48 C.F.R. § 52.215-16

52.215-16 Facilities Capital Cost of Money.

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As prescribed in 15.408(h), insert the following provision:

Facilities Capital Cost of Money (JUN 2003)

(a) Facilities capital cost of money will be an allowable cost under the contemplated contract, if the criteria for allowability in FAR 31.205-10(b) are met. One of the allowability criteria requires the prospective Contractor to propose facilities capital cost of money in its offer.

(b) If the prospective Contractor does not propose this cost, the resulting contract will include the clause Waiver of Facilities Capital Cost of Money.

(End of provision) [52 FR 35669, Sept. 22, 1987. Redesignated and amended at 62 FR 51263, Sept. 30, 1997; 68 FR 28092, May 22, 2003]

Notes of Decisions

Cited in 2 cases, 1997–2004 · leading case: Ervin & Assocs., Inc. v. United States, 59 Fed. Cl. 267 (Fed. Cl. 2004).

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Ervin & Assocs., Inc. v. United States, 59 Fed. Cl. 267 (Fed. Cl. 2004). · cites it 3× “” 48 C.F.R. § 52.215-16 (e) (1993). According to this requirement, "[t]he Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, cost or price and other…”

Day & Zimmermann Servs., A Div. of Day & Zimmermann, Inc. v. United States, 38 Fed. Cl. 591 (Fed. Cl. 1997). “610 (a) (1996), which authorize award of a contract based upon the proposals received, without conducting discussions, if the CO determines that discussions are not necessary and the solicitation contains the provision set forth in 48 C.F.R. § 52.215-16 , Alternate II (1996).”

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