---
kind: "section"
citation: "48 C.F.R. § 216.301-3"
title: "48"
number: "216.301-3"
heading: "Limitations."
url: "https://uscodex.org/cfr/48/216.301-3"
---

# §216.301-3. Limitations.


For contracts in connection with a military construction project or a military family housing project, contracting officers shall not use cost-plus-fixed-fee, cost-plus-award-fee, or cost-plus-incentive-fee contract types ([10 U.S.C. 3323](/usc/10/3323.md)). This applies notwithstanding a declaration of war or the declaration by the President of a national emergency under section 201 of the National Emergencies Act ([50 U.S.C. 1621](/usc/50/1621.md)) that includes the use of the Armed Forces.


## Notes

### Amendments

[87 FR 65513, Oct. 28, 2022, as amended at 87 FR 76992, Dec. 16, 2022]

### Authority

Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.

### Source

Source: 56 FR 36340, July 31, 1991, unless otherwise noted.

### Amendments

[87 FR 65513, Oct. 28, 2022, as amended at 87 FR 76992, Dec. 16, 2022]