Defense Acquisition Regulations System; Defense Federal Acquisition Regulation Supplement; Only One Offer (DFARS Case 2011-D013), 44293-44297 [2011-18379]
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Federal Register / Vol. 76, No. 142 / Monday, July 25, 2011 / Proposed Rules
1–2010), approved December 23, 2010.
The Director of the Federal Register
approves this incorporation by reference
in accordance with 5 U.S.C. 552(a) and
1 CFR part 51. You may obtain a copy
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Dated: July 19, 2011.
Todd A. Stevenson,
Secretary, U.S. Consumer Product Safety
Commission.
[FR Doc. 2011–18552 Filed 7–22–11; 8:45 am]
BILLING CODE 6355–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2011–0426; FRL–9442–6]
Approval and Promulgation of Air
Quality Implementation Plans; Texas;
Revisions to Permits by Rule and
Regulations for Control of Air Pollution
by Permits for New Construction or
Modification
srobinson on DSK4SPTVN1PROD with PROPOSALS
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
SUMMARY: EPA is proposing to approve
portions of three revisions to the Texas
State Implementation Plan (SIP)
submitted by the State of Texas on
August 31, 1993, July 22, 1998, and
October 5, 2010. These revisions amend
existing sections and create new
sections in Title 30 of the Texas
Administrative Code (TAC), chapter
116—Control of Air Pollution by
Permits for New Construction or
Modification. The August 31, 1993,
revision creates two new sections at
116.174 and 116.175 for the use of
emission reductions as offsets in new
source review permitting. The July 22,
1998, revision creates new section
116.116(f) allowing for the use of
Discrete Emission Reduction Credits
(DERC) to exceed emission limits in
permits (permit allowables) and amends
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section 116.174 to update internal
citations to other Texas regulations. The
October 5, 2010, revision amends
section 116.116(f) to update internal
citations to other Texas regulations. The
Commission submitted this amendment
to EPA to process as a revision to the
Texas SIP. EPA has determined that
these SIP revisions comply with the
Clean Air Act and EPA regulations, are
consistent with EPA policies, and will
improve air quality. This action is being
taken under section 110 of the Federal
Clean Air Act (the Act).
Written comments must be
received on or before August 24, 2011.
DATES:
Comments may be mailed to
Ms. Erica Le Doux, Air Permits Section
(6PD–R), Environmental Protection
Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202–2733. Comments
may also be submitted electronically or
through hand delivery/courier by
following the detailed instructions in
the Addresses section of the direct final
rule located in the rules section of this
Federal Register.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT: Ms.
Erica Le Doux, Air Permits Section
(6PD–R), Environmental Protection
Agency, Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202–2733,
telephone (214) 665–7265; fax number
214–665–6762; e-mail address
ledoux.erica@epa.gov.
In the
final rules section of this Federal
Register, EPA is approving the State’s
SIP submittal as a direct final rule
without prior proposal because the
Agency views this as a noncontroversial
submittal and anticipates no adverse
comments. A detailed rationale for the
approval is set forth in the direct final
rule. If no relevant adverse comments
are received in response to this action,
no further activity is contemplated. If
EPA receives relevant adverse
comments, the direct final rule will be
withdrawn and all public comments
received will be addressed in a
subsequent final rule based on this
proposed rule. EPA will not institute a
second comment period. Any parties
interested in commenting on this action
should do so at this time. Please note
that if EPA receives adverse comment
on an amendment, paragraph, or section
of this rule and if that provision may be
severed from the remainder of the rule,
EPA may adopt as final those provisions
of the rule that are not the subject of an
adverse comment.
For additional information, see the
direct final rule which is located in the
rules section of this Federal Register.
SUPPLEMENTARY INFORMATION:
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44293
Dated: July 12, 2011.
Al Armendariz,
Regional Administrator, Region 6.
[FR Doc. 2011–18576 Filed 7–22–11; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF DEFENSE
48 CFR Parts 205, 208, 212, 213, 214,
215, 216, 252
RIN 0750–AH11
Defense Acquisition Regulations
System; Defense Federal Acquisition
Regulation Supplement; Only One
Offer (DFARS Case 2011–D013)
AGENCY: Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Proposed rule.
SUMMARY: DoD is proposing to amend
the Defense FAR Supplement (DFARS)
to address acquisitions using
competitive procedures in which only
one offer is received. With some
exceptions, the contracting officer must
resolicit for an additional period of at
least 30 days, if the solicitation allowed
fewer than 30 days for receipt of
proposals and only one offer is received.
If a period of at least 30 days was
allowed for receipt of proposals, the
contracting officer must determine
prices to be fair and reasonable through
price or cost analysis or enter
negotiations with the offeror.
DATES: Comments on the proposed rule
should be submitted in writing to the
address shown below on or before
September 23, 2011, to be considered in
the formation of the final rule.
