(a) Contractors should contribute a reasonable amount of the total project cost covered under the contract. The ratio of cost participation should correlate to the apparent advantages available to performers and the proximity of implementing commercialization, i.e., the higher the potential for future profits, the higher the contractor's share should be.
(b) Fee will not be paid to the contractor or any member of the contractor team (subcontractors and consultants) which has a substantial and direct interest in the contract, or is in a position to gain long term benefits from the contract. A vulnerability the Contracting Officer should consider in reviewing a prime contractor's request for consent to subcontract is whether subcontractors under prime cost-sharing contracts have a significant direct interest in the contract to gain long-term benefits from the contract.
(c) The Contracting Officer, with the input of technical experts, may consider the following factors in determining reasonable levels of cost sharing:
(1) The availability of the technology to competitors;
(2) Improvements in the contractor's market share position;
(3) The time and risk necessary to achieve success;
(4) If the results of the project involve patent rights which could be sold or licensed;
(5) If the contractor has non-Federal sources of funds to include as cost participation; and
(6) If the contractor has the production and other capabilities to capitalize the results of the project.
(d) A contractor's cost participation can be provided by other subcontractors with which it has contractual arrangements to perform the contract as long as the contractor's cost-sharing goal is met.
[61 FR 14505, Apr. 2, 1996]
