[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR31.205-11]

[Page 592-594]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 1--FEDERAL ACQUISITION REGULATION
 
PART 31--CONTRACT COST PRINCIPLES AND PROCEDURES--Table of Contents
 
          Subpart 31.2--Contracts With Commercial Organizations
 
Sec. 31.205-11  Depreciation.

    (a) Depreciation is a charge to current operations which distributes 
the cost of a tangible capital asset, less estimated residual value, 
over the estimated useful life of the asset in a systematic and logical 
manner. It does not involve a process of valuation. Useful life refers 
to the prospective period of economic usefulness in a particular 
contractor's operations as distinguished from physical life; it is 
evidenced by the actual or estimated retirement and replacement practice 
of the contractor.
    (b) Contractors having contracts subject to 48 CFR 9904.409, 
Depreciation of Tangible Capital Assets, must adhere to the requirement 
of that standard for all fully CAS-covered contracts and may elect to 
adopt the standard for all other contracts. All requirements of 48 CFR 
9904.409 are applicable if the election is made, and its requirements 
supersede any conflicting requirements of this cost principle. Once 
electing to adopt 48 CFR 9904.409 for all contracts, contractors must 
continue to follow it until notification of final acceptance of all 
deliverable items on all open negotiated Government contracts. 
Paragraphs (c) through (e) below apply to contracts to which 48 CFR 
9904.409 is not applied.
    (c) Normal depreciation on a contractor's plant, equipment, and 
other capital facilities is an allowable contract cost, if the 
contractor is able to demonstrate that it is reasonable and allocable 
(but see paragraph (i) below).
    (d) Depreciation shall be considered reasonable if the contractor 
follows policies and procedures that are--
    (1) Consistent with those followed in the same cost center for 
business other than Government;
    (2) Reflected in the contractor's books of accounts and financial 
statements; and
    (3) Both used and acceptable for Federal income tax purposes.
    (e) When the depreciation reflected on a contractor's books of 
accounts and financial statements differs from that used and acceptable 
for Federal income tax purposes, reimbursement shall be based on the 
asset cost amortized over the estimated useful life of the property 
using depreciation methods (straight line, sum of the years' digits, 
etc.) acceptable for income tax purposes. Allowable depreciation shall 
not exceed the amounts used for book and statement purposes and shall be 
determined in a manner consistent with the depreciation policies and 
procedures followed in the same cost center on non-Government business 
(but see paragraph (o) of this subsection).
    (f) Depreciation for reimbursement purposes in the case of tax-
exempt organizations shall be determined on the basis described in 
paragraph (e) immediately above.
    (g) Special considerations are required for assets acquired before 
the effective date of this cost principle if, on that date, the 
undepreciated balance of these assets resulting from depreciation 
policies and procedures used previously for Government contracts and 
subcontracts is different from the undepreciated balance on the books 
and financial statements. The undepreciated balance for contract cost 
purposes shall be depreciated over the remaining life using the methods 
and lives followed for book purposes. The aggregate depreciation of any 
asset allowable after the effective date of this 31.205-11 shall not 
exceed the cost basis of the asset less any depreciation allowed or 
allowable under prior acquisition regulations.
    (h) Depreciation should usually be allocated to the contract and 
other work as an indirect cost. The amount of depreciation allowed in 
any accounting period may, consistent with the basic objectives in 
paragraph (a) above, vary with volume of production or use of multishift 
operations.
    (i) In the case of emergency facilities covered by certificates of 
necessity, a contractor may elect to use normal depreciation without 
requesting a determination of true depreciation, or may elect to use 
either normal or true depreciation after a determination of true 
depreciation has been made by an Emergency Facilities Depreciation Board 
(EFDB). The method elected must be followed consistently thoughout the 
life of the emergency facility. When an election is made to use normal 
depreciation, the criteria in paragraphs (c), (d), (e), and (f) above 
shall apply for both the emergency period and the

