[Federal Register Volume 89, Number 187 (Thursday, September 26, 2024)]
[Proposed Rules]
[Pages 79005-79013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21098]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 212, 214, 215, and 252

[Docket DARS-2024-0028]
RIN 0750-AL55


Defense Federal Acquisition Regulation Supplement: DoD Cost or 
Pricing Data Requirements (DFARS Case 2022-D004)

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD).

ACTION: Proposed rule.

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SUMMARY: DoD is proposing to amend the Defense Federal Acquisition 
Regulation Supplement (DFARS) to implement sections of the National 
Defense Authorization Acts for Fiscal Years 2018, 2021, and 2022 that 
update requirements for contractors to submit cost or pricing data.

DATES: Comments on the proposed rule should be submitted in writing to 
the address shown below on or before November 25, 2024, to be 
considered in the formation of a final rule.

ADDRESSES: Submit comments identified by DFARS Case 2022-D004, using 
either of the following methods:
    [cir] Federal eRulemaking Portal: https://www.regulations.gov. 
Search for DFARS Case 2022-D004. Select ``Comment'' and follow the 
instructions to submit a comment. Please include ``DFARS Case 2022-
D004'' on any attached documents.
    [cir] Email: <a href="/cdn-cgi/l/email-protection#a6c9d5c288c2c0c7d4d5e6cbc7cfca88cbcfca"><span class="__cf_email__" data-cfemail="ee819d8ac08a888f9c9dae838f8782c0838782">[email protected]</span></a>. Include DFARS Case 2022-D004 in 
the subject line of the message.
    Comments received will generally 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: Mr. Jon Snyder, telephone 703-945-
5341.

SUPPLEMENTARY INFORMATION:

I. Background

    DoD is proposing to revise the DFARS to implement section 811(b) of 
the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2018 
(Pub. L. 115-91), section 814 of the NDAA for FY 2021 (Pub. L. 116-
283), and section 804 of the NDAA for FY 2022 (Pub. L. 117-81). Section 
811(b) of the NDAA for FY 2018 (10 U.S.C. 2306a(d), now 10

[[Page 79006]]

U.S.C. 3705(a)) requires offerors to submit data other than certified 
cost or pricing data upon contracting officer request. Section 814 of 
the NDAA for FY 2021 (10 U.S.C. 2306(a)(1), now 10 U.S.C. 3702(a)(2), 
(3), and (4)) establishes a $2 million threshold for the Truthful Cost 
or Pricing Data statute (formerly Truth in Negotiations Act (TINA) and 
still referred to as TINA) requirements with respect to contract 
modifications, subcontracts, and modifications to subcontracts, 
respectively. Section 804 of the NDAA for FY 2022 augments the 
requirement at 10 U.S.C. 2306a(a)(6), now 10 U.S.C. 3702(f), for 
contracting officers to modify contracts to reflect the relevant TINA 
threshold.

II. Discussion and Analysis

    TINA requires, with exceptions, that the Government obtain 
certified cost or pricing data for certain contract actions listed at 
Federal Acquisition Regulation (FAR) 15.403-4(a)(1), such as negotiated 
contracts, certain subcontracts, and certain contract modifications. 
Section 811(a) of the NDAA for FY 2018 increased the threshold for 
requesting certified cost or pricing data from $750,000 to $2 million 
for contracts entered into after June 30, 2018, but it left unchanged 
the $750,000 threshold for prime contract modifications. The FAR was 
amended to reflect this change effective August 3, 2020.
    Section 814 of the NDAA for FY 2021 established a uniform $2 
million threshold for TINA requirements with respect to DoD for 
contractual actions, including prime contract modifications, entered 
into after June 30, 2018. In implementing the change to the thresholds 
for prime contract modifications, this proposed rule includes a new 
contract clause at DFARS 252.215-70SS, Requirements for Certified Cost 
or Pricing Data and Data Other Than Certified Cost or Pricing Data--
Modifications, and its Alternate I. This clause is prescribed for use 
in lieu of FAR 52.215-21, Requirements for Certified Cost or Pricing 
Data and Data Other Than Certified Cost or Pricing Data--Modifications, 
in solicitations and contracts, including solicitations and contracts 
using FAR part 12 procedures for the acquisition of commercial products 
and commercial services, if the contracting officer anticipates, at the 
time of solicitation, that postaward submission of certified cost or 
pricing data or data other than certified cost or pricing data may 
possibly be required for modifications. Alternate I is used to specify 
a format for certified cost or pricing data other than the format 
required by FAR Table 15-2. Further, this proposed rule, at DFARS 
215.403-4, requires use of the $2 million threshold for submission of 
certified cost or pricing data in conjunction with relevant FAR 
contract clauses and solicitation provisions regardless of the date on 
which the contract was awarded.
    Section 804 of the NDAA for FY 2022 augments the requirement at 10 
U.S.C. 3702(f) for contracting officers, in connection with a contract 
entered into on or before June 30, 2018, to modify the contract to 
reflect the changed TINA threshold as necessary. In particular, section 
804 requires that such modifications be executed ``as soon as 
practicable.'' DoD is proposing to change DFARS 215.403-4 accordingly, 
adding six clauses, prescribed at DFARS 214.201-7 and 215.408, 
specifically for use when modifying contracts in accordance with 10 
U.S.C. 3702(f). The six clauses are as follows:
    <bullet> 252.214-70QQ, Alternate A, Price Reduction for Defective 
Certified Cost or Pricing Data--Modifications--Sealed Bidding.
    <bullet> 252.214-70RR, Alternate A, Subcontractor Certified Cost or 
Pricing Data--Modifications--Sealed Bidding.
    <bullet> 252.215-70TT, Alternate A, Price Reduction for Defective 
Certified Cost or Pricing Data--Modifications.
    <bullet> 252.215-70UU, Alternate A, Subcontractor Certified Cost or 
Pricing Data.
    <bullet> 252.215-70VV, Alternate A, Subcontractor Certified Cost or 
Pricing Data--Modifications.
    <bullet> 252.215-70WW, Alternate A, Requirements for Certified Cost 
or Pricing Data and Data Other Than Certified Cost or Pricing Data--
Modifications.
    These new DFARS clauses are designed for use with the FAR clauses 
that are already in existing contracts. These six DFARS clauses replace 
the references to the TINA threshold in the FAR clauses with the 
current, relevant TINA threshold for DoD contracts.
    Section 811(b) of the NDAA for FY 2018 requires offerors to submit 
data other than certified cost or pricing data upon contracting officer 
request. Accordingly, DoD proposes to change the solicitation provision 
at DFARS 252.215-7010, Requirements for Certified Cost or Pricing Data 
and Data Other Than Certified Cost or Pricing Data, and its Alternate I 
to require that, upon contracting officer request, the offeror shall 
submit data other than certified cost or pricing data to the extent 
necessary to determine the reasonableness of the price of the contract 
or subcontract. Similarly, the new clause at 252.215-70SS, Requirements 
for Certified Cost or Pricing Data and Data Other Than Certified Cost 
or Pricing Data--Modifications, and its Alternate I reflect the same 
clarifying language.

