The public comment period on a contract pricing rule which would amend the Defense Federal Acquisition Regulation Supplement (DFARS) has been extended to November 13, 2015.
The proposed DFARS change is necessary in order to implement Section 831 of the 2013 National Defense Authorization Act (NDAA), which requires the issuance of guidance on the use of the authority to require the submission of other than cost or pricing data, 80 Fed. Reg. 61333.
The 2013 NDAA mandates that offerors submitting proposals for negotiated procurements provide certified cost or pricing data under certain circumstances if the estimated value of the procurement is above a certain dollar threshold. For other types of procurements (e.g., commercial-item acquisitions) the law requires only that an offeror provide “data other than certified cost or pricing data to the extent necessary to determine the reasonableness of the price” (10 U.S.C. 2306a(d)(1)). Section 831 of the NDAA requires the issuance of guidance on the use of the authority to require the submission of other than cost or pricing data.
The new rule proposes to amend the DFARS as follows:
- Add new definitions at 202.101 for “market-based pricing” and “uncertified cost data” and at 215.401 for “nongovernment sales,” “relevant sales data,” and “sufficient nongovernment sales to establish reasonableness of price”;
- Add section 212.209 entitled “Determination of price reasonableness”;
- Add guidelines at 215.402(a)(3), for obtaining data other than certified cost or pricing data;
- Add instructions at 215.403-5 for the submission of certified cost or pricing data and data other than certified cost or pricing data;
- Add guidelines at 215.404-1 concerning proposal analysis techniques;
- Renumber the paragraph structure at 215.404-1-70;
- Revise the clause prescription at 215.408, paragraph(3)(i), and add three new provision prescriptions at paragraph (6); and
- Add three new provisions in part 252.
Interested parties may submit comments via the Federal eRulemaking portal by entering ‘‘DFARS Case 2013–D034’’ under the heading ‘‘Enter keyword or ID’’ and selecting ‘‘Search.’’ Select the link ‘‘Submit a Comment’’ that corresponds with ‘‘DFARS Case 2013– D034.’’ Follow the instructions provided at the ‘‘Submit a Comment’’ screen. Please include your name, company name (if any), and ‘‘DFARS Case 2013– D034’’ on your attached document.
- Email: osd.dfars@mail.mil. Include DFARS Case 2013–D034 in the subject line of the message.
- Fax: 571–372–6094.
- Mail: Defense Acquisition Regulations System, Attn: Mr. Mark Gomersall, OUSD(AT&L)DPAP/DARS, Room 3B855, 3060 Defense Pentagon, Washington, DC 20301–3060.
