88554 Federal Register / Vol. 88, No. 245 / Friday, December 22, 2023 / Proposed Rules 

claimed to be CBI or other information 

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discussed below. 

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Multimedia submissions (audio, video, 

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commenting-epa-dockets. 

The https://www.regulations.gov/ 

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the EPA will not know your identity or 

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www.epa.gov/dockets. 

Submitting CBI. Do not submit 

information containing CBI to the EPA 

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Clearly mark the part or all of the 

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For CBI information on any digital 

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note the docket ID, mark the outside of 

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procedures outlined in Instructions 

above. If you submit any digital storage 

media that does not contain CBI, mark 

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clearly that it does not contain CBI and 

note the docket ID. Information not 

marked as CBI will be included in the 

public docket and the EPA’s electronic 

public docket without prior notice. 

Information marked as CBI will not be 

disclosed except in accordance with 

procedures set forth in 40 Code of 

Federal Regulations (CFR) part 2. 

Our preferred method to receive CBI 

is for it to be transmitted electronically 

using email attachments, File Transfer 

Protocol, or other online file sharing 

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must be transmitted directly to the 

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Standards (OAQPS) CBI Office at the 

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described earlier in this preamble, 

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note the docket ID. If assistance is 

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service, please send it to the following 

address: U.S. Environmental Protection 

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HQ–OAR–2019–0392, OAQPS 

Document Control Officer (C404–02), 

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Penny Lassiter, 

Director, Sector Policy and Programs Division. 

[FR Doc. 2023–28252 Filed 12–21–23; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 212, 215, 234, and 252 

[Docket DARS–2023–0047] 

RIN 0750–AL83 

Defense Federal Acquisition 

Regulation Supplement: Data 

Requirements for Commercial 

Products for Major Weapon Systems 

(DFARS Case 2023–D010) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Proposed rule. 

SUMMARY: DoD is proposing to amend 

the Defense Federal Acquisition 

Regulation Supplement (DFARS) to 

implement a section of the James M. 

Inhofe National Defense Authorization 

Act for Fiscal Year 2023 that clarifies 

the data to be provided for certain 

procurements related to major weapon 

systems. 

DATES: Comments on the proposed rule 

should be submitted in writing to the 

address shown below on or before 

February 20, 2024, to be considered in 

the formation of a final rule. 

ADDRESSES: Submit comments 

identified by DFARS Case 2023–D010, 

using either of the following methods: 

Æ Federal eRulemaking Portal: 

https://www.regulations.gov. Search for 

DFARS Case 2023–D010. Select 

‘‘Comment’’ and follow the instructions 

to submit a comment. Please include 

‘‘DFARS Case 2023–D010’’ on any 

attached documents. 

Æ Email: osd.dfars@mail.mil. Include 

DFARS Case 2023–D010 in the subject 

line of the message. 

Comments received generally will be 

posted without change to https://

www.regulations.gov, including any 

personal information provided. To 

confirm receipt of your comment(s), 

please check https://

www.regulations.gov, approximately 

two to three days after submission to 

verify posting. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Jeanette Snyder, 703–508–7524. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD is proposing to revise the DFARS 

to implement section 803 of the James 

M. Inhofe National Defense 

Authorization Act (NDAA) for Fiscal 

Year (FY) 2023 (Pub. L. 117–263). 

Section 803 modifies 10 U.S.C. 3455 to 


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provide additional guidance regarding 

data requirements to support a 

determination of commerciality and 

price reasonableness for certain 

procurements associated with major 

weapon systems. 

II. Discussion and Analysis 

This rule proposes to modify DFARS 

234.7002 to implement section 803 of 

the James M. Inhofe NDAA for FY 2023. 

Section 803 clarifies the data an offeror 

is required to provide when a subsystem 

of major weapon system or a component 

or spare part for a major weapon system 

or subsystem is proposed as a 

commercial product. This proposed rule 

also clarifies the data to be provided to 

the contracting officer to determine 

price reasonableness for such actions. 

This proposed rule affords the offeror 

the flexibility to either submit the data 

or provide the contracting officer access 

to the data and to redact certain 

customer information. 

