Unallowable Cost: A Comprehensive Guide to Its Legal Definition
Definition & meaning
An unallowable cost refers to any expense that cannot be included in the pricing, reimbursements, or settlements of a government contract. This exclusion is based on specific laws, regulations, or contractual agreements. Understanding what constitutes an unallowable cost is crucial for contractors working with government entities to ensure compliance and avoid financial penalties.
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The term "unallowable cost" is primarily used in government contracting. It is relevant in various legal contexts, particularly in procurement and contract law. Contractors must be aware of unallowable costs to ensure they do not claim these expenses for reimbursement, as doing so can lead to legal repercussions, including penalties or contract disputes. Users can manage related forms and procedures through resources like US Legal Forms, which provides templates drafted by experienced attorneys.
Key Legal Elements
Real-World Examples
Here are a couple of examples of abatement:
Example 1: A contractor submits a claim for reimbursement that includes a lavish dinner with potential clients. This expense is deemed unallowable because it does not directly relate to the contract's performance.
Example 2: A company incurs legal fees for defending against a lawsuit related to a contract. If these fees are not directly tied to the contract's execution, they may be classified as unallowable costs (hypothetical example).
Relevant Laws & Statutes
Major statutes that govern unallowable costs include:
Federal Acquisition Regulation (FAR) Part 31 - Contract Cost Principles and Procedures.
Office of Management and Budget (OMB) Circular A-87 - Cost Principles for State, Local, and Indian Tribal Governments.
Comparison with Related Terms
Term
Definition
Differences
Allowable Cost
Expenses that can be reimbursed under a government contract.
Allowable costs are compliant with regulations and directly related to contract performance.
Cost Reimbursement
A payment method where the contractor is reimbursed for allowable costs incurred.
Cost reimbursement focuses on allowable costs, while unallowable costs cannot be reimbursed.
Common Misunderstandings
What to Do If This Term Applies to You
If you are a contractor and believe you may have incurred unallowable costs, it is essential to:
Review your contract and applicable regulations to identify unallowable costs.
Maintain detailed records of all expenses related to your government contract.
Consult with a legal professional if you have questions about specific expenses.
Consider using US Legal Forms to access templates for managing contracts and related documentation.
Quick Facts
Attribute
Details
Typical Fees
Varies based on contract type and scope.
Jurisdiction
Federal and state government contracts.
Possible Penalties
Financial penalties, contract termination, or legal action.
Key Takeaways
FAQs
Examples include entertainment expenses, certain lobbying costs, and fines or penalties.
Review the contract terms and relevant regulations, or consult a legal professional for guidance.
Claiming unallowable costs can result in financial penalties, contract disputes, or legal action.