1816.303-70 Cost-sharing contracts.

(a) Cost-sharing with for-profit organizations. (1) Cost sharing by for-profit organizations is mandatory in any contract for basic or applied research resulting from an unsolicited proposal, and may be accepted in any other contract when offered by the proposing organization. The requirement for cost-sharing may be waived when the contracting officer determines in writing that the contractor has no commercial, production, education, or service activities that would benefit from the results of the research, and the contractor has no means of recovering its shared costs on such projects. (2) The contractor's cost-sharing may be any percentage of the project cost. In determining the amount of cost-sharing, the contracting officer shall consider the relative benefits to the contractor and the Government. Factors that should be considered include— (i) The potential for the contractor to recover its contribution from non-Federal sources; (ii) The extent to which the particular area of research requires special stimulus in the national interest; and (iii) The extent to which the research effort or result is likely to enhance the contractor's capability, expertise, or competitive advantage. (b) Cost-sharing with not-for-profit organizations. (1) Costs to perform research stemming from an unsolicited proposal by universities and other educational or not-for-profit institutions are usually fully reimbursed. When the contracting officer determines that there is a potential for significant benefit to the institution cost-sharing will be considered. (2) The contracting officer will normally limit the institution's share to no more than 10 percent of the project's cost. (c) Implementation. Cost-sharing shall be stated as a minimum percentage of the total allowable costs of the project. The contractor's contributed costs may not be charged to the Government under any other contract or grant, including allocation to other contracts and grants as part of an independent research and development program.