ADDRESSES: You may submit comments,
identified by DFARS Case 2011–D013,
using any of the following methods:
Æ Regulations.gov. https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
inputting ‘‘DFARS Case 2011–D013’’
under the heading ‘‘Enter keyword or
ID’’ and selecting ‘‘Search.’’ Select the
link ‘‘Submit a Comment’’ that
corresponds with ‘‘DFARS Case 2011–
D013.’’ Follow the instructions provided
at the ‘‘Submit a Comment’’ screen.
Please include your name, company
name (if any), and ‘‘DFARS Case 2011–
D013’’ on your attached document.
Æ E-mail: dfars@osd.mil. Include
DFARS Case 2011–D013 in the subject
line of the message.
Æ Fax: 703–602–0350.
Æ Mail: Defense Acquisition
Regulations System, Attn: Ms. Amy
Williams, OUSD (AT&L) DPAP/DARS,
Room 3B855, 3060 Defense Pentagon,
Washington, DC 20301–3060.
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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 (except
allow 30 days for posting of comments
submitted by mail).
FOR FURTHER INFORMATION CONTACT: Ms.
Amy Williams, (703) 602–0328.
SUPPLEMENTARY INFORMATION:
I. Background
This DFARS case addresses DoD
policy with regard to acquisitions using
competitive procedures in which only
one offer is received. This case was
initiated to implement the initiative on
promoting real competition that was
presented by the Under Secretary of
Defense for Acquisition, Technology, &
Logistics in a memorandum dated
November 3, 2010. This memorandum
was further implemented by
memoranda from the Director, Defense
Procurement and Acquisition Policy,
dated November 24, 2010, and April 27,
2011.
In order to promote competition, the
proposed rule adds a new section at
DFARS 215.371. DFARS 215.371 states
the DoD policy that adequate price
competition does not exist if only one
offer is received. When issuing a
competitive solicitation, the contracting
officer must specify in the solicitation
what cost or pricing data may be
required if only one offer is received.
If only one offer is then received, and
the solicitation allowed fewer than 30
days for receipt of offers, then the
contracting officer must consider
whether the statement of work should
be revised to promote more competition,
and then resolicit, allowing an
additional period of at least 30 days for
receipt of proposals.
If the solicitation allowed at least 30
days for receipt of proposals and only
one offer is received, the contracting
officer must obtain from the offeror, in
accordance with the solicitation, any
data necessary to establish a fair and
reasonable price. The contracting officer
shall then determine through cost or
price analysis, as appropriate, that the
price is fair and reasonable through
price or cost analysis or enter
negotiations with the offeror. The basis
for these negotiations shall be either
certified cost or pricing data or other
than certified cost or pricing data, as
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appropriate (see FAR 15.403–1(c),
215.403–1(c), and FAR 15.403–3(b)).
The negotiated price should not exceed
the offered price.
The head of the contracting activity is
authorized to waive the requirement to
resolicit for an additional period of at
least 30 days. This waiver authority can
be delegated to a level no lower than
one level above the contracting officer.
The rule proposes exceptions for
acquisitions that are at or below the
simplified acquisition threshold; or
acquisitions that are in support of
contingency, humanitarian, or
peacekeeping operations, or to facilitate
defense against or recovery from
nuclear, biological, chemical, or
radiological attack. The applicability of
an exception does not eliminate the
need for the contracting officer to seek
maximum practicable competition and
to ensure that the price is fair and
reasonable.
This proposed rule applies a more
stringent policy for determination of
adequate price competition than is
allowed by FAR 15.403–1(c)(1)(ii). FAR
15.403–1(c)(1)(ii) provides that if only
one offer is received, the contracting
officer may nevertheless determine that
there was adequate price competition, if
the contracting officer can reasonably
conclude that the offer was submitted
with the expectation of competition and
this determination is approved at a level
above the contracting officer. This rule
proposes that, unless an exception
applies, if only one offer is received, the
contracting officer shall not use the
standard at FAR 15.403–1(c)(1)(ii) to
determine that the offered price is based
on adequate competition
The rule proposes two provisions.
The provision at 252.215–70WW, Notice
of Intent to Resolicit, notifies offerors
that the solicitation provides offerors
fewer than 30 days to submit proposals
and that, in the event that only one offer
is received in response to the
solicitation, the contracting officer may
cancel the solicitation and resolicit for
an additional period of at least 30 days.
The provision at 252.215–70XX, Only
One Offer, notifies offerors that if only
one offer is received and the contracting
officer decides to conduct negotiations,
then the offeror must provide the data
specified in FAR 52.215–20. The
negotiated price should not exceed the
offered price. These provisions must
also be used in acquisitions of
commercial items conducted using part
212 competitive procedures.
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The proposed rule also applies to
acquisitions under subpart 208.4, part
212, subpart 213.5, part 214, and
subpart 216.5.
II. 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 a significant regulatory action
and, therefore, was subject to review
under section 6(b) of E.O. 12866,
Regulatory Planning and Review, dated
September 30, 1993. This rule is not a
major rule under 5 U.S.C. 804.
