Government Contracts NASA Implements Recent Certified Cost or Pricing Data Rule
Thursday, August 8, 2019

NASA Implements Recent Certified Cost or Pricing Data Rule

By Government Contracts Editorial Staff

The National Aeronautics and Space Administration has issued Procurement Notice 19-06, which revises the policy in NFS 1815.305-71 concerning the evaluation of a single proposal. Under FAR 15.403-1(c)(1)(ii), the adequate price competition exception to certified cost or pricing data requirements applies if there was a reasonable expectation, based on market research or other assessment, that two or more responsible offerors, competing independently, would submit priced offers in response to the solicitation’s expressed requirement, even though only one offer was received from a responsible offeror. NFS 1815.305-71(a) states that if only one proposal is received in response to a competitive solicitation, the contracting officer must determine if the solicitation was flawed or unduly restrictive and if the proposal is acceptable. Award without discussions was then authorized as long as the CO determined adequate price competition existed in accordance with FAR 15.403-1(c)(1)(ii).

FAR Change. However, section 822 of the National Defense Authorization Act for Fiscal Year 2017 (PL 114-328), implemented by FAC 2019-03, excludes the expectation of competition standard where only one offer is received. This standard now applies only to agencies other than Department of Defense, NASA, and the Coast Guard. The PN revises NFS 1815.305-71 to implement this change. This revised policy applies to acquisitions utilizing contracting by negotiation procedures effective July 12, 2019. For the text of the PN, see ¶70,049.289.

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