[[Page 593]]

post-emergency period. When an election is made to use true 
depreciation, the amount allowable as depreciation--
    (1) With respect to the emergency period (five years), shall be 
computed in accordance with the determination of the EFDB and allocated 
rateably over the full five year emergency period; provided no other 
allowance is made which would duplicate the factors, such as 
extraordinary obsolescence, covered by the Board's determination; and
    (2) After the end of the emergency period, shall be computed by 
distributing the remaining undepreciated portion of the cost of the 
emergency facility over the balance of its useful life provided the 
remaining undepreciated portion of such cost shall not include any 
amount of unrecovered true depreciation.
    (j) No depreciation, rental, or use charge shall be allowed on 
property acquired at no cost from the Government by the contractor or by 
any division, subsidiary, or affiliate of the contractor under common 
control.
    (k) The depreciation on any item which meets the criteria for 
allowance at a price under 31.205-26(e) may be based on that price, 
provided the same policies and procedures are used for costing all 
business of the using division, subsidiary, or organization under common 
control.
    (l) No depreciation or rental shall be allowed on property fully 
depreciated by the contractor or by any division, subsidiary, or 
affiliate of the contractor under common control. However, a reasonable 
charge for using fully depreciated property may be agreed upon and 
allowed (but see 31.109(h)(2)). In determining the charge, consideration 
shall be given to cost, total estimated useful life at the time of 
negotiations, effect of any increased maintenance charges or decreased 
efficiency due to age, and the amount of depreciation previously charged 
to Government contracts or subcontracts.
    (m) 48 CFR 9904.404, Capitalization of Tangible Assets, applies to 
assets acquired by a capital lease as defined in Statement of Financial 
Accounting Standard No. 13 (FAS-13), Accounting for Leases, issued by 
the Financial Accounting Standards Board (FASB). Compliance with 48 CFR 
9904.404 and FAS-13 requires that such leased assets (capital leases) be 
treated as purchased assets; i.e., be capitalized and the capitalized 
value of such assets be distributed over their useful lives as 
depreciation charges, or over the leased life as amortization charges as 
appropriate. Assets whose leases are classified as capital leases under 
FAS-13 are subject to the requirements of 31.205-11 while assets 
acquired under leases classified as operating leases are subject to the 
requirements on rental costs in 31.205-36. The standards of financial 
accounting and reporting prescribed by FAS-13 are incorporated into this 
principle and shall govern its application, except as provided in 
subparagraphs (1), (2), and (3) below.
    (1) Rental costs under a sale and leaseback arrangement shall be 
allowable up to the amount that would have been allowed had the 
contractor retained title to the property.
    (2) Capital leases, as defined in FAS-13, for all real and personal 
property, between any related parties are subject to the requirements of 
this subparagraph 31.205-11(m). If it is determined that the terms of 
the lease have been significantly affected by the fact that the lessee 
and lessor are related, depreciation charges shall not be allowed in 
excess of those which would have occurred if the lease contained terms 
consistent with those found in a lease between unrelated parties.
    (3) Assets acquired under leases that the contractor must capitalize 
under FAS-13 shall not be treated as purchased assets for contract 
purposes if the leases are covered by 31.205-36(b)(4).
    (n) Whether or not the contract is otherwise subject to CAS, the 
requirements of 31.205-52, which limit the allowability of depreciation, 
shall be observed.
    (o) In the event of a write-down from carrying value to fair value 
as a result of impairments caused by events or changes in circumstances, 
allowable depreciation of the impaired assets shall be limited to the 
amounts that would have been allowed had the assets not been written 
down (see 31.205-16(g)). However, this does not preclude a change in 
depreciation resulting from other causes such as permissible changes in 
estimates of service life,

[[Page 594]]

consumption of services, or residual value.

[48 FR 42301, Sept. 19, 1983, as amended at 55 FR 25530, June 21, 1990; 
57 FR 39591, Aug. 31, 1992; 60 FR 64255, Dec. 14, 1995; 61 FR 67424, 
Dec. 20, 1996]