III. Regulatory Flexibility Act
DoD does not expect this rule 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 does not impose
economic burdens on offerors or
contractors. However, DoD has prepared
an initial regulatory flexibility analysis,
which is summarized as follows:
The objective of the rule is to promote
competition by implementing DoD
policy with regard to acquisitions when
only one offer is received in response to
a solicitation issued using competitive
procedures. The purpose and effect of
this rule is to promote real competition
by ensuring that adequate time is
allowed for receipt of offers; and
ensuring that prices are fair and
reasonable when adequate time has
been allowed, but nevertheless, only
one offer is received in response to a
competitive solicitation.
The legal basis is 41 U.S.C. 1303 and
48 CFR chapter 1.
The proposed rule affects only those
small entities that respond to a Federal
competitive solicitation and no other
offer is received.
The Federal Procurement Data System
provided the following data for FY 2010
on DoD competitive awards valued
above $150,000:
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DOD COMPETITIVE AWARDS VALUED ABOVE $150,000
All competitive
> SAT
Only one offer
1 Offer/small
business
New Contracts or Purchase Orders ..........................................................................
New Orders, FSS ......................................................................................................
New Orders, non-FSS ...............................................................................................
54,240
4,246
12,883
14,747
1,654
2,935
3,542
818
788
Total ....................................................................................................................
71,369
19,336
5,148
The proposed rule imposes no
reporting, recordkeeping, or other
information collection requirements.
The submission of certified cost or
pricing data or other than certified cost
or pricing data is covered in FAR
subpart 15.4 and associated clauses in
FAR 52.215, OMB clearance number
9000–013.
The rule does not duplicate, overlap,
or conflict with any other Federal rules.
There are no known significant
alternatives to the rule that would
adequately implement the DoD policy.
DoD has exempted acquisitions below
the simplified acquisition threshold.
There is no significant economic impact
on small entities and any impact of this
rule on small business is expected to be
predominantly positive, by allowing
more opportunity for competition.
DoD invites comments from small
business concerns and other interested
parties on the expected impact of this
rule on small entities.
DoD will also consider comments
from small entities concerning the
existing regulations in subparts affected
by this 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 2011–D013)
in correspondence.
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IV. Paperwork Reduction Act
The proposed rule does not impose
any additional information collection
requirements that require approval by
the Office of Management and Budget
under the Paperwork Reduction Act (5
U.S.C. chapter 35). The submission of
certified cost or pricing data or other
than certified cost or pricing data
required for negotiation is covered in
FAR 15.4 and associated clauses in FAR
52.215, OMB clearance number 9000–
013.
List of Subjects in 48 CFR Parts 205,
208, 212, 213, 214, 215, 216, and 252
Government procurement.
Ynette R. Shelkin,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR parts 205, 208, 212,
213, 214, 215, 216, and 252 are
proposed to be amended as follows:
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1. The authority citation for 48 CFR
parts 205, 208, 212, 213, 214, 215, 216,
and 252 continues to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
PART 205—PUBLICIZING CONTRACT
ACTIONS
2. Amend section 205.203 by adding
paragraph (S–70) to read as follows:
205.203
Publicizing and response time.
*
*
*
*
*
(S–70) When using competitive
procedures, if a solicitation allowed
fewer than 30 days for receipt of offers
and resulted in only one offer, the
contracting officer shall resolicit,
allowing an additional period of at least
30 days for receipt of offers, except as
provided in 215.371 (d) and (e).
efforts made to obtain offers from at
least three contractors); and
(B) Ensures all offers received are
fairly considered; or
(ii) All contractors offering the
required supplies or services under the
applicable multiple award schedule,
and affords all contractors responding to
the notice a fair opportunity to submit
an offer and have that offer fairly
considered.
(2) If only one offer is received, follow
the procedures at 215.371.
(d) Use the provisions at 252.215–
70WW, Notice of Intent To Resolicit,
and 252.215–70XX, Only One Offer, as
prescribed at 215.408(3) and (4),
respectively.
*
*
*
*
*
PART 212—ACQUISITION OF
COMMERCIAL ITEMS
PART 208—REQUIRED SOURCES OF
SUPPLIES AND SERVICES
4. Add new section 212.205 to read as
follows:
3. Amend section 208.405–70 by
revising paragraph (c), redesignating
paragraph (d) as paragraph (e), and
adding new paragraph (d) to read as
follows:
*
*
*
*
*
(c)(1) An order exceeding $150,000 is
placed on a competitive basis only if the
contracting officer provides a fair notice
of the intent to make the purchase,
including a description of the supplies
to be delivered or the services to be
performed and the basis upon which the
contracting officer will make the
selection, to—
(i) As many schedule contractors as
practicable, consistent with market
research appropriate to the
circumstances, to reasonably ensure that
offers will be received from at least
three contractors that can fulfill the
requirements, and the contracting
officer—
(A)(1) Receives offers from at least
three contractors that can fulfill the
requirements; or
(2) Determines in writing that no
additional contractors that can fulfill the
requirements could be identified despite
reasonable efforts to do so
(documentation should clearly explain
212.205
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Offers.