This proposed rule modifies the 

solicitation provision at DFARS 

252.215–7010, Requirements for 

Certified Cost or Pricing Data and Data 

Other Than Certified Cost or Pricing 

Data, to align with the revisions made 

to DFARS 234.7002. This proposed rule 

also makes conforming changes to 

DFARS parts 212 and 215 to add crossreferences to DFARS 234.7002. 

III. Applicability to Contracts at or 

Below the Simplified Acquisition 

Threshold (SAT), for Commercial 

Products (Including Commercially 

Available Off-the-Shelf (COTS) Items), 

and for Commercial Services 

This proposed rule amends the 

provision at DFARS 252.215–7010, 

Requirements for Certified Cost or 

Pricing Data and Data Other Than 

Certified Cost or Pricing Data. However, 

this proposed rule does not impose any 

new requirements on contracts at or 

below the SAT, for commercial products 

including COTS items, or for 

commercial services. The provision will 

continue to apply to acquisitions at or 

below the SAT, to acquisitions of 

commercial products, excluding COTS 

items, and to acquisitions of commercial 

services. 

IV. Expected Impact of the Rule 

DoD does not expect this proposed 

rule, when finalized, to have a 

significant impact on offerors because it 

merely clarifies the data an offeror is 

required to provide to the contracting 

officer when a subsystem of a major 

weapon system or a component or spare 

part of a major weapon system or 

subsystem is proposed as a commercial 

product. Specifically, this proposed rule 

clarifies the data an offeror is required 

to provide to support the contracting 

officer’s determination of price 

reasonableness and commerciality. This 

proposed rule will also allow an offeror 

to give the contracting officer access to 

the data, in lieu of submitting it, and to 

redact certain customer information 

from such data. 

This proposed rule is expected to 

result in the timely submission of data, 

which may decrease the time it takes for 

a contracting officer to determine a 

product to be commercial, to determine 

price reasonableness, and to award the 

contract. 

V. Executive Orders 12866 and 13563 

Executive Orders (E.O.s) 12866 and 

13563 direct agencies to assess all costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This is not a significant 

regulatory action and, therefore, was not 

subject to review under section 6(b) of 

E.O. 12866, Regulatory Planning and 

Review, as amended. 

VI. Regulatory Flexibility Act 

DoD does not expect this proposed 

rule, when finalized, to have a 

significant economic impact on a 

substantial number of small entities 

within the meaning of the Regulatory 

Flexibility Act, 5 U.S.C. 601, et seq., 

because this rule merely clarifies the 

data to be provided for certain 

procurements related to major weapon 

systems. However, an initial regulatory 

flexibility analysis has been performed 

and is summarized as follows: 

This proposed rule is necessary to 

implement section 803 of the James M. 

Inhofe National Defense Authorization 

Act (NDAA) for Fiscal Year (FY) 2023. 

Section 803 clarifies the data an offeror 

is required to provide when a subsystem 

of a major weapon system or a 

component or spare part for a major 

weapon system or subsystem is 

proposed as a commercial product. 

Section 803 also clarifies the data to be 

provided to the contracting officer to 

determine price reasonableness for such 

actions. In addition, section 803 affords 

the offeror the flexibility to either 

submit the data or provide the 

contracting officer access to the data and 

to redact certain customer information. 

The objective of this proposed rule is 

to implement section 803 of the James 

M. Inhofe NDAA for FY 2023, which 

modifies 10 U.S.C. 3455. The legal basis 

of the rule is section 803 of the James 

M. Inhofe NDAA for FY 2023. 

Based on data from the Federal 

Procurement Data System for fiscal 

years 2021 through 2023, DoD awarded 

an average of approximately 50,260 

commercial contracts related to major 

weapon systems to an average of 2,685 

unique small entities per year. 

Therefore, this proposed rule is 

expected to apply to approximately 

2,685 small entities per fiscal year. 

This proposed rule does not impose 

any new reporting, recordkeeping, or 

other compliance requirements for small 

entities. The information being collected 

falls under the currently approved 

information collection recordkeeping 

requirements under OMB control 

number 0704–0574, Defense Federal 

Acquisition Regulation Supplement 

(DFARS) Part 215; Only One Offer and 

Related Clauses in DFARS 252. 

This proposed rule does not 

duplicate, overlap, or conflict with any 

other Federal rules. 

There are no known alternatives that 

would accomplish the stated objectives 

of the applicable statute. 

DoD invites comments from small 

business concerns and other interested 

parties on the expected impact of this 

proposed rule on small entities. 

