---
kind: "section"
citation: "41 U.S.C. § 4309"
title: "41"
title_heading: "Public Contracts"
number: "4309"
heading: "Burden of proof on contractor"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/41/4309"
units:
  - "Subtitle I — Federal Procurement Policy"
  - "Division C — Procurement"
  - "Chapter 43 — Allowable Costs"
---

# §4309. Burden of proof on contractor


In a proceeding before a board of contract appeals, the United States Court of Federal Claims, or any other Federal court in which the reasonableness of indirect costs for which a contractor seeks reimbursement from the Federal Government is in issue, the burden of proof is on the contractor to establish that those costs are reasonable.


## Source credit

(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3788.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>Section | Source (U.S. Code) | Source (Statutes at Large) |
| 4309 | 41:256(j). | June 30, 1949, ch. 288, title III, § 306(j), as added Pub. L. 100–700, § 8(a)(1), Nov. 19, 1988, 102 Stat. 4634; Pub. L. 103–355, title II, § 2151, Oct. 13, 1994, 108 Stat. 3313. |