(c) When using competitive
procedures, if the solicitation allows
fewer than 30 days response time and
only one offer is received, the
contracting officer shall follow the
procedures at 215.371.
5. Amend section 212.301 by adding
paragraph (f)(xvi) to read as follows:
212.301 Solicitation provisions and
contract clauses for the acquisition of
commercial items.
(f)* * *
(xvi) Use the provisions at 252.215–
70WW, Notice of Intent To Resolicit,
and 252.215–70XX, Only One Offer, as
prescribed at 215.408(3) and (4),
respectively.
PART 213—SIMPLIFIED ACQUISITION
PROCEDURES
6. Add new section 213.003 to read as
follows:
213.003
Policy.
(g)(2) For acquisitions that exceed the
simplified acquisition threshold but are
utilizing competitive simplified
acquisition procedures under the Test
Program for Certain Commercial Items,
as described in FAR subpart 13.5, follow
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the procedures at 215.371 if only one
offer is received.
PART 214—SEALED BIDDING
7. Add new section 214.201–6 to read
as follows:
214.201–6
Solicitation provisions.
(2) Use the provisions at 252.215–
70WW, Notice of Intent To Resolicit,
and 252.215–70XX, Only One Offer, as
prescribed at 215.408(3) and (4),
respectively.
8. Add new section 214.209 to read as
follows:
214.209 Cancellation of invitations before
opening.
If an invitation for bids allowed fewer
than 30 days for receipt of offers, and
resulted in only one offer, the
contracting officer shall cancel and
resolicit, allowing an additional period
of at least 30 days for receipt of offers,
as provided in 215.371.
9. Revise section 214.404–1 to read as
follows:
214.404–1
opening.
Cancellation of invitations after
(1) The contracting officer shall make
the written determinations required by
FAR 14.404–1(c) and (e).
(2) If only one offer is received, follow
the procedures at 215.371.
10. Add new sections 214.408 and
214.408–1 to read as follows:
214.408
Award.
214.408–1
General.
(b) For acquisitions that exceed the
simplified acquisition threshold, if only
one offer is received, follow the
procedures at 215.371.
PART 215—CONTRACTING BY
NEGOTIATION
11. Add new section 215.371 to read
as follows:
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215.371
Only one offer.
(a) It is DoD policy that the
circumstance of ‘‘reasonable expectation
that two or more offerors, competing
independently, would submit priced
offers,’’ as further described at FAR
15.403–1(c)(1)(ii), does not constitute
adequate price competition if only one
offer is received.
(b) Additional cost or pricing data
may be required if the contracting
officer only receives one offer, when
two or more offers were expected.
Therefore, when using competitive
procedures, except as provided in
paragraphs (d) and (e) of this section,
the contracting officer shall—
(1) Use FAR 15.402 and 15.403,
except for 15.403-(c)(1)(ii), to determine
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what cost or pricing data may be
required if only one offer is received
(see additional guidance at PGI
215.371); and
(2) Identify the data that may be
needed by including FAR 52.215–20,
Requirements for Certified Cost or
Pricing Data and Data Other Than
Certified Cost or Pricing Data, in the
solicitation in accordance with the
clause prescription at 215.408(4)(ii).
(c) Except as provided in paragraphs
(d) and (e) of this section, if competitive
procedures were used and only one
offer is received—
(1) If the solicitation allowed fewer
than 30 days for receipt of proposals,
the contracting officer shall—
(i) Consult with the requiring activity
as to whether the statement of work
should be revised in order to promote
more competition; and
(ii) Resolicit, allowing an additional
period of at least 30 days for receipt of
proposals.
(2) If the solicitation allowed at least
30 days for receipt of proposals, or if the
requirement of paragraph (c)(1)(ii) of
this section has been waived in
accordance with paragraph (d) of this
section, the contracting officer shall—
(i) Obtain from the offeror any data
necessary to establish a fair and
reasonable price in accordance with
FAR provision 52.215–20; and
(ii) Determine through cost or price
analysis, as appropriate, that the offered
prices are fair and reasonable or enter
into negotiations with the offeror. If the
contracting officer decides to enter
negotiations, the negotiated price
should not exceed the offered price.
(d) Waiver.
(1) The head of the contracting
activity is authorized to waive the
requirement of paragraph (c)(1) of this
section, to resolicit for an additional
period of at least 30 days.
(2) This waiver authority cannot be
delegated below one level above the
contracting officer.
(e) Exceptions.
(1) The requirements of this section
do not apply to acquisitions—
(i) At or below the simplified
acquisition threshold; or
(ii) In support of contingency,
humanitarian or peacekeeping
operations, or to facilitate defense
against or recovery from nuclear,
biological, chemical, or radiological
attack.
(2) The applicability of an exception
in paragraph (e)(1) of this section does
not eliminate the need for the
contracting officer to seek maximum
practicable competition and to ensure
that the price is fair and reasonable.