III. Applicability to Contracts at or Below the Simplified Acquisition 
Threshold (SAT) and for Commercial Services and Commercial Products, 
Including Commercially Available Off-the-Shelf (COTS) Items

    This rule proposes to amend the solicitation provision at DFARS 
252.215-7010, Requirements for Certified Cost or Pricing Data and Data 
Other Than Certified Cost or Pricing Data, which already applies to 
solicitations using FAR part 12 procedures for the acquisition of 
commercial products and commercial services. The changes to the 
solicitation provision in this proposed rule, however, do not impose 
any new requirements on contracts at or below the SAT or for commercial 
services and commercial products, including COTS items. The provision 
will continue not to apply to acquisitions at or below the SAT but will 
continue to apply to acquisitions of commercial services and commercial 
products, including COTS items.
    This proposed rule adds a new clause at DFARS 252.215-70SS, 
Requirements for Certified Cost or Pricing Data and Data Other Than 
Certified Cost or Pricing Data--Modifications, and its Alternate I. The 
clause at DFARS 252.215-70SS is prescribed at DFARS 215.408(5)(ii) 
introductory text and (5)(ii)(A) and (B) for use in lieu of the clause 
at FAR 52.215-21, Requirements for Certified Cost or Pricing Data and 
Data Other Than Certified Cost or Pricing Data--Modifications, in 
solicitations and contracts, including solicitations and contracts 
using FAR part 12 procedures for the acquisition of commercial products 
and commercial services, if it is anticipated at the time of 
solicitation that postaward submission of certified cost or pricing 
data or data other than certified cost or pricing data may be required 
for prime contract modifications. Alternate I is prescribed when a 
format other than the FAR Table 15-2 format may be used for the 
certified cost or pricing data.
    This proposed rule also includes new clauses at DFARS 252.214-70QQ, 
Alternate A, Price Reduction for Defective Certified Cost or Pricing 
Data--Modifications--Sealed Bidding; 252.214-70RR, Alternate A, 
Subcontractor Certified Cost or Pricing Data--Modifications--Sealed 
Bidding; 252.215-70TT, Alternate A, Price Reduction for Defective 
Certified Cost or

[[Page 79007]]

Pricing Data--Modifications; 252.215-70UU, Alternate A, Subcontractor 
Certified Cost or Pricing Data; 252.215-70VV, Alternate A, 
Subcontractor Certified Cost or Pricing Data--Modifications; and 
252.215-70WW, Alternate A, Requirements for Certified Cost or Pricing 
Data and Data Other Than Certified Cost or Pricing Data--Modifications. 
These clauses are prescribed for use with the respective clauses at FAR 
52.214-27, Price Reduction for Defective Certified Cost or Pricing 
Data--Modifications--Sealed Bidding; FAR 52.214-28, Subcontractor 
Certified Cost or Pricing Data--Modifications--Sealed Bidding; 52.215-
11, Price Reduction for Defective Certified Cost or Pricing Data--
Modifications; 52.215-12, Subcontractor Certified Cost or Pricing Data; 
and 52.215-13, Subcontractor Certified Cost or Pricing Data--
Modifications; when, in accordance with 10 U.S.C. 3702(f), modifying a 
prime contract entered into before July 1, 2018. Therefore, these 
clauses are not appropriate for use in new FAR part 12 solicitations 
and contracts.
    DoD does not intend to apply the proposed rule to contracts at or 
below the SAT. DoD does intend to apply the proposed rule to contracts 
for the acquisition of commercial services and commercial products, 
including COTS items.

A. Applicability to Contracts at or Below the Simplified Acquisition 
Threshold

    The statute at 41 U.S.C. 1905 governs the applicability of laws to 
contracts or subcontracts in amounts not greater than the simplified 
acquisition threshold. It is intended to limit the applicability of 
laws to such contracts or subcontracts. The statute at 41 U.S.C. 1905 
provides that if a provision of law contains criminal or civil 
penalties, or if the Federal Acquisition Regulatory Council makes a 
written determination that it is not in the best interest of the 
Federal Government to exempt contracts or subcontracts at or below the 
SAT, the law will apply to them. The Principal Director, Defense 
Pricing, Contracting, and Acquisition Policy (DPCAP), is the 
appropriate authority to make comparable determinations for regulations 
to be published in the DFARS, which is part of the FAR system of 
regulations. DoD does not intend to make that determination. Therefore, 
this proposed rule will not apply at or below the simplified 
acquisition threshold.

B. Applicability to Contracts for the Acquisition of Commercial 
Services and Commercial Products, Including COTS Items

    The statute at 10 U.S.C. 3452 exempts contracts and subcontracts 
for the acquisition of commercial products, including COTS items, and 
commercial services from provisions of law enacted after October 13, 
1994, unless the Under Secretary of Defense (Acquisition and 
Sustainment) (USD(A&S)) makes a written determination that it would not 
be in the best interest of DoD to exempt contracts for the procurement 
of commercial products and commercial services from the applicability 
of the provision or contract requirement, except for a provision of law 
that--
    <bullet> Provides for criminal or civil penalties;
    <bullet> Requires that certain articles be bought from American 
sources pursuant to 10 U.S.C. 4862 (previously 10 U.S.C. 2533c), or 
that strategic materials critical to national security be bought from 
American sources pursuant to 10 U.S.C. 4863 (previously 10 U.S.C. 
2533b); or
    <bullet> Specifically refers to 10 U.S.C. 3452 and states that it 
shall apply to contracts and subcontracts for the acquisition of 
commercial products (including COTS items) and commercial services.
    The statutes implemented in this proposed rule do not impose 
criminal or civil penalties, do not require purchase pursuant to 10 
U.S.C. 4862 or 4863, and do not refer to 10 U.S.C. 3452. Therefore, 
section 811(b) of the NDAA for FY 2018, section 814 of the NDAA for FY 
2021, and section 804 of the NDAA for FY 2022 will not apply to the 
acquisition of commercial services or commercial products including 
COTS items unless a written determination is made. Due to delegations 
of authority, the Principal Director, DPCAP is the appropriate 
authority to make this determination. DoD intends to make that 
determination to apply these statutes to the acquisition of commercial 
products, including COTS items, and to the acquisition of commercial 
services.

