15.403-3 Requiring data other than certified

cost or pricing data.

(a)

(1) In those acquisitions that do not require certified cost or pricing data, the contracting officer

shall—

(i) Obtain whatever data are available from Government or other secondary sources and use that

data in determining a fair and reasonable price;

(ii) Require submission of data other than certified cost or pricing data, as defined in 2.101, from the

offeror to the extent necessary to determine a fair and reasonable price (10 U.S.C. 3705(a) and

41 U.S.C.3505(a)) if the contracting officer determines that adequate data from sources other than

the offeror are not available. This includes requiring data from an offeror to support a cost realism

analysis;

(iii) Consider whether cost data are necessary to determine a fair and reasonable price when there is

not adequate price competition;

(iv) Require that the data submitted by the offeror include, at a minimum, appropriate data on the

prices at which the same item or similar items have previously been sold, adequate for determining

the reasonableness of the price unless an exception under 15.403-1(b)(1) or (2) applies; and

(v) Consider the guidance in section 3.3, chapter 3, volume I, of the Contract Pricing Reference

Guide cited at 15.404-1(a)(7) to determine the data an offeror shall be required to submit.

(2) The contractor’s format for submitting the data should be used (see 15.403-5(b)(2)).

(3) The contracting officer shall ensure that data used to support price negotiations are sufficiently

current to permit negotiation of a fair and reasonable price. Requests for updated offeror data

should be limited to data that affect the adequacy of the proposal for negotiations, such as changes

in price lists.

(4) As specified in section 808 of the Strom Thurmond National Defense Authorization Act for Fiscal

Year 1999 (Pub. L. 105-261), an offeror who does not comply with a requirement to submit data for a

contract or subcontract in accordance with paragraph (a)(1) of this subsection is ineligible for award

unless the HCA determines that it is in the best interest of the Government to make the award to

that offeror, based on consideration of the following:

(i) The effort made to obtain the data.

(ii) The need for the item or service.

(iii) Increased cost or significant harm to the Government if award is not made.

(b) Adequate price competition. When adequate price competition exists (see 15.403-1(c)(1)),

generally no additional data are necessary to determine the reasonableness of price. However, if

there are unusual circumstances where it is concluded that additional data are necessary to
determine the reasonableness of price, the contracting officer shall, to the maximum extent

practicable, obtain the additional data from sources other than the offeror. In addition, the

contracting officer should request data to determine the cost realism of competing offers or to

evaluate competing approaches.

(c) Commercial products and commercial services.

(1) At a minimum, the contracting officer must use price analysis to determine whether the price is

fair and reasonable whenever the contracting officer acquires a commercial product or commercial

service (see 15.404-1(b)). The fact that a price is included in a catalog does not, in and of itself,

make it fair and reasonable. If the contracting officer cannot determine whether an offered price is

fair and reasonable, even after obtaining additional data from sources other than the offeror, then

the contracting officer shall require the offeror to submit data other than certified cost or pricing

data to support further analysis (see 15.404-1). This data may include history of sales to nongovernmental and governmental entities, cost data, or any other information the contracting officer

requires to determine the price is fair and reasonable. Unless an exception under 15.403-1(b)(1) or

(2) applies, the contracting officer shall require that the data submitted by the offeror include, at a

minimum, appropriate data on the prices at which the same item or similar items have previously

been sold, adequate for determining the reasonableness of the price.

(2) Limitations relating to commercial products or commercial services 10 U.S.C. 3705(b) and 41

U.S.C. 3505(b)).

(i) The contracting officer shall limit requests for sales data relating to commercial products or

commercial services to data for the same or similar items during a relevant time period.

(ii) The contracting officer shall, to the maximum extent practicable, limit the scope of the request

for data relating to commercial products or commercial services to include only data that are in the

form regularly maintained by the offeror as part of its commercial operations.

(iii) The Government shall not disclose outside the Government data obtained relating to commercial

products or commercial services that is exempt from disclosure under 24.202(a) or the Freedom of

Information Act (5 U.S.C.552(b)).

(3) For services that are not offered and sold competitively in substantial quantities in the

commercial marketplace, but are of a type offered and sold competitively in substantial quantities in

the commercial marketplace, see 15.403-1(c)(3)(ii).

Parent topic: 15.403 Obtaining certified cost or pricing data.