[Code of Federal Regulations] [Title 48, Volume 1] [Revised as of October 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 48CFR16.307] [Page 300-301] TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM CHAPTER 1--FEDERAL ACQUISITION REGULATION PART 16_TYPES OF CONTRACTS--Table of Contents Subpart 16.3_Cost-Reimbursement Contracts Sec. 16.307 Contract clauses. (a)(1) The contracting officer shall insert the clause at 52.216-7, Allowable Cost and Payment, in solicitations and contracts when a cost- reimbursement [[Page 301]] contract (other than a facilities contract) is contemplated. If the contract is with an educational institution, modify the clause by deleting from paragraph (a) the words ``subpart 31.2'' and substituting for them ``subpart 31.3.'' If the contract is with a State or local government, modify the clause by deleting from paragraph (a) the words ``subpart 31.2'' and substituting for them ``subpart 31.6.'' If the contract is with a nonprofit organization other than an educational institution, a State or local government, or a nonprofit organization exempted under OMB Circular No. A-122, modify the clause by deleting from paragraph (a) the words ``subpart 31.2'' and substituting for them ``subpart 31.7.'' (2) If the contract is a construction contract and contains the clause at 52.232-27, Prompt Payment for Construction Contracts, the contracting officer shall use the clause at 52.216-7 with its Alternate I. (b) The contracting officer shall insert the clause at 52.216-8, Fixed Fee, in solicitations and contracts when a cost-plus-fixed-fee contract (other than a facilities contract or a construction contract) is contemplated. (c) The contracting officer shall insert the clause at 52.216-9, Fixed-Fee--Construction, in solicitations and contracts when a cost- plus-fixed-fee construction contract is contemplated. (d) The contracting officer shall insert the clause at 52.216-10, Incentive Fee, in solicitations and contracts when a cost-plus- incentive-fee contract (other than a facilities contract) is contemplated. (e)(1) The contracting officer shall insert the clause at 52.216-11, Cost Contract--No Fee, in solicitations and contracts when a cost- reimbursement contract is contemplated that provides no fee and is not a cost-sharing contract or a facilities contract. (2) If a cost-reimbursement research and development contract with an educational institution or a nonprofit organization that provides no fee or other payment above cost and is not a cost-sharing contract is contemplated, and if the contracting officer determines that withholding of a portion of allowable costs is not required, the contracting officer shall use the clause with its Alternate I. (f)(1) The contracting officer shall insert the clause at 52.216-12, Cost-Sharing Contract--No Fee, in solicitations and contracts when a cost-sharing contract (other than a facilities contract) is contemplated. (2) If a cost-sharing research and development contract with an educational institution or a nonprofit organization is contemplated, and if the contracting officer determines that withholding of a portion of allowable costs is not required, the contracting officer shall use the clause with its Alternate I. (g)(1) The contracting officer shall insert the clause at 52.216-13, Allowable Cost and Payment--Facilities, in solicitations and contracts when a cost-reimbursement consolidated facilities contract or a cost- reimbursement facilities acquisition contract (see 45.302-6) is contemplated. (2) If a facilities acquisition contract is contemplated and, in the judgment of the contracting officer, it may be necessary to withhold payment of an amount to protect the Government's interest, the contracting officer shall use the clause with its Alternate I. (h) The contracting officer shall insert the clause at 52.216-14, Allowable Cost and Payment--Facilities Use, in solicitations and contracts when a facilities use contract is contemplated. (i) The contracting officer shall insert the clause at 52.216-15, Predetermined Indirect Cost Rates, in solicitations and contracts when a cost-reimbursement research and development contract with an educational institution (see 42.705-3(b)) is contemplated and predetermined indirect cost rates are to be used. If the contract is a facilities contract, modify paragraph (c) by deleting the words ``Subpart 31.1'' and substituting for them ``section 31.106.'' [48 FR 42219, Sept. 19, 1983, as amended at 50 FR 23606, June 4, 1985; 61 FR 31622, June 20, 1996; 61 FR 67419, Dec. 20, 1996]