C. Determination

    DFARS 252.215-7010, Requirements for Certified Cost or Pricing Data 
and Data Other Than Certified Cost or Pricing Data, allows offerors to 
submit a written request for an exception from the requirement to 
submit certified cost or pricing data, by submitting specific 
information to support a commercial product or commercial service 
exception or an exception based on prices set by law or regulation. As 
this implies, DFARS 252.215-7010 is presently prescribed for use in 
solicitations to include those using FAR part 12 procedures for the 
acquisition of commercial products and commercial services. This 
proposed rule does not include any changes to this prescription.
    The requirements of section 811(b) of the NDAA for FY 2018, section 
814 of the NDAA for FY 2021, and section 804 of the NDAA for FY 2022 
should apply to the procurement of commercial products, including COTS 
items, and to the procurement of commercial services for the following 
reasons. Implementation of these sections provides guidance concerning 
rendering of commercial product and commercial service determinations 
and the appropriate amount and type of other than certified cost or 
pricing information that contracting officers must require an offeror 
to submit in order to determine whether proposed prices for commercial 
products and commercial services are fair and reasonable. Exclusion of 
acquisitions of commercial products, including COTS items, and 
commercial services would greatly limit the impact of the statutory 
requirements and forestall the opportunity to clarify commercial 
product and commercial service documentation, pricing criteria, and 
requirements. For example, implementing section 811(b) of the NDAA for 
FY 2018 requires augmenting DFARS 252.215-7010, which presently applies 
to the acquisition of commercial products and commercial services. 
Section 804 of the NDAA for FY 2022 will be implemented in a proposed 
new DFARS clause, 252.215-70SS, that is applicable postaward in a 
manner analogous to the solicitation provision at DFARS 252.215-7010. 
The new clause at 252.215-70SS must similarly apply to the acquisition 
of commercial products and commercial services. In order to reflect 
congressional intent, section 814 of the NDAA for FY 2021 must apply to 
the acquisition of commercial products and commercial services as a 
consequence of 252.215-7010 applying to such acquisitions.
    An exception for contracts for the acquisition of commercial items, 
including COTS items, would exclude the contracts intended to be 
covered by the law, thereby undermining the overarching public policy 
purpose of the law.

IV. Expected Impact of the Proposed Rule

    By increasing the TINA threshold for contract modifications and 
subcontracts to match that of contracts entered into after June 30, 
2018, this proposed rule,

[[Page 79008]]

when finalized, will benefit both the Government and the public. In 
particular, by implementing a uniform TINA threshold, this proposed 
rule will promote efficiency and reduce costs associated with 
administering contracts. This proposed rule requires contractors to 
provide data other than certified cost or pricing data when certified 
cost or pricing data is not required. Finally, this proposed rule 
provides Government contracting officers with the ability to obtain 
data other than certified cost or pricing data for contract 
modifications analogous to what they can obtain when issuing contracts. 
This data is critical for determining fair and reasonable prices when 
certified cost or pricing data is not required. Adding this language 
should expedite contract negotiations and award.

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 the proposed rule does not add to existing requirements 
for the submission of other than certified cost or pricing data for the 
purpose of determining the reasonableness of proposed prices; rather, 
the proposed rule decreases the number of contracts and subcontracts 
subject to TINA. However, an initial regulatory flexibility analysis 
has been performed and is summarized as follows:
    DoD is proposing to amend the DFARS to implement the following: 
section 811(b) of the National Defense Authorization Act (NDAA) for 
Fiscal Year (FY) 2018 (Pub. L. 115-91), section 814 of the NDAA for FY 
2021 (Pub. L. 116-283), and section 804 of the NDAA for FY 2022 (Pub. 
L. 117-81). Section 811(b) of the NDAA for FY 2018 (10 U.S.C. 2306a(d), 
now 10 U.S.C. 3705(a)) requires offerors to submit data other than 
certified cost or pricing data upon contracting officer request. 
Section 814 of the NDAA for FY 2021 (10 U.S.C. 2306(a)(1), now 10 
U.S.C. 3702(a)(2), (3), and (4)) establishes a $2 million threshold for 
the Truthful Cost or Pricing Data (Truth in Negotiations) statute 
(referred to as TINA) requirements with respect to contract 
modifications, subcontracts, modifications to subcontracts. TINA 
requires, with notable exceptions, contractors to submit cost or 
pricing data and to certify the accuracy of the data, for the award of 
negotiated contracts exceeding the $2 million threshold. Section 804 of 
the NDAA for FY 2022 augments the requirement at 10 U.S.C. 2306a(a)(6) 
(now 10 U.S.C. 3702(f)) for contracting officers to modify contracts to 
reflect the relevant TINA threshold. Section 804 requires such 
modifications to be executed ``as soon as practicable.''
    The objective of this proposed rule is to propose amendments to the 
DFARS to implement the statutory changes described above. The legal 
basis for the proposed rule is section 811(b) of the NDAA for FY 2018, 
section 814 of the NDAA for FY 2021, and section 804 of the NDAA for FY 
2022.
    Data was obtained from the Federal Procurement Data System for new 
awards valued over $2 million in FY 2019, FY 2020, and FY 2021. DoD 
awarded an average of 10,593 contracts per year during FY 2019 through 
FY 2021. Of those contracts, an average of approximately 5,567 
contracts were awarded to 3,659 unique small entities per year. By 
increasing the TINA threshold for contract modifications and 
subcontracts, this proposed rule will benefit small businesses by 
reducing the overall number of contracts to which TINA requirements 
apply.
    The proposed rule imposes new reporting, recordkeeping, or 
compliance requirements via proposed DFARS clause 252.215-70SS, 
Requirements for Certified Cost or Pricing Data and Data Other Than 
Certified Cost or Pricing Data--Modifications.
    The 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 statutes.
    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 2022-
D004), in correspondence.

VII. Paperwork Reduction Act

    This proposed rule contains information collection requirements 
that require the approval of the Office of Management and Budget (OMB) 
under the Paperwork Reduction Act (44 U.S.C. chapter 35). Accordingly, 
DoD has submitted a request for approval of a revised information 
collection requirement concerning OMB Control Number 0704-0574, titled 
``Defense Federal Acquisition Regulation Supplement (DFARS) Part 215; 
Only One Offer and Related Clauses at 252.215,'' to OMB.