DoD will also consider comments 

from small entities concerning the 

existing regulations in subparts affected 

by this proposed rule in accordance 

with 5 U.S.C. 610. Interested parties 

must submit such comments separately 

and should cite 5 U.S.C. 610 (DFARS 

Case 2023–D010), in correspondence. 

VII. Paperwork Reduction Act 

The Paperwork Reduction Act (44 

U.S.C. chapter 35) applies to this 

proposed rule. However, these changes 

to the DFARS do not impose additional 

information collection requirements to 

the paperwork burden previously 

approved by the Office of Management 

and Budget (OMB) under OMB Control 

Number 0704–0574, entitled Defense 

Federal Acquisition Regulation 

Supplement (DFARS) Part 215; Only 

One Offer and Related Clauses in 

DFARS 252. 


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88556 Federal Register / Vol. 88, No. 245 / Friday, December 22, 2023 / Proposed Rules 

List of Subjects in 48 CFR Parts 212, 

215, 234, and 252 

Government procurement. 

Jennifer D. Johnson, 

Editor/Publisher, Defense Acquisition 

Regulations System. 

Therefore, 48 CFR parts 212, 215, 234, 

and 252 are proposed to be amended as 

follows: 

■ 1. The authority citation for parts 212, 

215, 234, and 252 continues to read as 

follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 

PART 212—ACQUISITION OF 

COMMERCIAL PRODUCTS AND 

COMMERCIAL SERVICES 

■ 2. Amend section 212.102 by revising 

paragraph (a)(iii)(A) to read as follows: 

212.102 Applicability. 

(a) * * * 

(iii) * * * 

(A) Determine in writing that the 

acquisition meets the ‘‘commercial 

product’’ or ‘‘commercial service’’ 

definition in FAR 2.101. See 

234.7002(b) and (c) for subsystems of 

major weapon systems and components 

and spare parts of major weapon 

systems and subsystems; 

* * * * * 

■ 3. Amend section 212.209 by revising 

paragraph (a)(1) to read as follows: 

212.209 Determination of price 

reasonableness. 

(a) * * * 

(1) In the case of major weapon 

systems, for subsystems of major 

weapon systems and components and 

spare parts of major weapon systems 

and subsystems acquired as commercial 

products in accordance with subpart 

234.70, shall use information submitted 

under 234.7002(e); and 

* * * * * 

PART 215—CONTRACTING BY 

NEGOTIATION 

■ 4. Amend section 215.403–1 by 

revising paragraph (c)(3)(A) to read as 

follows: 

215.403–1 Prohibition on obtaining 

certified cost or pricing data (10 U.S.C. 

chapter 271 and 41 U.S.C. chapter 35). 

* * * * * 

(c) * * * 

(3) * * * 

(A) Follow the procedures at PGI 

215.403–1(c)(3) for pricing commercial 

products or commercial services, except 

see 234.7002(e) for pricing commercial 

subsystems of major weapon systems 

and components and spare parts of 

major weapon systems and subsystems. 

* * * * * 

215.403–3 [Amended] 

■ 5. Amend section 215.403–3 in 

paragraph (c) by removing 

‘‘234.7002(d)’’ and adding 

‘‘234.7002(e)’’ in its place. 

PART 234—MAJOR SYSTEM 

ACQUISITION 

■ 6. Amend section 234.7002— 

■ a. By revising paragraph (b)(2); 

■ b. By adding paragraph (b)(3); 

■ c. By revising paragraphs (c)(1)(ii) and 

(c)(2); 

■ d. By redesignating paragraph (d) as 

paragraph (e); 

■ e. By adding a new paragraph (d); and 

■ f. By revising newly redesignated 

paragraphs (e) introductory text, and 

(e)(1) through (3); 

■ g. In newly redesignated paragraph 

(e)(4), by removing ‘‘paragraph (d)(3)’’ 

and ‘‘paragraphs (d)(1) and (2)’’ and 

adding ‘‘paragraph (e)(1)’’ in their 

places; and 

■ h. In newly redesignated paragraph 

(e)(5), by removing ‘‘paragraphs (d)(1) 

and (2)’’ and ‘‘PGI 234.7002(d)(5)’’ and 

adding ‘‘paragraph (e)(1)’’ and ‘‘PGI 

234.7002(e)(5)’’ in their places, 

respectively. 

