Administrative Law

FAR 31.205-46: Allowability of Selling Costs

Discover the guidelines for FAR 31.205-46, covering the allowability of selling costs in government contracts.

Introduction to FAR 31.205-46

The Federal Acquisition Regulation (FAR) 31.205-46 provides guidelines on the allowability of selling costs in government contracts. This regulation is crucial for contractors to understand, as it determines which selling expenses can be reimbursed by the government.

Selling costs include a wide range of expenses, such as advertising, sales commissions, and travel expenses. However, not all selling costs are allowable under FAR 31.205-46, and contractors must carefully review the regulation to ensure they are in compliance.

Allowable Selling Costs

FAR 31.205-46 specifies that certain selling costs are allowable, provided they are reasonable and directly related to the contract. For example, costs associated with preparing and submitting bids or proposals are generally allowable, as are costs related to negotiating contracts.

Additionally, costs incurred in connection with contract administration, such as costs related to contract modifications or terminations, may also be allowable. However, contractors must maintain accurate records and documentation to support their claims for reimbursement.

Unallowable Selling Costs

Certain selling costs are specifically unallowable under FAR 31.205-46, including costs related to entertainment, gifts, or other forms of bribery. Contractors must also exclude costs associated with lobbying or other forms of political activity.

Furthermore, costs related to the recovery of bad debts or the collection of delinquent accounts are generally unallowable, as are costs associated with the preparation and filing of tax returns.

Documentation and Record-Keeping

To ensure reimbursement for allowable selling costs, contractors must maintain accurate and detailed records. This includes documentation of all selling expenses, as well as records of contract negotiations, modifications, and terminations.

Contractors must also be prepared to provide this documentation to the government upon request, and must ensure that their accounting systems are adequate to track and record selling costs.

Conclusion

In conclusion, FAR 31.205-46 provides important guidelines for contractors on the allowability of selling costs in government contracts. By understanding which selling costs are allowable and maintaining accurate records, contractors can ensure reimbursement for eligible expenses.

It is essential for contractors to carefully review the regulation and seek professional advice if necessary, to ensure compliance and avoid potential disputes or penalties.

Frequently Asked Questions

What is the purpose of FAR 31.205-46?

The purpose of FAR 31.205-46 is to provide guidelines on the allowability of selling costs in government contracts.

What types of selling costs are allowable under FAR 31.205-46?

Allowable selling costs include costs associated with preparing and submitting bids or proposals, contract administration, and negotiating contracts.

Are entertainment costs allowable under FAR 31.205-46?

No, entertainment costs are specifically unallowable under FAR 31.205-46.

What documentation is required to support claims for reimbursement?

Contractors must maintain accurate and detailed records of all selling expenses, as well as records of contract negotiations, modifications, and terminations.

Can contractors seek reimbursement for bad debts or delinquent accounts?

No, costs related to the recovery of bad debts or the collection of delinquent accounts are generally unallowable.

Why is it important for contractors to understand FAR 31.205-46?

Understanding FAR 31.205-46 is essential for contractors to ensure reimbursement for eligible expenses and avoid potential disputes or penalties.