[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR37.113-1]



[Page 760]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                CHAPTER 1--FEDERAL ACQUISITION REGULATION

 

PART 37_SERVICE CONTRACTING--Table of Contents

 

                 Subpart 37.1_Service Contracts_General

 

Sec. 37.113-1  Waiver of cost allowability limitations.



    (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. 

2324(e)(2); 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 (section 1351(b) of Public 

Law 102-484, 10 U.S.C. 1592, note).



[60 FR 42661, Aug. 16, 1995, as amended at 68 FR 43867, July 24, 2003]