The revisions and additions read as 

follows: 

234.7002 Policy. 

* * * * * 

(b) * * * 

(2) The contracting officer determines 

in writing that the subsystem is a 

commercial product in accordance with 

212.102(a)(iii). For a subsystem of a 

major weapon system proposed as a 

commercial product that has not 

previously been determined to be a 

commercial product (see 212.102(a)(ii)), 

follow the procedures in paragraph (d) 

of this section. 

(3) This paragraph (b) shall apply only 

to subsystems of major weapon systems 

that are acquired by DoD through a— 

(i) Prime contract; 

(ii) Modification to a prime contract; 

or 

(iii) Subcontract under a prime 

contract for the acquisition of a 

subsystem proposed as a commercial 

product that has not previously been 

determined to be a commercial product 

(see 212.102(a)(ii)). 

(c) * * * 

(1) * * * 

(ii) The contracting officer determines 

in writing that the component or spare 

part is a commercial product in 

accordance with 212.102(a)(iii). For a 

component or spare part proposed as a 

commercial product that has not 

previously been determined to be a 

commercial product (see 212.102(a)(ii)), 

follow the procedures in paragraph (d) 

of this section. 

(2) This paragraph (c) shall apply only 

to components and spare parts that are 

acquired by DoD through a— 

(i) Prime contract; 

(ii) Modification to a prime contract; 

or 

(iii) Subcontract under a prime 

contract for the acquisition of a 

component or spare part proposed as a 

commercial product that has not 

previously been determined to be a 

commercial product (see 212.102(a)(ii)). 

(d) Commerciality determination. To 

the extent necessary to make a 

commercial product determination in 

accordance with 212.102(a)(iii) that 

relies on paragraph (1), (2), (3), (4), or 

(5) of the ‘‘commercial product’’ 

definition at FAR 2.101 for a subsystem, 

component, or spare part as described in 

paragraphs (b) and (c) of this section, 

the contracting officer shall require the 

offeror to— 

(1) Identify the comparable 

commercial product the offeror sells to 

the general public or nongovernmental 

entities for other than governmental 

purposes; 

(2) Provide a comparison between the 

physical characteristics and 

functionality of the comparable 

commercial product and the subsystem, 

component, or spare part, including— 

(i) For products under paragraph (3)(i) 

of the ‘‘commercial product’’ definition 

at FAR 2.101, a description of the 

modification and documentation to 

support that the modification is 

customarily available in the 

marketplace; or 

(ii) For products under paragraph 

(3)(ii) of the ‘‘commercial product’’ 

definition at FAR 2.101, a detailed 

description of the modification and 

detailed technical data to demonstrate 

that the modification is minor (e.g., 

information on production processes 

and material differences); and 

(3) Provide the national stock number 

(NSN) for the comparable commercial 

product, if one is assigned, and the NSN 

for the subsystem, component, or spare 

part, if one is assigned; or 

(4) If the offeror does not sell a 

comparable commercial product to the 

general public or nongovernmental 

entities for other than governmental 

purposes— 

(i) Notify the contracting officer in 

writing that it does not sell such a 

comparable product; and 

(ii) Provide the contracting officer a 

comparison of the physical 


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characteristics and functionality of the 

comparable commercial product and the 

subsystem, component, or spare part, if 

available. 

(e) Relevant information to determine 

price reasonableness. For products 

relying on paragraph (3)(ii) of the 

commercial product definition at FAR 

2.101, see FAR 15.403–1(c)(3)(iii)(C). 

See 212.209(a) for requirements of 10 

U.S.C. 3453 with regard to market 

research. 

(1) Unless an exception at FAR 

15.403–1(b)(1) or (2) applies— 

(i) To the extent necessary to make a 

determination of price reasonableness, 

the contracting officer shall require the 

offeror to submit or provide to the 

contracting officer access to a 

representative sample, as determined by 

the contracting officer, of prices paid for 

the same or similar commercial 

products under comparable terms and 

conditions by both Government and 

commercial customers and the terms 

and conditions of such sales. 

