[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR100.16]

[Page 422-423]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
PART 100--COST RECOVERY REGULATIONS, COMMUNICATIONS ASSISTANCE FOR LAW ENFORCEMENT ACT OF 1994--Table of Contents
 
Sec. 100.16  Cost estimate submission.

    (a) The carrier shall provide sufficient cost data at the time of 
proposal submission to allow adequate analysis and evaluation of the 
estimated costs. The FBI reserves the right to request additional cost 
data from carriers in order to ensure compliance with this part.
    (b) The requirement for submission of cost data is met if, as 
determined by the FBI, all cost data reasonably available to the carrier 
are either submitted or identified in writing by the date of agreement 
on the costs.
    (c) If cost data and information to explain the estimating process 
are required by the FBI and the carrier refuses to provide necessary 
data, or the FBI determines that the data provided are so deficient as 
to preclude adequate analysis and evaluation, the FBI will attempt to 
obtain the data and/or elicit corrective action.
    (d) Instructions for submission of the cost data for the estimate 
are as follows:
    (1) The carrier shall submit to the FBI estimated costs by line item 
with supporting information.
    (2) A cost element breakdown as described in Sec. 100.16(h) shall be 
attached for each proposed line item.
    (3) Supporting breakdowns shall be furnished for each cost element, 
consistent with the carrier's cost accounting system.
    (4) When more than one line item is proposed, summary total amounts 
covering all line items shall be furnished for each cost element.
    (5) Depending on the carrier's accounting system, the carrier shall 
provide breakdowns for the following categories of cost elements, as 
applicable:
    (i) Materials. Provide a consolidated cost summary of individual 
material quantities included in the various tasks, orders, or agreement 
line items being proposed and the basis upon which they were developed 
(vendor quotes, invoice prices, etc.). Include

[[Page 423]]

raw materials, parts, software, components, and assemblies. For all 
items proposed, identify the item, source, quantity, and cost.
    (ii) Direct labor. Provide a time-phased (e.g., monthly, quarterly) 
breakdown of labor hours, rates, and costs by appropriate category, and 
furnish the methodologies used in developing estimates.
    (iii) Allocable direct costs. Indicate how allocable costs are 
computed and applied, including cost breakdowns that provide a basis for 
evaluating the reasonableness of proposed rates.
    (iv) Subcontracting costs. For any subcontractor costs submitted for 
reimbursement, the carrier is responsible for ensuring that 
documentation requirements set forth herein are passed on to any and all 
subcontractors utilized in the carrier's efforts to meet CALEA 
requirements.
    (v) Other costs. List all other costs not otherwise included in the 
categories described above (e.g., special tooling, travel, computer and 
consultant services) and provide bases for costs.
    (e) As part of the specific information required, the carrier shall 
submit with its cost estimate and clearly identify as such, costs that 
are verifiable and factual. In addition, the carrier shall submit 
information reasonably required to explain its estimating process, 
including:
    (1) The judgmental factors applied, such as trends or budgetary 
data, and the mathematical or other methods used in the estimate, 
including those used in projecting from known data; and
    (2) The nature and amount of any contingencies included in the 
proposed estimate.
    (f) There is a clear distinction between submitting cost data and 
merely making available books, records, and other documents without 
identification. The requirement for submission of cost data is met when 
all accurate cost data reasonably available to the carrier have been 
submitted, either actually or by specific identification, to the FBI.
    (g) In submitting its estimate, the carrier must include an index, 
appropriately referenced, of all the cost data and information 
accompanying or identified in the estimate. In addition, any future 
additions and/or revisions, up to the date of agreement on the costs, 
must be annotated in a supplemental index.
    (h) Headings for submission are as follows:
    (1) Total Project Cost: Summary.
    (i) Cost Elements (Enter appropriate cost elements.)
    (ii) Proposed Cost Estimate--Total Cost (Enter those necessary and 
reasonable costs that in the carrier's judgment will properly be 
incurred in efficient completion of CALEA requirements. When any of the 
costs in this have already been incurred (e.g., under a letter 
contract), describe them on an attached supporting schedule.)
    (iii) Proposed Cost Estimate--Unit Cost (Enter the unit costs for 
each cost element.)
    (iv) Supporting Material (Identify the attachment in which the 
information supporting the specific cost element may be found.)
    (2) Total Project Costs: Detail (at Switch Level or Project Level, 
as appropriate).
    (i) Cost Elements (Enter appropriate cost elements.)
    (ii) Proposed Cost Estimate--Total Cost (Enter those necessary and 
reasonable costs that in the carrier's judgment will properly be 
incurred in efficient completion of CALEA requirements. When any of the 
costs in this have already been incurred (e.g., under a letter 
contract), describe them on an attached supporting schedule.)
    (iii) Proposed Cost Estimate--Unit Cost (Enter the unit costs for 
each cost element.)
    (iv) Supporting Material (Identify the attachment in which the 
information supporting the specific cost element may be found.)