41 U.S.C. § 3906

1. (a)In this section, the term “executive agency” has the same meaning given in section 133 of this title.
2. (b)The Federal Acquisition Regulation shall address the use of cost-reimbursement contracts.
3. (c)The regulations promulgated under subsection (b) shall include guidance regarding—
   1. (1)when and under what circumstances cost-reimbursement contracts are appropriate;
   2. (2)the acquisition plan findings necessary to support a decision to use cost-reimbursement contracts; and
   3. (3)the acquisition workforce resources necessary to award and manage cost-reimbursement contracts.
4. (d)
   1. (1)The Director of the Office of Management and Budget shall submit an annual report to Congressional committees identified in subsection (e) on the use of cost-reimbursement contracts and task or delivery orders by all executive agencies.
   2. (2)The report shall include—
      1. (A)the total number and value of contracts awarded and orders issued during the covered fiscal year;
      2. (B)the total number and value of cost-reimbursement contracts awarded and orders issued during the covered fiscal year; and
      3. (C)an assessment of the effectiveness of the regulations promulgated pursuant to subsection (b) in ensuring the appropriate use of cost-reimbursement contracts.
   3. (3)
      1. (A)The report shall be submitted no later than March 1 and shall cover the fiscal year ending September 30 of the prior year.
      2. (B)The report shall be submitted from March 1, 2009, until March 1, 2014.
5. (e)The report required by subsection (d) shall be submitted to—
   1. (1)the Committee on Oversight and Government Reform of the House of Representatives;
   2. (2)the Committee on Homeland Security and Governmental Affairs of the Senate;
   3. (3)the Committees on Appropriations of the House of Representatives and the Senate; and
   4. (4)in the case of the Department of Defense and the Department of Energy, the Committees on Armed Services of the Senate and the House of Representatives.