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costs, it is for services rendered during the contract period; (ii) it represents, together with all other compensation, a reasonable overall compensation plan; (iii) it is paid pursuant to an agreement entered into in good faith between the contractor and employees before the services are rendered, or pursuant to an established plan followed by the contractor so consistently as to imply, in effect, an agreement to make such payments; and (iv) for a plan which is subject to approval by the Internal Revenue Service, it falls within the criteria and standards of the Internal Revenue Code and the regulations of the Internal Revenue Service. (But see $9-15.5006.)
(3) For determining the allowable cost of deferred compensation, contractual provision shall be made for appropriate ad justments for credits or gains, including those arising out of both normal and abnormal employee turnover, or any other contingencies that can result in a forfeiture by employees of such deferred compensation. Adjustments shall be made only for forfeitures which directly or indirectly inure to the benefit of the contractor; forfeitures which inure to the benefit of other employees covered by a deferred compensation plan with no reduction in the contractor's costs will not normally give rise to adjustment in contract costs. Adjustments for normal employee turnover shall be based on the contractor's experience and on foreseeable prospects, and shall be reflected in the amount of cost currently allowable. Such adjustments will be unnecessary to the extent that the contractor can demonstrate that his contributions take into account normal forfeitures. Adjustments for possible future abnormal forfeitures shall be effected according to the following rules:
(i) Abnormal forfeitures that are foreseeable and which can be currently evaluated with reasonable accuracy, by actuarial or other sound computation, shall be reflected by an adjustment of current costs otherwise allowable; and
(ii) Abnormal forfeitures, not within subdivision (i) of this subparagraph may be made the subject of agreement between the Government and the contractor either as to an equitable adjustment or a method of determining such adjustment.
(4) In determining whether deferred compensation is for services rendered during the contract period or is for future services, consideration shall be given to conditions imposed upon eventual payment, such as, requirements of continued employment, consultation after retirement, and covenants not to compete.
(1) Fringe benefits. Fringe benefits are allowances and services provided by the contractor to his employees as compensation in addition to regular wages and salaries. Subject to the determination
that total compensation is reasonable (see $9-15.5010-14(c)), costs of fringe benefits such as pay for vacations, holidays, sick leave, military leave, employee insurance, pension, and retirement plans, and supplemental unemployment benefit plans are to be treated as allowable, provided such fringe benefits meet the following conditions:
(1) The benefits contribute to the performance of contract work and are appropriate for reimbursement from public funds;
(2) Such benefit plans as exist in the contractor's private operations that are inconsistent with ERDA published requirements are appropriately modified or disallowed.
(3) Employee benefit plans especially established to meet the particular needs of the contract are in conformity with published ERDA policy and standards;
(4) Appropriate controls under the contract are established to assure that employees on contract work are treated no more or no less favorably than employees in the contractor's private operation except to the extent that subparagraphs (2) and (3) of this paragraph apply;
(5) To the fullest extent possible, definite limitations or terminal points are established for each of the various benefit plans, so that ERDA's full liability with respect thereto is established under the contract; and
(6) ERDA has access to all information necessary to complete understanding of the means of computing or determining the extent of the benefits afforded under the various benefit plans.
It is the policy of the ERDA to require the use of less than first-class air accommodations for all cost-reimbursed travel, except when less than first-class accommodations are not reasonably available to meet necessary mission requirements. For example, less than first-class accommodations are considered not reasonably 'available where less than first-class accommodations would:
(a) Require circuitous routing,
(d) Result in additional costs which would offset the transportation savings,
(e) Offer accommodations which are not reasonably adequate for the medical needs of the traveler.
The difference in cost between first-class air accommodations and less than first-class accommodations is an unallowable cost except as provided for in this section.
$9-15.5010-16 Page charges in scientific journals.
It is a policy of the ERDA to permit ERDA contractors to budget for and pay page charges for scientific journal publication as a necessary part of research costs, in all cases where:
(a) The research papers report work supported by the Government.
(b) The charges are levied impartially on all research papers published by the journal, whether by non-Government or by Government authors.
sense a condition for
(c) Payment of such charges is in no acceptance of manuscripts by the journal.
(d) The journals involved are not operated for profit.
(e) The author does not receive an emolument from the journal for the research paper.