(ii) If the contracting officer 

determines that the offeror cannot 

provide or give access to sufficient 

information described in this paragraph 

(e)(1) to determine the reasonableness of 

price, the contracting officer shall 

require the offeror to submit or provide 

the contracting officer access to a 

representative sample, as determined by 

the contracting officer, of the prices paid 

for the same or similar commercial 

products sold under different terms and 

conditions and the terms and conditions 

of such sales. 

(2) The contracting officer shall allow 

the offeror to redact only information 

provided pursuant to paragraph (e)(1) of 

this section that identifies the customer, 

if the offeror certifies in writing for each 

sale that the customer is a— 

(i) Government customer (e.g., 

Federal, State, local, or foreign 

government); 

(ii) Commercial customer purchasing 

the product for governmental purposes; 

or 

(iii) Commercial customer purchasing 

the product for a commercial, mixed, or 

unknown purpose. 

(3) If the contracting officer 

determines— 

(i) That the information submitted 

pursuant to paragraph (e)(1) of this 

section is not sufficient to determine the 

reasonableness of price because the 

comparable commercial product(s) 

provided by the offeror are not a valid 

basis for a price analysis; or 

(ii) That the proposed price is not 

reasonable after evaluating sales data, 

then the contracting officer shall obtain 

approval from an official one level 

above the contracting officer, without 

power of delegation, to require the 

offeror to submit other relevant 

information regarding the basis for price 

or cost, including information on labor 

costs, material costs, and overhead rates. 

* * * * * 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 7. Amend section 252.215–7010— 

■ a. By removing the provision date 

‘‘JAN 2023’’ and adding ‘‘DATE’’ in its 

place; 

■ b. In paragraph (a) in the definition of 

‘‘Sufficient non-Government sales’’ by 

removing ‘‘by FAR’’ and adding ‘‘by 

Federal Acquisition Regulation (FAR)’’ 

in its place; 

■ c. By redesignating paragraphs 

(b)(1)(ii)(B) through (E) as (b)(1)(ii)(C) 

through (F); 

■ d. By adding a new paragraph 

(b)(1)(ii)(B); 

■ e. In paragraph (d)(1) by removing 

‘‘DFARS 215.402(a)(i) and 215.404– 

1(b)’’ and adding ‘‘Defense Federal 

Acquisition Regulation Supplement 

(DFARS) 215.402(a)(i), 215.404–1(b), 

and 234.7002(e)’’ in its place; 

■ f. By redesignating paragraphs (d)(3) 

and (4) as (d)(4) and (5); 

■ g. By adding a new paragraph (d)(3); 

■ h. In newly redesignated paragraph 

(d)(4) by removing ‘‘FAR 15.403–3’’ and 

adding ‘‘FAR 15.403–3 or DFARS 

234.7002(e)’’ in its place; 

■ i. In Alternate I— 

■ i. By revising the provision title and 

date; 

■ ii. In paragraph (a) in the definition of 

‘‘Sufficient non-Government sales’’ by 

removing ‘‘by FAR’’ and adding ‘‘by 

Federal Acquisition Regulation (FAR)’’; 

■ iii. By redesignating paragraphs 

(b)(1)(ii)(B) through (E) as (b)(1)(ii)(C) 

through (F); 

■ iv. By adding a new paragraph 

(b)(1)(ii)(B); 

■ v. In paragraph (d)(1) by removing 

‘‘DFARS 215.402(a)(i) and 215.404– 

1(b)’’ and adding ‘‘Defense Federal 

Acquisition Regulation Supplement 

(DFARS) 215.402(a)(i), 215.404–1(b), 

and 234.7002(e)’’ in its place; 

■ vi. By redesignating paragraphs (d)(3) 

and (4) as (d)(4) and (5); 

■ vii. By adding a new paragraph (d)(3); 

and 

■ viii. In newly redesignated paragraph 

(d)(4) by removing ‘‘FAR 15.403–3’’ and 

adding ‘‘FAR 15.403–3 or DFARS 

234.7002(e)’’ in its place. 

The additions and revision read as 

follows: 

252.215–7010 Requirements for Certified 

Cost or Pricing Data and Data Other Than 

Certified Cost or Pricing Data. 