12. Amend section 215.403–1 by
revising paragraph (c) to read as follows:
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215.403–1 Prohibition on obtaining cost or
pricing data (10 U.S.C. 2306a and 41 U.S.C.
254b).
*
*
*
*
*
(c) Standards for exceptions from cost
or pricing data requirements.
(1) Adequate price competition.
(A) For acquisitions under dual or
multiple source programs:
(1) The determination of adequate
price competition must be made on a
case-by-case basis. Even when adequate
price competition exists, in certain cases
it may be appropriate to obtain
additional information to assist in price
analysis.
(2) Adequate price competition
normally exists when—
(i) Prices are solicited across a full
range of step quantities, normally
including a 0–100 percent split, from at
least two offerors that are individually
capable of producing the full quantity;
and
(ii) The reasonableness of all prices
awarded is clearly established on the
basis of price analysis (see FAR 15.404–
1(b)).
(B) In accordance with 215.371, if
only one offer is received, the
contracting officer shall not use the
standard at FAR 15.403–1(c)(1)(ii) to
determine that the offered price is based
on adequate competition.
13. Amend section 215.408 by adding
paragraphs (3) and (4) to read as follows:
215.408 Solicitation provisions and
contract clauses.
*
*
*
*
*
(3) Use the provision at 252.215–
70WW, Notice of Intent to Resolicit, in
competitive solicitations that will be
solicited for fewer than 30 days, unless
the requirement is waived in accordance
with 215.371(d) or an exception at
215.371(e) applies.
(4)(i) Use the provision at 252.215–
70XX, Only One Offer, in competitive
solicitations unless the requirement is
waived in accordance with 215.371(d)
or an exception at 215.371(e) applies.
(ii) In solicitations that include
252.215–70XX, Only One Offer, also
include the provision at FAR 52.215–20,
Requirements for Certified Cost or
Pricing Data and Data Other Than
Certified Cost or Pricing Data, with any
appropriate alternate as prescribed at
FAR 15.408–1, but that provision will
only take effect as specified in 252.215–
70XX.
PART 216—TYPES OF CONTRACTS
14. Amend section 216.505–70 by
revising paragraph (d) to read as
follows:
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216.505–70
contracts.
Orders under multiple award
*
*
*
*
*
(d) When using the procedures in this
subsection—
(1) The contracting officer should
keep contractor submission
requirements to a minimum;
(2) The contracting officer may use
streamlined procedures, including oral
presentations;
(3) If only one offer is received, the
contracting officer shall follow the
procedures at 215.371.
(4) The competition requirements in
FAR part 6 and the policies in FAR
subpart 15.3 do not apply to the
ordering process, but the contracting
officer shall consider price or cost under
each order as one of the factors in the
selection decision; and
(5) The contracting officer should
consider past performance on earlier
orders under the contract, including
quality, timeliness, and cost control.
15. Amend section 216.506 by adding
paragraph (S–70) to read as follows:
216.506 Solicitation provisions and
contract clauses.
*
*
*
*
*
(S–70) Use the provisions at 252.215–
70WW, Notice of Intent to Resolicit, and
252.215–70XX, Only One Offer, as
prescribed at 215.408(3) and (4),
respectively.
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
16. Add new section 252.215–70WW
to read as follows:
252.215–70WW
Resolicit.
Notice of Intent to
As prescribed at 215.408(3), use the
following provision:
Notice of Intent to Resolicit (Date).
This solicitation provides offerors fewer
than 30 days to submit proposals. In the
event that only one offer is received in
response to this solicitation, the
Contracting Officer may cancel the
solicitation and resolicit for an
additional period of at least 30 days in
accordance with 215.371(c)(1)(ii).
srobinson on DSK4SPTVN1PROD with PROPOSALS
(End of provision).
17. Add new section 252.215–70XX to
read as follows:
252.215–70XX
Only One Offer.
As prescribed at 215.408(4), use the
following provision:
Only One Offer (Date).
(a) The provision at FAR 52.215–20,
Requirements for Certified Cost or
Pricing Data and Data other Than
Certified Cost or Pricing Data, with any
VerDate Mar<15>2010
14:57 Jul 22, 2011
Jkt 223001
alternate included in this solicitation,
does not take effect unless the
Contracting Officer notifies the offeror
that only one offer was received.
(b) Upon notification that only one
offer was received, the offeror shall
provide any data requested by the
Contracting Officer in accordance with
FAR 52.215–20.
(c) If negotiations are conducted, the
negotiated price should not exceed the
offered price.
(End of provision).
[FR Doc. 2011–18379 Filed 7–22–11; 8:45 am]
BILLING CODE 5001–08p–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 680
RIN 0648–AX47
Fisheries of the Exclusive Economic
Zone Off Alaska; Allocating Bering Sea
and Aleutian Islands King and Tanner
Crab Fishery Resources
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability of fishery
management plan amendment; request
for comments.
SUMMARY: The Bering Sea/Aleutian
Islands (BSAI) Crab Rationalization
Program (CR Program) allocates BSAI
crab resources among harvesters,
processors, and coastal communities.