$9-15.5010-17 Special funds in the construction industry.
Costs of special "funds," financed by employer contributions, in the construction industry for such purposes as methods and materials research, public and industry relations, market development, disaster relief, etc., are unallowable except as specifically provided in the contract.
$9-15.5010-18 Employee morale, health, welfare,
and food service and dormitory costs.
(a) Employee morale, health, and welfare activities are those services or benefits provided by the contractor to its employees to improve working conditions, employer-employee relations, employee
morale, and employee performance. These activities include such items as house or employee publications, health or first-aid clinics, recreation, employee counseling services and, for the purpose of this section, food service and dormitory costs. However, these activities do not include and should be differentiated from compensation for personal services as defined in $9-15.5010-14. Food and dormitory services include operating or furnishing facilities for cafeterias, dining rooms, canteens, lunch wagons, vending machines, living accommodations, or similar types of services for the contractor's employees at or near the contractor's facilities or site of the contract work.
(b) Except as limited by paragraph (c) of this section, the aggregate of costs incurred on account of all activities mentioned in paragraph (a) of this section, less income generated by all such activities is allowable to the extent that the net aggregate cost of all such activities as well as the net cost of each individual activity is reasonable and allocable to the contract work. Additionally, advance understandings with respect to the costs mentioned in paragraph (a) of this section are to be reached prior to the incurrence of these costs as required in $9-15.5006.
(c) Losses from the operation of food and dormitory services may be included as costs incurred under paragraph (b) of this section, only if the contractor's objective is to operate such services at least on a break-even basis. Losses sustained because food services or lodging accommodations are furnished without charge or at prices or rates which obviously would not be conducive to accomplishment of the above objective, are not allowable except in those instances where the contractor can demonstrate that unusual circumstances exist, such that, even with efficient management, operation of the services on a break-even basis would require charging inordinately high prices, or prices or rates higher than those charged by commercial establishments offering the same services in the same geographical areas. Typical examples of such unusual circumstances are: (1) Where the contractor must provide food or dormitory services at remote locations where adequate commercial facilities are not reasonably available, or (2) where it is necessary to operate a facility at a lower volume than the facility could economically support. Cost of food and dormitory services shall include an allocable share of indirect expenses pertaining to these activities.
(d) In those situations where the contractor has an arrangement authorizing an employee association to provide or operate a service such as vending machines in the contractor's plant, and retain the profits derived therefrom, such profits shall be treated in the same manner as if the contractor were providing the service (but see par. (e) of this section).
(e) Contributions by the contractor to an employee organization,
including funds set over from vending machine receipts or similar sources, may be included as cost incurred under paragraph (b) of this section only to the extent that the contractor demonstrates that an equivalent amount of the costs incurred by the employee organization would be allowable if incurred by the contractor directly.
$9-15.5010-19 Procurements or transfers from
Allowance for all equipment, materials, supplies, and services which are sold or transferred between any division, subsidiary, or affiliate of the contractor under a common control shall be on the basis of cost incurred in accordance with the terms of the contract, except that when it is the established practice of the transferring organization to price inter-organization transfers of equipment, materials, supplies, and services at other than cost for commercial work of the contractor or any division, subsidiary, or affiliate of the contractor under a common control, allowance may be at a price when:
(a) It is or is based on an "established catalog or market price of commercial items sold in substantial quantitites to the general public" in accordance with FPR 1-3.807-1(b)(2); or
(b) It is the result of "adequate price competition" in accordance with FPR 1-3.807-1(b)(1) (i) and (ii), and is the price at which an award was made to the affiliated organization after obtaining quotations on an equal basis from such organization and one or more outside sources which normally produce the item or its equivalent in significant quantity: Provided, That in either case:
(1) The price is not in excess of the transferor's current sales price to his most favored customer (including any division, subsidiary, or affiliate of the contractor under a common control) for a like quantity under comparable conditions, and
(2) The price is not determined to be unreasonable by the contracting officer: Provided, however, That if the price is determined unreasonable, such determination must be supported by an enumeration of facts on which it is based and approved at a level above the contracting officer.
The price determined in accordance with paragraph (a) of this section should be adjusted, when appropriate, to reflect the quantities being procured and may be adjusted upward or downward to reflect the actual cost of any modifications necessary because of contract requirements.