124 STAT. 3787 PUBLIC LAW 111–350—JAN. 4, 2011 payment of severance pay by the contractor to employees under the contract who are foreign nationals; and (C) the payment of severance pay is necessary to comply with a law that is generally applicable to a significant number of businesses in the country in which the foreign national receiving the payment performed services under the contract or is necessary to comply with a collective bargaining agreement. (2) SOLICITATION TO INCLUDE STATEMENT ABOUT WAIVER.— An executive agency shall include in the solicitation for a cov- ered contract a statement indicating— (A) that a waiver has been granted under paragraph (1) for the contract; or (B) whether the executive agency will consider granting a waiver and, if the executive agency will consider granting a waiver, the criteria to be used in granting the waiver. (3) DETERMINATION TO BE MADE BEFORE CONTRACT AWARDED.—An executive agency shall make the final deter- mination whether to grant a waiver under paragraph (1) with respect to a covered contract before award of the contract. (c) ESTABLISHMENT OF DEFINITIONS, EXCLUSIONS, LIMITATIONS, AND QUALIFICATIONS.—The provisions of the Federal Acquisition Regulation implementing this chapter may establish appropriate definitions, exclusions, limitations, and qualifications. A submission by a contractor of costs that are incurred by the contractor and that are claimed to be allowable under Department of Energy management and operating contracts shall be considered a proposal for settlement of indirect costs incurred by the contractor for any period after those costs have been accrued. § 4305. Required regulations (a) IN GENERAL.—The Federal Acquisition Regulation shall con- tain provisions on the allowability of contractor costs. Those provi- sions shall define in detail and in specific terms the costs that are unallowable, in whole or in part, under covered contracts. (b) SPECIFIC ITEMS.—The regulations shall, at a minimum, clarify the cost principles applicable to contractor costs of the following: (1) Air shows. (2) Membership in civic, community, and professional organizations. (3) Recruitment. (4) Employee morale and welfare. (5) Actions to influence (directly or indirectly) executive branch action on regulatory and contract matters (other than costs incurred in regard to contract proposals pursuant to solic- ited or unsolicited bids). (6) Community relations. (7) Dining facilities. (8) Professional and consulting services, including legal serv- ices. (9) Compensation. (10) Selling and marketing. (11) Travel. (12) Public relations. (13) Hotel and meal expenses. (14) Expense of corporate aircraft. (15) Company-furnished automobiles. (16) Advertising.