A. Estimate of Public Burden

    Public reporting burden for this collection of information is 
estimated to average 30 hours per response, including the time for 
reviewing instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information.
    The annual reporting burden estimated as follows:
    Respondents: 1,247.
    Total annual responses: 1,435.
    Total annual burden hours: 50,190.

B. Request for Comments Regarding Paperwork Burden

    Written comments and recommendations on the proposed information 
collection, including suggestions for reducing this burden, should be 
submitted using the Federal eRulemaking Portal at https://www.regulations.gov or by email to <a href="/cdn-cgi/l/email-protection#29465a4d074d4f485b5a694448404507444045"><span class="__cf_email__" data-cfemail="8be4f8efa5efedeaf9f8cbe6eae2e7a5e6e2e7">[email protected]</span></a>. Comments can be 
received up to 60 days after the date of this notice.
    Public comments are particularly invited on: whether this 
collection of information is necessary for the proper performance of 
the functions of DoD, including whether the information will have 
practical utility; the accuracy of DoD's estimate of the burden of this 
information collection; ways to enhance the quality, utility, and 
clarity of the information to be collected; and ways to minimize the 
burden of the information collection on respondents, including through 
the use of automated collection techniques or other forms of 
information technology.
    To obtain a copy of the supporting statement and associated 
collection instruments, please email <a href="/cdn-cgi/l/email-protection#46293522682220273435062b272f2a682b2f2a"><span class="__cf_email__" data-cfemail="8ce3ffe8a2e8eaedfeffcce1ede5e0a2e1e5e0">[email protected]</span></a>. Include DFARS 
Case 2022-D004 in the subject line of the message.

[[Page 79009]]

List of Subjects in 48 CFR Parts 212, 214, 215, and 252

    Government procurement.

Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition Regulations System.

    Therefore, the Defense Acquisition Regulations System proposes to 
amend 48 CFR parts 212, 214, 215, and 252 amended as follows:

0
1. The authority citation for 48 CFR parts 212, 214, 215, 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

0
2. Amend section 212.301 by revising paragraph (f)(vi)(E) introductory 
text and adding paragraph (f)(vi)(G) to read as follows:


212.301   Solicitation provisions and contract clauses for the 
acquisition of commercial products and commercial services.

* * * * *
    (f) * * *
    (vi) * * *
    (E) Use the provision 252.215-7010, Requirements for Certified Cost 
or Pricing Data and Data Other Than Certified Cost or Pricing Data, as 
prescribed at 215.408(5)(i) to comply with section 831 of the National 
Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and 10 
U.S.C. 3702(a), 3703(d) and (e), and 3705(a).
* * * * *
    (G) Use the clause at 252.215-70SS, Requirements for Certified Cost 
or Pricing Data and Data Other Than Certified Cost or Pricing Data--
Modifications, as prescribed at 215.408(5)(ii) to comply with section 
831 of the National Defense Authorization Act for Fiscal Year 2013 
(Pub. L. 112-239) and 10 U.S.C. 3702(a), 3703(d) and (e), and 3705(a).
* * * * *

PART 214--SEALED BIDDING

0
3. Revise section 214.201-6 to read as follows:


214.201-6  Solicitation provisions.

    Use the provisions at 252.215-7007, Notice of Intent to Resolicit, 
and 252.215-7008, Only One Offer, as prescribed at 215.371-6 and 
215.408(3), respectively.
0
4. Add section 214.201-7 to read as follows:


214.201-7  Contract clauses.

    (b)(1) When modifying a contract entered into before July 1, 2018, 
in accordance with 215.403-4(a)(3), use the clause at FAR 52.214-27, 
Price Reduction for Defective Certified Cost or Pricing Data--
Modifications--Sealed Bidding, with 252.214-70QQ, Alternate A, Price 
Reduction for Defective Certified Cost or Pricing Data--Modifications--
Sealed Bidding.
    (c)(1)(ii) When modifying a contract entered into before July 1, 
2018, in accordance with 215.403-4(a)(3), use the clause at FAR 52.214-
28, Subcontractor Certified Cost or Pricing Data--Modifications--Sealed 
Bidding, with 252.214-70RR, Alternate A, Subcontractor Certified Cost 
or Pricing Data--Modifications--Sealed Bidding. Do not use alternate I 
of the clause at FAR 52.214-28.

PART 215--CONTRACTING BY NEGOTIATION

0
5. Add section 215.403-4 to read as follows:


215.403-4  Requiring certified cost or pricing data (10 U.S.C. chapter 
271 and 41 U.S.C. chapter 35).

    (a)(1) Notwithstanding FAR 15.403-4(a)(1), the $2 million threshold 
for obtaining certified cost or pricing data applies to contract 
modifications, subcontracts, and subcontract modifications, regardless 
of when the prime contract was awarded.
    (3) For a contract entered into before July 1, 2018, the 
contracting officer shall modify the contract as soon as practicable, 
without requiring consideration, to reflect the threshold at paragraph 
(a)(1) for obtaining certified cost or pricing data on contract 
modifications and subcontracts entered into on or after July 1, 2018 
(10 U.S.C. 3702(f)). See 214.201-7 and 215.408.
0
6. Amend section 215.408--
0
a. By redesignating paragraphs (5)(ii) and (iii) as paragraphs (5)(iii) 
and (iv); and
0
b. By adding a new paragraph (5)(ii) and paragraph (9).
    The additions read as follows:


215.408  Solicitation provisions and contract clauses.

* * * * *
    (5) * * *
    (ii) Use the basic or alternate of the clause at 252.215-70SS, 
Requirements for Certified Cost or Pricing Data and Data Other Than 
Certified Cost or Pricing Data--Modifications, in lieu of the clause at 
FAR 52.215-21, Requirements for Certified Cost or Pricing Data and Data 
Other Than Certified Cost or Pricing Data--Modifications, in 
solicitations and contracts, including solicitations and contracts 
using FAR part 12 procedures for the acquisition of commercial products 
and commercial services, if it is reasonably certain that certified 
cost or pricing data or data other than certified cost or pricing data 
will be required for modifications.
    (A) Use the basic clause when submission of certified cost or 
pricing data is required to be in the FAR Table 15-2 format.
    (B) Use the alternate I clause to specify a format for certified 
cost or pricing data other than the format required by FAR Table 15-2.
* * * * *
    (9) When modifying a prime contract entered into before July 1, 
2018, in accordance with 215.403-4(a)(3)--
    (i) Use the clause at FAR 52.215-11, Price Reduction for Defective 
Certified Cost or Pricing Data--Modifications, with 252.215-70TT, 
Alternate A, Price Reduction for Defective Certified Cost or Pricing 
Data--Modifications.
    (ii)(A) Use the clause at FAR 52.215-12, Subcontractor Certified 
Cost or Pricing Data, with 252.215-70UU, Alternate A, Subcontractor 
Certified Cost or Pricing Data.
    (B) Do not use alternate I of the clause at FAR 52.215-12.
    (iii)(A) Use the clause at FAR 52.215-13, Subcontractor Certified 
Cost or Pricing Data--Modifications, with 252.215-70VV, Alternate A, 
Subcontractor Certified Cost or Pricing Data--Modifications.
    (B) Do not use alternate I of the clause at FAR 52.215-13.
    (iv) Use the clause at 52.215-21, Requirements for Certified Cost 
or Pricing Data and Data Other Than Certified Cost or Pricing Data--
Modifications, with 252.215-70WW, Alternate A, Requirements for 
Certified Cost or Pricing Data and Data Other Than Certified Cost or 
Pricing Data--Modifications.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
7. Add section 252.214-70QQ to read as follows:


252.214-70QQ  Alternate A, Price Reduction for Defective Certified Cost 
or Pricing Data--Modifications--Sealed Bidding.

    As prescribed in 214.201-7(b)(1), use the following clause:

[[Page 79010]]

Alternate A, Price Reduction for Defective Certified Cost or Pricing 
Data--Modifications--Sealed Bidding (Date)

    Substitute ``215.403-4(a)(1) of the Defense Federal Acquisition 
Regulation Supplement'' for references to 15.403-4(a)(1) of the 
Federal Acquisition Regulation wherever they appear in the clause at 
52.214-27, Price Reduction for Defective Certified Cost or Pricing 
Data--Modifications--Sealed Bidding.


(End of clause)

0
8. Add section 252.214-70RR to read as follows:


252.214-70RR  Alternate A, Subcontractor Certified Cost or Pricing 
Data--Modifications--Sealed Bidding.

    As prescribed in 214.201-7(c)(1)(ii), use the following clause:

Alternate A, Subcontractor Certified Cost or Pricing Data--
Modifications--Sealed Bidding (Date)

    Substitute ``215.403-4(a)(1) of the Defense Federal Acquisition 
Regulation Supplement'' for references to 15.403-4(a)(1) of the 
Federal Acquisition Regulation wherever they appear in the clause at 
52.214-28, Subcontractor Certified Cost or Pricing Data--
Modifications--Sealed Bidding.


(End of clause)

0
9. Amend section 252.215-7010--
0
a. By removing the provision date of ``(MAY 2024)'' and adding 
``(DATE)'' in its place;
0
b. By revising paragraph (b)(1)(ii)(C);
0
c. In paragraph (b)(1)(ii)(D) by removing ``items'' and ``the DoD'' and 
adding ``products or services'' and ``DoD'' in their places, 
respectively;
0
d. In paragraphs (b)(1)(ii)(E) and (F) by removing ``items'' and adding 
``products or services'' in its place;
0
e. By revising paragraph (c)(3);
0
f. By redesignating paragraphs (d)(1) through (5) as paragraphs (d)(2) 
through (6);
0
g. By adding a new paragraph (d)(1);
0
h. In newly redesignated paragraph (d)(5) by removing ``FAR 15.403-3'' 
and adding ``this paragraph (d)'' in its place;
0
i. In paragraph (e)(1) by removing ``FAR 15.403-4'' and adding ``DFARS 
215.403-4(a)(1)'' in its place; and
0
j. In Alternate I--
0
i. By removing the provision date of ``(MAY 2024)'' and adding 
``(DATE)'' in its place;
0
ii. By revising paragraph (b)(1)(ii)(C);
0
iii. In paragraph (b)(1)(ii)(D) by removing ``items'' and ``the DoD'' 
and adding ``products or services'' and ``DoD'' in their places, 
respectively;
0
iv. In paragraph (b)(1)(ii)(E) by removing ``items'' and adding 
``products or services'' in its place;
0
v. By revising paragraphs (b)(1)(ii)(F) and (c)(3);
0
vi. By redesignating paragraphs (d)(1) through (6) as paragraphs (d)(2) 
through (7);
0
vii. By adding a new paragraph (d)(1);
0
viii. By revising newly redesignated paragraph (d)(6); and
0
ix. In paragraph (e)(1) by removing ``FAR 15.403-4'' and adding ``DFARS 
215.403-4(a)(1)'' in its place.
    The revisions and additions 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) * * *
    (C) For products or services priced based on a catalog--
    (1) A copy of or identification of the Offeror's current catalog 
showing the price for that product or service; and
    (2) If the catalog pricing provided with this proposal is not 
supported by all relevant sales data, a detailed description of 
differences or inconsistencies between or among the relevant sales 
data, the proposed price, and the catalog price (including any related 
discounts, refunds, rebates, offsets, or other adjustments);
* * * * *
    (c) * * *
    (3) The Offeror is responsible for determining whether a 
subcontractor qualifies for an exception from the requirement for 
submission of certified cost or pricing data on the basis of adequate 
price competition in accordance with FAR 15.403-1(c)(1)(i).
    (d) * * *
    (1) When certified cost or pricing data are not required to be 
submitted under this provision, the Offeror shall submit data other 
than certified cost or pricing data to the extent necessary to 
determine the reasonableness of the price of the contract or 
subcontract, when requested by the Contracting Officer.
* * * * *
    Alternate I. * * *
    (b) * * *
    (1) * * *
    (ii) * * *
    (C) For products or services priced based on a catalog--
    (1) A copy of or identification of the Offeror's current catalog 
showing the price for that product or service; and
    (2) If the catalog pricing provided with this proposal is not 
supported by all relevant sales data, a detailed description of 
differences or inconsistencies between or among the relevant sales 
data, the proposed price, and the catalog price (including any related 
discounts, refunds, rebates, offsets, or other adjustments);
* * * * *
    (F) For products or services provided by nontraditional defense 
contractors, a statement that the entity is not currently performing 
and has not performed, for at least the 1-year period preceding the 
solicitation of sources by DoD for the procurement or transaction, any 
contract or subcontract for DoD that is subject to full coverage under 
the cost accounting standards prescribed pursuant to 41 U.S.C. 1502 and 
the regulations implementing such section.
* * * * *
    (c) * * *
    (3) The Offeror is responsible for determining whether a 
subcontractor qualifies for an exception from the requirement for 
submission of certified cost or pricing data on the basis of adequate 
price competition in accordance with FAR 15.403-1(c)(1)(i).
    (d) * * *
    (1) When certified cost or pricing data are not required to be 
submitted under this provision, the Offeror shall submit data other 
than certified cost or pricing data to the extent necessary to 
determine the reasonableness of the price of the contract or 
subcontract, when requested by the Contracting Officer.
* * * * *
    (5) Within 10 days of a written request from the Contracting 
Officer for additional information to permit an adequate evaluation of 
the proposed price in accordance with this paragraph (d), the Offeror 
shall provide either the requested information, or a written 
explanation for the inability to fully comply.
* * * * *
0
10. Add section 252.215-70SS to read as follows:


