DFARS 215.371-3 Fair and reasonable price and the requirement for additional cost or pricing data
Subsection Defense Federal Acquisition Regulation Supplement
Facts
- Citation
- DFARS 215.371-3
- Type
- Subsection
- Supplements
- FAR Subpart 15.3 Source Selection
- Last amended
- 84 FR 30947 Effective Jul 31, 2019
- Text as of
- DFARS Change May 7, 2026
- Official text
- acquisition.gov
Text from acquisition.gov. Federal Register history from the Federal Register's records of the rules that amended this subsection.
Text
For acquisitions that exceed the simplified acquisition threshold, if only one offer is received when competitive procedures were used and it is not necessary to resolicit in accordance with 215.371-2 (a), then the contracting officer shall comply with the following:
(a) If no additional cost or pricing data are required to determine through cost or price analysis that the offered price is fair and reasonable, the contracting officer shall require that any cost or pricing data provided in the proposal be certified if the acquisition exceeds the certified cost or pricing data threshold and an exception to the requirement for certified cost or pricing data at FAR 15.403-1(b)(2) through (5) does not apply.
(b) Otherwise, the contracting officer shall obtain additional cost or pricing data to determine a fair and reasonable price. If the acquisition exceeds the certified cost or pricing data threshold and an exception to the requirement for certified cost or pricing data at FAR 15.403-1(b)(2) through (5) does not apply, the cost or pricing data shall be certified.
(c) If the contracting officer is still unable to determine that the offered price is fair and reasonable, the contracting officer shall enter into negotiations with the offeror to establish a fair and reasonable price. The negotiated price should not exceed the offered price.
(d) If the contracting officer is unable to negotiate a fair and reasonable price, see FAR 15.405(d).
Federal Register history
Sections cited
- DFARS 215.371-2(a) Promote competition
Quick answers
What is DFARS 215.371-3?
DFARS 215.371-3 is a subsection of the Defense Federal Acquisition Regulation Supplement, titled "Fair and reasonable price and the requirement for additional cost or pricing data".
When was DFARS 215.371-3 last changed?
The most recent final rule on record is "Defense Federal Acquisition Regulation Supplement: Only One Offer (DFARS Case 2017-D009)" (84 FR 30947), published Jun 28, 2019 and effective Jul 31, 2019.
Are changes to DFARS 215.371-3 proposed?
No proposed rule from the last 3 years is waiting on a final rule.
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