FAR 37.113-1 Waiver of cost allowability limitations

Subsection Federal Acquisition Regulation

Facts

Citation
FAR 37.113-1
Type
Subsection
Last amended
87 FR 73894 Effective Dec 30, 2022
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) The head of the agency may waive the 31.205-6(g)(6) cost allowability limitations on severance payments to foreign nationals for contracts that-

(1) Provide significant support services for-

(i) Members of the armed forces stationed or deployed outside the United States, or

(ii) Employees of an executive agency posted outside the United States; and

(2) Will be performed in whole or in part outside the United States.

(b) Waivers can be granted only before contract award.

(c) Waivers cannot be granted for-

(1) Military banking contracts, which are covered by 10 U.S.C. 3744(d); or

(2) Severance payments made by a contractor to a foreign national employed by the contractor under a DoD service contract in the Republic of the Philippines, if the discontinuation of the foreign national is the result of the termination of basing rights of the United States military in the Republic of the Philippines (section1351(b) of Public Law102-484, 10 U.S.C.1592, note).

Federal Register history

Final rule Published Effective
Federal Acquisition Regulation: Update to Title 10 Citations 87 FR 73894 · FAC 2023-01
Federal Acquisition Regulation; Compensation Cost Principle 68 FR 43863 · FAC 2001-15

Sections cited

Quick answers

What is FAR 37.113-1?

FAR 37.113-1 is a subsection of the Federal Acquisition Regulation, titled "Waiver of cost allowability limitations".

When was FAR 37.113-1 last changed?

The most recent final rule on record is "Federal Acquisition Regulation: Update to Title 10 Citations" (87 FR 73894), published Dec 1, 2022 and effective Dec 30, 2022.

Are changes to FAR 37.113-1 proposed?

No proposed rule from the last 3 years is waiting on a final rule.

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