Amendment 30 would amend the
Fishery Management Plan for Bering
Sea/Aleutian Islands King and Tanner
Crabs (FMP) and the CR Program to
modify procedures for producing and
submitting documents that are required
under the arbitration system to resolve
price, delivery, and other disputes
between harvesters and processors. This
action is intended to promote the goals
and objectives of the Magnuson-Stevens
Fishery Conservation and Management
Act, the FMP, and other applicable
laws.
DATES: Comments on the amendment
must be submitted on or before
September 23, 2011.
ADDRESSES: Send comments to Glenn
Merrill, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region, NMFS, Attn:
Ellen Sebastian. You may submit
comments, identified by ‘‘RIN 0648–
AX47’’, by any one of the following
methods:
PO 00000
Frm 00013
Fmt 4702
Sfmt 4702
44297
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal Web site at
https://www.regulations.gov.
• Mail: P.O. Box 21668, Juneau, AK
99802.
• Fax: (907) 586–7557.
• Hand delivery to the Federal
Building: 709 West 9th Street, Room
420A, Juneau, AK.
All comments received are a part of
the public record and will generally be
posted to https://www.regulations.gov
without change. All Personal Identifying
Information (e.g., name, address)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit Confidential Business
Information or otherwise sensitive or
protected information.
NMFS will accept anonymous
comments (enter N/A in the required
fields if you wish to remain
anonymous). Attachments to electronic
comments will be accepted in Microsoft
Word, Excel, WordPerfect, or Adobe
portable document file (pdf) formats
only.
Copies of Amendment 30, the
Regulatory Impact Review (RIR)/Initial
Regulatory Flexibility Analysis (IRFA),
the categorical exclusion prepared for
this action, and the Environmental
Impact Statement (EIS) prepared for the
Crab Rationalization Program may be
obtained from the NMFS Alaska Region
at the address above or from the Alaska
Region Web site at https://
www.fakr.noaa.gov/
sustainablefisheries.htm.
FOR FURTHER INFORMATION CONTACT:
Forrest R. Bowers, 907–586–7240.
SUPPLEMENTARY INFORMATION: The
Magnuson-Stevens Act requires that
each regional fishery management
council submit any fishery management
plan amendment it prepares to NMFS
for review and approval, disapproval, or
partial approval by the Secretary of
Commerce (Secretary). The MagnusonStevens Act also requires that NMFS,
upon receiving a fishery management
plan amendment, immediately publish a
notice in the Federal Register
announcing that the amendment is
available for public review and
comment.
The king and Tanner crab fisheries in
the exclusive economic zone of the
BSAI are managed under the FMP. The
FMP was prepared by the North Pacific
Fishery Management Council (Council)
under the Magnuson-Stevens Act as
amended by the Consolidated
Appropriations Act of 2004 (Pub. L.
108–199, section 801). Amendments 18
and 19 to the FMP amended the FMP to
include the CR Program. Regulations
E:\FR\FM\25JYP1.SGM
25JYP1
]]>Agencies
[Federal Register Volume 76, Number 142 (Monday, July 25, 2011)]
[Proposed Rules]
[Pages 44293-44297]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-18379]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
48 CFR Parts 205, 208, 212, 213, 214, 215, 216, 252
RIN 0750-AH11
Defense Acquisition Regulations System; Defense Federal
Acquisition Regulation Supplement; Only One Offer (DFARS Case 2011-
D013)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: DoD is proposing to amend the Defense FAR Supplement (DFARS)
to address acquisitions using competitive procedures in which only one
offer is received. With some exceptions, the contracting officer must
resolicit for an additional period of at least 30 days, if the
solicitation allowed fewer than 30 days for receipt of proposals and
only one offer is received. If a period of at least 30 days was allowed
for receipt of proposals, the contracting officer must determine prices
to be fair and reasonable through price or cost analysis or enter
negotiations with the offeror.
DATES: Comments on the proposed rule should be submitted in writing to
the address shown below on or before September 23, 2011, to be
considered in the formation of the final rule.
ADDRESSES: You may submit comments, identified by DFARS Case 2011-D013,
using any of the following methods:
[cir] Regulations.gov. https://www.regulations.gov. Submit comments
via the Federal eRulemaking portal by inputting ``DFARS Case 2011-
D013'' under the heading ``Enter keyword or ID'' and selecting
``Search.'' Select the link ``Submit a Comment'' that corresponds with
``DFARS Case 2011-D013.'' Follow the instructions provided at the
``Submit a Comment'' screen. Please include your name, company name (if
any), and ``DFARS Case 2011-D013'' on your attached document.
[cir] E-mail: dfars@osd.mil. Include DFARS Case 2011-D013 in the
subject line of the message.
[cir] Fax: 703-602-0350.
[cir] Mail: Defense Acquisition Regulations System, Attn: Ms. Amy
Williams, OUSD (AT&L) DPAP/DARS, Room 3B855, 3060 Defense Pentagon,
Washington, DC 20301-3060.
