<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".03" citation="COMAR 21.06.03.03" title_num="21" subtitle_num="06" chapter_num="03" heading="Types of Cost-Reimbursement Contracts.">
  <paragraph num="A.">
    <text>Definitions.</text>
    <paragraph num="(1)">
      <text>“Cost contract” means a contract which provides for reimbursement for allowable costs but no fee.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>“Cost-plus fixed fee contract” means a contract which provides for reimbursement for allowable costs and in addition a fixed fee.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>“Cost-reimbursement contract” means a cost contract or a cost-plus fixed fee contract.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Application.</text>
    <paragraph num="(1)">
      <text>Generally, a cost-reimbursement contract is appropriate when the uncertainties involved in contract performance are of such magnitude that the cost of contract performance cannot be estimated with sufficient certainty to realize economy by use of any type of fixed-price contract. A cost-reimbursement contract necessitates appropriate monitoring by State personnel during performance to give reasonable assurance that objectives are being met.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Determinations. A cost-reimbursement contract may be used only when the procurement officer determines in writing that:</text>
      <paragraph num="(a)">
        <text>This contract is likely to be less costly to the State than any other type or that it is impracticable to otherwise obtain the items of the kind or quality required except under such a contract;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The proposed contractor's accounting system shall permit timely development of all necessary cost data in the form required by the specific contract type contemplated; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The proposed contractor's accounting system is adequate to allocate costs in accordance with generally accepted accounting principles.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>Cost-reimbursement contracts shall provide that costs shall be reimbursed only if they are costs recognized as allowable and allocable under the cost principle regulations in Subtitle 09, or in the contract.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Each contractor under a cost-reimbursement type contract shall give notice and secure approval, as required by the contract, before entering into:</text>
    <paragraph num="(1)">
      <text>A cost-reimbursement subcontract; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Any other subcontract involving more than $25,000, or 5 percent of the estimated cost of the prime contract. However, the cost-plus-a-percentage-of-cost system of contracting may not be used between contractors and subcontractors.</text>
    </paragraph>
  </paragraph>
</regulation>