* * * * * 

(b) * * * 

(1) * * * 

(ii) * * * 

(B) For subsystems of a major weapon 

system and components and spare parts 

of a major weapon system or subsystem 

of a major weapon system that have not 

previously been determined to be 

commercial— 

(1) The comparable commercial 

product the Offeror sells to the general 

public or nongovernmental entities; 

(2) A comparison between the 

physical characteristics and 

functionality of the comparable 

commercial product and the subsystem, 

component, or spare part, including— 

(i) For products under paragraph 3(i) 

of the ‘‘commercial product’’ definition 

at FAR 2.101, a description of the 

modification and documentation to 

support that the modification is 

customarily available in the 

marketplace; or 

(ii) For products under paragraph 

(3)(ii) of the ‘‘commercial product’’ 

definition at FAR 2.101, a detailed 

description of the modification and 

detailed technical data to demonstrate 

that the modification is minor (e.g., 

information on production processes 

and material differences); and 

(3) The national stock number (NSN) 

for the comparable commercial product, 

if one is assigned, and the NSN for the 

subsystem, component, or spare part, if 

one is assigned; or 

(4) If the Offeror does not sell a 

comparable commercial product to the 

general public or nongovernmental 

entities for purposes other than 

government purposes, the Offeror 

shall— 

(i) Notify the Contracting Officer in 

writing that it does not sell such a 

comparable product; and 

(ii) Provide the Contracting Officer 

with a comparison of the physical 

characteristics and functionality of the 

most comparable commercial product in 

the commercial market. 

* * * * * 

(d) * * * 

(3) If the Offeror redacts data that 

identifies the customer, then the Offeror 

shall include, for each sale, the 

following signed statement with the 

data submitted: 

‘‘By submission of this data, the Offeror 

[Offeror insert company name] certifies that 

the customer was [Offeror insert one or more 

of the following as applicable: a government 

customer; a commercial customer purchasing 

the same or similar product for governmental 

purposes (e.g., Federal, state, local, or foreign 

government); or a commercial customer 

purchasing the same or similar product for 

a commercial, mixed, or unknown purpose].’’ 

* * * * * 


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Alternate I. * * * 

Requirements for Certified Cost or 

Pricing Data and Data Other Than 

Certified Cost or Pricing Data— 

Alternate I (Date) 

* * * * * 

(b) * * * 

(1) * * * 

(ii) * * * 

(B) For subsystems of a major weapon 

system and components and spare parts 

of a major weapon system or subsystem 

of a major weapon system that have not 

previously been determined to be 

commercial— 

(1) The comparable commercial 

product the Offeror sells to the general 

public or nongovernmental entities; 

(2) A comparison between the 

physical characteristics and 

functionality of the comparable 

commercial product and the subsystem, 

component, or spare part, including— 

(i) For products under paragraph 3(i) 

of the ‘‘commercial product’’ definition 

at FAR 2.101, a description of the 

modification and documentation to 

support that the modification is 

customarily available in the 

marketplace; or 

(ii) For products under paragraph 

(3)(ii) of the ‘‘commercial product’’ 

definition at FAR 2.101, a detailed 

description of the modification and 

detailed technical data to demonstrate 

that the modification is minor (e.g., 

information on production processes 

and material differences); and 

(3) The national stock number (NSN) 

for the comparable commercial product, 

if one is assigned, and the NSN for the 

subsystem, component, or spare part; or 

(4) If the Offeror does not sell a 

comparable commercial product to the 

general public or nongovernmental 

entities for purposes other than 

government purposes, the Offeror 

shall— 

(i) Notify the Contracting Officer in 

writing that it does not sell such a 

comparable product; and 

(ii) Provide the Contracting Officer 

with a comparison of the physical 

characteristics and functionality of the 

most comparable commercial product in 

the commercial market. 

* * * * * 

(d) * * * 

(3) If the Offeror redacts data that 

identifies the customer, then the Offeror 

shall include, for each sale, the 

following signed statement with the 

data submitted: 

‘‘By submission of this data, the Offeror 

[Offeror insert company name] certifies that 

the customer was [Offeror insert one or more 

of the following as applicable: a government 

customer (e.g., Federal, state, local, or foreign 

government); a commercial customer 

purchasing the same or similar product for 

governmental purposes; or a commercial 

customer purchasing the same or similar 

product for a commercial, mixed, or 

unknown purpose].’’ 

* * * * * 

[FR Doc. 2023–27941 Filed 12–21–23; 8:45 am] 

BILLING CODE 6001–FR–P 


ddrumheller on DSK120RN23PROD with PROPOSALS1