[[Page 44294]]
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 (except allow 30 days for posting of comments submitted
by mail).
FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, (703) 602-0328.
SUPPLEMENTARY INFORMATION:
I. Background
This DFARS case addresses DoD policy with regard to acquisitions
using competitive procedures in which only one offer is received. This
case was initiated to implement the initiative on promoting real
competition that was presented by the Under Secretary of Defense for
Acquisition, Technology, & Logistics in a memorandum dated November 3,
2010. This memorandum was further implemented by memoranda from the
Director, Defense Procurement and Acquisition Policy, dated November
24, 2010, and April 27, 2011.
In order to promote competition, the proposed rule adds a new
section at DFARS 215.371. DFARS 215.371 states the DoD policy that
adequate price competition does not exist if only one offer is
received. When issuing a competitive solicitation, the contracting
officer must specify in the solicitation what cost or pricing data may
be required if only one offer is received.
If only one offer is then received, and the solicitation allowed
fewer than 30 days for receipt of offers, then the contracting officer
must consider whether the statement of work should be revised to
promote more competition, and then resolicit, allowing an additional
period of at least 30 days for receipt of proposals.
If the solicitation allowed at least 30 days for receipt of
proposals and only one offer is received, the contracting officer must
obtain from the offeror, in accordance with the solicitation, any data
necessary to establish a fair and reasonable price. The contracting
officer shall then determine through cost or price analysis, as
appropriate, that the price is fair and reasonable through price or
cost analysis or enter negotiations with the offeror. The basis for
these negotiations shall be either certified cost or pricing data or
other than certified cost or pricing data, as appropriate (see FAR
15.403-1(c), 215.403-1(c), and FAR 15.403-3(b)). The negotiated price
should not exceed the offered price.
The head of the contracting activity is authorized to waive the
requirement to resolicit for an additional period of at least 30 days.
This waiver authority can be delegated to a level no lower than one
level above the contracting officer.
The rule proposes exceptions for acquisitions that are at or below
the simplified acquisition threshold; or acquisitions that are in
support of contingency, humanitarian, or peacekeeping operations, or to
facilitate defense against or recovery from nuclear, biological,
chemical, or radiological attack. The applicability of an exception
does not eliminate the need for the contracting officer to seek maximum
practicable competition and to ensure that the price is fair and
reasonable.
This proposed rule applies a more stringent policy for
determination of adequate price competition than is allowed by FAR
15.403-1(c)(1)(ii). FAR 15.403-1(c)(1)(ii) provides that if only one
offer is received, the contracting officer may nevertheless determine
that there was adequate price competition, if the contracting officer
can reasonably conclude that the offer was submitted with the
expectation of competition and this determination is approved at a
level above the contracting officer. This rule proposes that, unless an
exception applies, if only one offer is received, the contracting
officer shall not use the standard at FAR 15.403-1(c)(1)(ii) to
determine that the offered price is based on adequate competition
The rule proposes two provisions. The provision at 252.215-70WW,
Notice of Intent to Resolicit, notifies offerors that the solicitation
provides offerors fewer than 30 days to submit proposals and that, in
the event that only one offer is received in response to the
solicitation, the contracting officer may cancel the solicitation and
resolicit for an additional period of at least 30 days.
The provision at 252.215-70XX, Only One Offer, notifies offerors
that if only one offer is received and the contracting officer decides
to conduct negotiations, then the offeror must provide the data
specified in FAR 52.215-20. The negotiated price should not exceed the
offered price. These provisions must also be used in acquisitions of
commercial items conducted using part 212 competitive procedures.
The proposed rule also applies to acquisitions under subpart 208.4,
part 212, subpart 213.5, part 214, and subpart 216.5.
II. 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 a significant regulatory action and, therefore, was subject
to review under section 6(b) of E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This rule is not a major rule under 5
U.S.C. 804.
III. Regulatory Flexibility Act
DoD does not expect this rule 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
does not impose economic burdens on offerors or contractors. However,
DoD has prepared an initial regulatory flexibility analysis, which is
summarized as follows:
The objective of the rule is to promote competition by implementing
DoD policy with regard to acquisitions when only one offer is received
in response to a solicitation issued using competitive procedures. The
purpose and effect of this rule is to promote real competition by
ensuring that adequate time is allowed for receipt of offers; and
ensuring that prices are fair and reasonable when adequate time has
been allowed, but nevertheless, only one offer is received in response
to a competitive solicitation.
The legal basis is 41 U.S.C. 1303 and 48 CFR chapter 1.
The proposed rule affects only those small entities that respond to
a Federal competitive solicitation and no other offer is received.
