FAR 16.301-3 Limitations

Subsection Federal Acquisition Regulation

Facts

Citation
FAR 16.301-3
Type
Subsection
Last amended
86 FR 61017 Effective Dec 6, 2021
Proposed changes
1
Text as of
FAC 2026-01
Official text
acquisition.gov

Text from acquisition.gov. Federal Register history from the Federal Register's records of the rules that amended this subsection.

Text

(a) A cost-reimbursement contract may be used only when **

(1) The factors in 16.104 have been considered;

(2) A written acquisition plan has been approved and signed at least one level above the contracting officer;

(3) The contractor’s accounting system is adequate for determining costs applicable to the contract or order; and

(4) Prior to award of the contract or order, adequate Government resources are available to award and manage a contract other than firm-fixed-priced (see 7.104(e)). This includes appropriate Government surveillance during performance in accordance with 1.602-2, to provide reasonable assurance that efficient methods and effective cost controls are used.

(b) The use of cost-reimbursement contracts is prohibited for the acquisition of commercial products and commercial services (see parts 2 and 12).

Federal Register history

Final rule Published Effective
Federal Acquisition Regulation: Revision of Definition of “Commercial Item” 86 FR 61017 · FAC 2022-01
Federal Acquisition Regulation; Technical Amendments 77 FR 44065 · FAC 2005-60
Federal Acquisition Regulation; Proper Use and Management of Cost-Reimbursement Contracts 77 FR 12925 · FAC 2005-56
Federal Acquisition Regulation; Proper Use and Management of Cost-Reimbursement Contracts 76 FR 14543 · FAC 2005-50

Proposed changes

Proposed rule Published Comments
Federal Acquisition Regulation: Revolutionary Federal Acquisition Regulation Overhaul Parts 16, 17, and 35 91 FR 59476 · FAR Case 2026-006, Docket No. FAR-2026-0006, Sequence No. 1 Closed Oct 19, 2026No final rule found

Sections cited

Quick answers

What is FAR 16.301-3?

FAR 16.301-3 is a subsection of the Federal Acquisition Regulation, titled "Limitations".

When was FAR 16.301-3 last changed?

The most recent final rule on record is "Federal Acquisition Regulation: Revision of Definition of “Commercial Item”" (86 FR 61017), published Nov 4, 2021 and effective Dec 6, 2021.

Are changes to FAR 16.301-3 proposed?

One proposed change has no final rule yet.

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