a State' are not allowable
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