252.215-70SS   Requirements for Certified Cost or Pricing Data and Data 
Other Than Certified Cost or Pricing Data--Modifications.

    As prescribed in 215.408(5)(ii) and (5)(ii)(A), use the following 
basic clause:

Requirements for Certified Cost or Pricing Data and Data Other Than 
Certified Cost or Pricing Data--Modifications--Basic (DATE)

    (a) Definitions. As used in this clause--
    Market prices means current prices that are established in the 
course of ordinary trade between buyers and sellers free to bargain 
and that can be substantiated through competition or from sources 
independent of the offeror, contractor, or subcontractor.
    Non-Government sales means sales of the supplies or services to 
non-Governmental entities for purposes other than governmental 
purposes.

[[Page 79011]]

    Relevant sales data means information provided by an offeror, 
contractor, or subcontractor on sales of the same or similar items 
that can be used to establish price reasonableness taking into 
consideration the age, volume, and nature of the transactions 
(including any related discounts, refunds, rebates, offsets, or 
other adjustments).
    Sufficient non-Government sales means relevant sales data that 
reflects market pricing and contains enough information to make 
adjustments covered by Federal Acquisition Regulation (FAR) 15.404-
1(b)(2)(ii)(B).
    Uncertified cost data means the subset of ``data other than 
certified cost or pricing data'' (see FAR 2.101) that relates to 
cost.
    (b) Exceptions from certified cost or pricing data.
    (1) In lieu of submitting certified cost or pricing data for 
modifications under this contract, for price adjustments expected to 
exceed the threshold set forth in Defense Federal Acquisition 
Regulation Supplement (DFARS) 215.403-4(a)(1), the Contractor may 
submit a written request for exception by submitting the information 
described in paragraphs (b)(1)(i) and (ii) of this clause. The 
Contracting Officer may require additional supporting information, 
but only to the extent necessary to determine whether an exception 
should be granted and whether the price is fair and reasonable.
    (i) Exception for prices set by law or regulation--
Identification of the law or regulation establishing the prices 
offered. If the prices are controlled under law by periodic rulings, 
reviews, or similar actions of a governmental body, provide a copy 
of the controlling document, unless it was previously submitted to 
the contracting office.
    (ii) Commercial product and commercial service exception. For a 
commercial product or commercial service exception, the Contractor 
shall submit, at a minimum, information that is adequate for 
evaluating the reasonableness of the price for this modification, 
including prices at which the same or similar products or services 
have been sold in the commercial market. The Contractor may provide 
information establishing that the proposed modification would not 
change the existing contract or subcontract from a contract or 
subcontract for a commercial product or commercial service to one 
for other than a commercial product or service. Such information 
shall include--
    (A) For products or services previously determined to be 
commercial, the contract number and military department, defense 
agency, or other DoD component that rendered such determination and, 
if available, a Government point of contact;
    (B) For products or services priced based on a catalog--
    (1) A copy of or identification of the Contractor's current 
catalog showing the price for that product or service; and
    (2) If the catalog pricing provided with this proposal is not 
supported by all relevant sales data, a detailed description of 
differences or inconsistencies between or among the relevant sales 
data, the proposed price, and the catalog price, including any 
related discounts, refunds, rebates, offsets, or other adjustments;
    (C) For products or services priced based on market pricing, a 
description of the nature of the commercial market, the methodology 
used to establish a market price, and all relevant sales data. The 
description shall be adequate to permit DoD to verify the accuracy 
of the description;
    (D) For products or services included on an active Federal 
Supply Service Multiple Award Schedule contract, proof that an 
exception has been granted for the schedule products or services; or
    (E) For products or services provided by nontraditional defense 
contractors, a statement that the entity is not currently performing 
and has not performed, for at least the 1-year period preceding the 
solicitation of sources by DoD for the procurement, any contract or 
subcontract for DoD that is subject to full coverage under the cost 
accounting standards prescribed pursuant to 41 U.S.C. 1502 and the 
regulations implementing such section.
    (2) The Contractor grants the Contracting Officer or an 
authorized representative the right to examine, at any time before 
award, books, records, documents, or other directly pertinent 
records to verify any request for an exception under this clause, 
and to determine the reasonableness of price.
    (c) Requirements for certified cost or pricing data. If the 
Contractor is not granted an exception from the requirement to 
submit certified cost or pricing data, the following applies:
    (1) The Contractor shall prepare and submit certified cost or 
pricing data and supporting attachments in accordance with the 
instructions contained in Table 15-2 of FAR 15.408, which is 
incorporated by reference with the same force and effect as though 
it were inserted here in full text. The instructions in Table 15-2 
are incorporated as a mandatory format to be used in this contract, 
unless the Contracting Officer and the Contractor agree to a 
different format and replace this clause with Alternate I of 
252.215-70SS.
    (2) As soon as practicable after agreement on price, but before 
award of the modification, the Contractor shall submit a Certificate 
of Current Cost or Pricing Data, as prescribed by FAR 15.406-2.
    (3) The Contractor is responsible for determining whether a 
subcontractor qualifies for an exception from the requirement for 
submission of certified cost or pricing data on the basis of 
adequate price competition in accordance with FAR 15.403-1(c)(1)(i).
    (d) Requirements for data other than certified cost or pricing 
data.
    (1) When certified cost or pricing data are not required to be 
submitted under this clause for a contract or subcontract, the 
Contractor shall submit data other than certified cost or pricing 
data to the extent necessary to determine the reasonableness of the 
price of the contract or subcontract when requested by the 
Contracting Officer.
    (2) Data other than certified cost or pricing data submitted in 
accordance with this clause shall include the minimum information 
necessary to permit a determination that the proposed price is fair 
and reasonable, to include the requirements in DFARS 215.402(a)(i) 
and 215.404-1(b).
    (3) In cases in which uncertified cost data is required, the 
information shall be provided in the form in which it is regularly 
maintained by the Contractor, subcontractor, or prospective 
subcontractor in its business operations.
    (4) Within 10 days of a written request from the Contracting 
Officer for additional information to permit an adequate evaluation 
of the proposed price in accordance with this paragraph, the 
Contractor shall provide either the requested information or a 
written explanation for the inability to fully comply.
    (e) Subcontract price evaluation.
    (1) Contractors shall obtain from subcontractors the minimum 
information necessary to support a determination of price 
reasonableness, as described in FAR part 15 and DFARS part 215.
    (2) No cost data may be required from a current or prospective 
subcontractor in any case in which there are sufficient non-
Government sales of the same item to establish reasonableness of 
price.
    (3) If the Contractor relies on relevant sales data for similar 
items to determine the price is reasonable, the Contractor shall 
obtain only that technical information necessary to--
    (i) Support the conclusion that items are technically similar; 
and
    (ii) Explain any technical differences that account for 
variances between the proposed prices and the sales data presented.
    (f) Subcontracts. The Contractor shall insert the substance of 
this clause, including this paragraph (f), in subcontracts exceeding 
the simplified acquisition threshold defined in FAR part 2. The 
Contractor shall require subcontractors and prospective 
subcontractors to adhere to the requirements of--
    (1) Paragraphs (c) and (d) of this clause for subcontracts above 
the threshold for submission of certified cost or pricing data in 
DFARS 215.403-4(a)(1); and
    (2) Paragraph (d) of this clause for subcontracts exceeding the 
simplified acquisition threshold defined in FAR part 2.

