48 CFR § 216.301-3 - 216.301-3 Limitations.

---
identifier: "/us/cfr/t48/s216.301-3"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "48 CFR § 216.301-3 - 216.301-3   Limitations."
title_number: 48
title_name: "Federal Acquisition Regulations System"
section_number: "216.301-3"
section_name: "216.301-3   Limitations."
chapter_number: 2
chapter_name: "DEFENSE ACQUISITION REGULATIONS SYSTEM, DEPARTMENT OF DEFENSE"
subchapter_number: "C"
subchapter_name: "CONTRACTING METHODS AND CONTRACT TYPES"
part_number: "216"
part_name: "TYPES OF CONTRACTS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "41 U.S.C. 1303 and 48 CFR chapter 1."
regulatory_source: "56 FR 36340, July 31, 1991, unless otherwise noted."
cfr_part: "216"
---


# 216.301-3 216.301-3   Limitations.

For contracts in connection with a military construction project or a military family housing project, contracting officers shall not use cost-plus-fixed-fee, cost-plus-award-fee, or cost-plus-incentive-fee contract types (10 U.S.C. 3323). This applies notwithstanding a declaration of war or the declaration by the President of a national emergency under section 201 of the National Emergencies Act (50 U.S.C. 1621) that includes the use of the Armed Forces.

[87 FR 65513, Oct. 28, 2022, as amended at 87 FR 76992, Dec. 16, 2022]