---
kind: "section"
citation: "48 C.F.R. § 216.306"
title: "48"
number: "216.306"
heading: "Cost-plus-fixed-fee contracts."
url: "https://uscodex.org/cfr/48/216.306"
---

# §216.306. Cost-plus-fixed-fee contracts.

- (c) **Limitations.** For contracts in connection with a military construction project or military family housing project, see the prohibition at 216.301-3.
- (i) Except as provided in paragraph (c)(ii) of this section, annual military construction appropriations acts prohibit the use of cost-plus-fixed-fee contracts that—
  - (A) Are funded by a military construction appropriations act;
  - (B) Are estimated to exceed $25,000; and
  - (C) **Will be performed within the United States, except Alaska.**
- (ii) The prohibition in paragraph (c)(i) of this section does not apply to contracts specifically approved in writing, setting forth the reasons therefor, in accordance with the following:
  - (A) The Secretaries of the military departments are authorized to approve such contracts that are for environmental work only, provided the environmental work is not classified as construction, as defined by [10 U.S.C. 2801](/usc/10/2801.md).
  - (B) The Secretary of Defense or designee must approve such contracts that are not for environmental work only or are for environmental work classified as construction.

## Notes

### Amendments

[62 FR 1058, Jan. 8, 1997; 62 FR 1817, Jan. 13, 1997; 62 FR 49305, Sept. 19, 1997; 71 FR 39007, July 11, 2006; 81 FR 65564, Sept. 23, 2016]

### Authority

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

### Source

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

### Amendments

[62 FR 1058, Jan. 8, 1997; 62 FR 1817, Jan. 13, 1997; 62 FR 49305, Sept. 19, 1997; 71 FR 39007, July 11, 2006; 81 FR 65564, Sept. 23, 2016]