(End of clause)

    Alternate I. As prescribed in 215.408(5)(ii) and (5)(ii)(B), use 
the following clause, which includes a different paragraph (c)(1) 
than the basic clause and amends paragraph (d) by redesignating 
paragraph (d)(4) of the basic clause as (d)(5) and adding a new 
paragraph (d)(4).

Requirements for Certified Cost or Pricing Data and Data Other Than 
Certified Cost or Pricing Data--Modifications--Alternate I (DATE)

    (a) Definitions. As used in this clause--
    Market prices means current prices that are established in the 
course of ordinary trade between buyers and sellers free to bargain 
and that can be substantiated through competition or from sources 
independent of the offeror, contractor, or subcontractor.
    Non-Government sales means sales of the supplies or services to 
non-Governmental entities for purposes other than governmental 
purposes.
    Relevant sales data means information provided by an offeror, 
contractor, or subcontractor on sales of the same or similar

[[Page 79012]]

items that can be used to establish price reasonableness taking into 
consideration the age, volume, and nature of the transactions 
(including any related discounts, refunds, rebates, offsets, or 
other adjustments).
    Sufficient non-Government sales means relevant sales data that 
reflects market pricing and contains enough information to make 
adjustments covered by Federal Acquisition Regulation (FAR) 15.404-
1(b)(2)(ii)(B).
    Uncertified cost data means the subset of ``data other than 
certified cost or pricing data'' (see FAR 2.101) that relates to 
cost.
    (b) Exceptions from certified cost or pricing data.
    (1) In lieu of submitting certified cost or pricing data for 
modifications under this contract, for price adjustments expected to 
exceed the threshold set forth in Defense Federal Acquisition 
Regulation Supplement (DFARS) 215.403-4(a)(1), the Contractor may 
submit a written request for exception by submitting the information 
described in paragraphs (b)(1)(i) and (ii) of this clause. The 
Contracting Officer may require additional supporting information, 
but only to the extent necessary to determine whether an exception 
should be granted and whether the price is fair and reasonable.
    (i) Exception for prices set by law or regulation--
Identification of the law or regulation establishing the prices 
offered. If the price is controlled under law by periodic rulings, 
reviews, or similar actions of a governmental body, provide a copy 
of the controlling document, unless it was previously submitted to 
the contracting office.
    (ii) Commercial product and commercial service exception. For a 
commercial product or commercial service exception, the Contractor 
shall submit, at a minimum, information that is adequate for 
evaluating the reasonableness of the price for this modification, 
including prices at which the same or similar products or services 
have been sold in the commercial market. The Contractor may provide 
information establishing that the proposed modification would not 
change the existing contract or subcontract from a contract or 
subcontract for a commercial product or commercial service to one 
for other than a commercial product or service. Such information 
shall include--
    (A) For products or services previously determined to be 
commercial, the contract number and military department, defense 
agency, or other DoD component that rendered such determination and, 
if available, a Government point of contact;
    (B) For products or services priced based on a catalog--
    (1) A copy of or identification of the Contractor's current 
catalog showing the price for that product or service; and
    (2) If the catalog pricing provided with this proposal is not 
supported by all relevant sales data, a detailed description of 
differences or inconsistencies between or among the relevant sales 
data, the proposed price, and the catalog price, including any 
related discounts, refunds, rebates, offsets, or other adjustments;
    (C) For products or services priced based on market pricing, a 
description of the nature of the commercial market, the methodology 
used to establish a market price, and all relevant sales data. The 
description shall be adequate to permit DoD to verify the accuracy 
of the description;
    (D) For products or services included on an active Federal 
Supply Service Multiple Award Schedule contract, proof that an 
exception has been granted for the schedule products or services; or
    (E) For products or services provided by nontraditional defense 
contractors, a statement that the entity is not currently performing 
and has not performed, for at least the 1-year period preceding the 
solicitation of sources by DoD for the procurement, any contract or 
subcontract for DoD that is subject to full coverage under the cost 
accounting standards prescribed pursuant to 41 U.S.C. 1502 and the 
regulations implementing such section.
    (2) The Contractor grants the Contracting Officer or an 
authorized representative the right to examine, at any time before 
award, books, records, documents, or other directly pertinent 
records to verify any request for an exception under this clause, 
and to determine the reasonableness of price.
    (c) Requirements for certified cost or pricing data. If the 
Contractor is not granted an exception from the requirement to 
submit certified cost or pricing data, the following applies:
    (1) The Contractor shall submit certified cost or pricing data 
and supporting attachments in the following format: [Contracting 
officer insert description of the data and format that are required, 
and include access to records necessary to permit an adequate 
evaluation of the proposed price in accordance with FAR 15.408, 
Table 15-2, Note 2. The Contracting Officer shall insert the 
description at the time of issuing the solicitation or specify that 
the format regularly maintained by the Contractor or current or 
prospective subcontractor in its business operations will be 
acceptable. The Contracting Officer may amend the description as the 
result of negotiations.]
    (2) As soon as practicable after agreement on price, but before 
award of the modification, the Contractor shall submit a Certificate 
of Current Cost or Pricing Data, as prescribed by FAR 15.406-2.
    (3) The Contractor is responsible for determining whether a 
subcontractor qualifies for an exception from the requirement for 
submission of certified cost or pricing data on the basis of 
adequate price competition in accordance with FAR 15.403-1(c)(1)(i).
    (d) Requirements for data other than certified cost or pricing 
data.
    (1) When certified cost or pricing data are not required to be 
submitted under this clause for a contract or subcontract, the 
Contractor shall submit data other than certified cost or pricing 
data to the extent necessary to determine the reasonableness of the 
price of the contract or subcontract when requested by the 
Contracting Officer.
    (2) Data other than certified cost or pricing data submitted in 
accordance with this clause shall include the minimum information 
necessary to permit a determination that the proposed price is fair 
and reasonable, to include the requirements in DFARS 215.402(a)(i) 
and 215.404-1(b).
    (3) In cases in which uncertified cost data is required, the 
information shall be provided in the form in which it is regularly 
maintained by the Contractor, subcontractor, or prospective 
subcontractor in its business operations.
    (4) The Contractor shall provide information described as 
follows: [Insert description of the data and the format that are 
required upon request, including access to records necessary to 
permit an adequate evaluation of the proposed price in accordance 
with FAR 15.403-3].
    (5) Within 10 days of a written request from the Contracting 
Officer for additional information to permit an adequate evaluation 
of the proposed price in accordance with this paragraph, the 
Contractor shall provide either the requested information or a 
written explanation for the inability to fully comply.
    (e) Subcontract price evaluation.
    (1) The Contractor shall obtain from subcontractors the 
information necessary to support a determination of price 
reasonableness, as described in FAR part 15 and DFARS part 215.
    (2) No cost data may be required from a current or prospective 
subcontractor in any case in which there are sufficient non-
Government sales of the same item to establish reasonableness of 
price.
    (3) If the Contractor relies on relevant sales data for similar 
items to determine the price is reasonable, the Contractor shall 
obtain only that technical information necessary to--
    (i) Support the conclusion that items are technically similar; 
and
    (ii) Explain any technical differences that account for 
variances between the proposed prices and the sales data presented.
    (f) Subcontracts. The Contractor shall insert the substance of 
this clause, including this paragraph (f), in subcontracts exceeding 
the simplified acquisition threshold defined in FAR part 2. The 
Contractor shall require subcontractors and prospective 
subcontractors to adhere to the requirements of--
    (1) Paragraphs (c) and (d) of this clause for subcontracts above 
the threshold for submission of certified cost or pricing data in 
DFARS 215.403-4(a)(1); and
    (2) Paragraph (d) of this clause for subcontracts exceeding the 
simplified acquisition threshold defined in FAR part 2.


