As prescribed in (HSAR) 48 CFR 3031.205-32,
(a) The decision to incur precontract costs is that of the contractor. DHS employees may not authorize, demand, or require a contractor to incur precontract costs. The contracting officer must advise the prospective contractor that any costs incurred before contract award are incurred at the contractor's sole risk and that if negotiations fail to result in a binding contract, payment of these costs will not be made by the Government. See (HSAR) 48 CFR 3031.205-32(b) regarding exception due to reconciliation of costs.
(b) When the contracting officer determines that incurring precontract costs was necessary to meet the proposed contract delivery schedule of a cost-reimbursement contract, the clause at (HSAR) 48 CFR 3052.231-70, Precontract Costs, may be inserted in the resultant contract.
PRECONTRACT COSTS (DEC 2003)
The Contractor shall be entitled to reimbursement for pre-contract costs incurred on or after __________________ in an amount not to exceed $__________________ that, if incurred after this contract had been entered into, would have been reimbursable under this contract.
(End of clause)