(End of clause)

0
11. Add sections 252.215-70TT, 252.215-70UU, 252.215-70VV, and 252.215-
70WW to read as follows:
* * * * *
Sec.
252.215-70TT Alternate A, Price Reduction for Defective Certified 
Cost or Pricing Data--Modifications.
252.215-70UU Alternate A, Subcontractor Certified Cost or Pricing 
Data.
252.215-70VV Alternate A, Subcontractor Certified Cost or Pricing 
Data--Modifications.
252.215-70WW Alternate A, Requirements for Certified Cost or Pricing 
Data and

[[Page 79013]]

Data Other Than Certified Cost or Pricing Data--Modifications.
* * * * *


252.215-70TT   Alternate A, Price Reduction for Defective Certified 
Cost or Pricing Data--Modifications.

    As prescribed in 215.408(9)(i), use the following clause:

Alternate A, Price Reduction for Defective Certified Cost or Pricing 
Data--Modifications (DATE)

    Substitute ``215.403-4(a)(1) of the Defense Federal Acquisition 
Regulation Supplement'' for references to 15.403-4(a)(1) of the 
Federal Acquisition Regulation wherever they appear in the clause at 
52.215-11, Price Reduction for Defective Certified Cost or Pricing 
Data--Modifications.


(End of clause)


252.215-70UU   Alternate A, Subcontractor Certified Cost or Pricing 
Data.

    As prescribed in 215.408(9)(ii), use the following clause:

Alternate A, Subcontractor Certified Cost or Pricing Data (DATE)

    Substitute ``215.403-4(a)(1) of the Defense Federal Acquisition 
Regulation Supplement'' for references to 15.403-4(a)(1) of the 
Federal Acquisition Regulation wherever they appear in the clause at 
52.215-12, Subcontractor Certified Cost or Pricing Data.


(End of clause)


252.215-70VV   Alternate A, Subcontractor Certified Cost or Pricing 
Data--Modifications.

    As prescribed in 215.408(9)(iii), use the following clause:

Alternate A, Subcontractor Certified Cost or Pricing Data--
Modifications (DATE)

    Substitute ``215.403-4(a)(1) of the Defense Federal Acquisition 
Regulation Supplement'' for references to 15.403-4(a)(1) of the 
Federal Acquisition Regulation wherever they appear in the clause at 
52.215-13, Subcontractor Certified Cost or Pricing Data--
Modifications.


(End of clause)


252.215-70WW   Alternate A, Requirements for Certified Cost or Pricing 
Data and Data Other Than Certified Cost or Pricing Data--Modifications.

    As prescribed in 215.408(9)(iv), use the following clause:

Alternate A, Requirements for Certified Cost or Pricing Data and Data 
Other Than Certified Cost or Pricing Data--Modifications (DATE)

    Substitute ``215.403-4(a)(1) of the Defense Federal Acquisition 
Regulation Supplement'' for references to 15.403-4(a)(1) of the 
Federal Acquisition Regulation wherever they appear in the clause at 
52.215-21, Requirements for Certified Cost or Pricing Data and Data 
Other Than Certified Cost or Pricing Data--Modifications.


(End of clause)

[FR Doc. 2024-21098 Filed 9-25-24; 8:45 am]
BILLING CODE 6820-FR-P


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