The Federal Procurement Data System provided the following data for
FY 2010 on DoD competitive awards valued above $150,000:
[[Page 44295]]
DoD Competitive Awards Valued Above $150,000
----------------------------------------------------------------------------------------------------------------
All competitive 1 Offer/small
> SAT Only one offer business
----------------------------------------------------------------------------------------------------------------
New Contracts or Purchase Orders....................... 54,240 14,747 3,542
New Orders, FSS........................................ 4,246 1,654 818
New Orders, non-FSS.................................... 12,883 2,935 788
--------------------------------------------------------
Total.............................................. 71,369 19,336 5,148
----------------------------------------------------------------------------------------------------------------
The proposed rule imposes no reporting, recordkeeping, or other
information collection requirements. The submission of certified cost
or pricing data or other than certified cost or pricing data is covered
in FAR subpart 15.4 and associated clauses in FAR 52.215, OMB clearance
number 9000-013.
The rule does not duplicate, overlap, or conflict with any other
Federal rules.
There are no known significant alternatives to the rule that would
adequately implement the DoD policy. DoD has exempted acquisitions
below the simplified acquisition threshold. There is no significant
economic impact on small entities and any impact of this rule on small
business is expected to be predominantly positive, by allowing more
opportunity for competition.
DoD invites comments from small business concerns and other
interested parties on the expected impact of this rule on small
entities.
DoD will also consider comments from small entities concerning the
existing regulations in subparts affected by this 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 2011-D013) in
correspondence.
IV. Paperwork Reduction Act
The proposed rule does not impose any additional information
collection requirements that require approval by the Office of
Management and Budget under the Paperwork Reduction Act (5 U.S.C.
chapter 35). The submission of certified cost or pricing data or other
than certified cost or pricing data required for negotiation is covered
in FAR 15.4 and associated clauses in FAR 52.215, OMB clearance number
9000-013.
List of Subjects in 48 CFR Parts 205, 208, 212, 213, 214, 215, 216,
and 252
Government procurement.
Ynette R. Shelkin,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 205, 208, 212, 213, 214, 215, 216, and 252
are proposed to be amended as follows:
1. The authority citation for 48 CFR parts 205, 208, 212, 213, 214,
215, 216, and 252 continues to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 205--PUBLICIZING CONTRACT ACTIONS
2. Amend section 205.203 by adding paragraph (S-70) to read as
follows:
205.203 Publicizing and response time.
* * * * *
(S-70) When using competitive procedures, if a solicitation allowed
fewer than 30 days for receipt of offers and resulted in only one
offer, the contracting officer shall resolicit, allowing an additional
period of at least 30 days for receipt of offers, except as provided in
215.371 (d) and (e).
PART 208--REQUIRED SOURCES OF SUPPLIES AND SERVICES
3. Amend section 208.405-70 by revising paragraph (c),
redesignating paragraph (d) as paragraph (e), and adding new paragraph
(d) to read as follows:
* * * * *
(c)(1) An order exceeding $150,000 is placed on a competitive basis
only if the contracting officer provides a fair notice of the intent to
make the purchase, including a description of the supplies to be
delivered or the services to be performed and the basis upon which the
contracting officer will make the selection, to--
(i) As many schedule contractors as practicable, consistent with
market research appropriate to the circumstances, to reasonably ensure
that offers will be received from at least three contractors that can
fulfill the requirements, and the contracting officer--
(A)(1) Receives offers from at least three contractors that can
fulfill the requirements; or
(2) Determines in writing that no additional contractors that can
fulfill the requirements could be identified despite reasonable efforts
to do so (documentation should clearly explain efforts made to obtain
offers from at least three contractors); and
(B) Ensures all offers received are fairly considered; or
(ii) All contractors offering the required supplies or services
under the applicable multiple award schedule, and affords all
contractors responding to the notice a fair opportunity to submit an
offer and have that offer fairly considered.
(2) If only one offer is received, follow the procedures at
215.371.
(d) Use the provisions at 252.215-70WW, Notice of Intent To
Resolicit, and 252.215-70XX, Only One Offer, as prescribed at
215.408(3) and (4), respectively.
* * * * *
PART 212--ACQUISITION OF COMMERCIAL ITEMS
4. Add new section 212.205 to read as follows:
212.205 Offers.
(c) When using competitive procedures, if the solicitation allows
fewer than 30 days response time and only one offer is received, the
contracting officer shall follow the procedures at 215.371.
5. Amend section 212.301 by adding paragraph (f)(xvi) to read as
follows:
212.301 Solicitation provisions and contract clauses for the
acquisition of commercial items.
(f)* * *
(xvi) Use the provisions at 252.215-70WW, Notice of Intent To
Resolicit, and 252.215-70XX, Only One Offer, as prescribed at
215.408(3) and (4), respectively.
PART 213--SIMPLIFIED ACQUISITION PROCEDURES
6. Add new section 213.003 to read as follows:
213.003 Policy.
(g)(2) For acquisitions that exceed the simplified acquisition
threshold but are utilizing competitive simplified acquisition
procedures under the Test Program for Certain Commercial Items, as
described in FAR subpart 13.5, follow
[[Page 44296]]
the procedures at 215.371 if only one offer is received.
PART 214--SEALED BIDDING
7. Add new section 214.201-6 to read as follows:
214.201-6 Solicitation provisions.
(2) Use the provisions at 252.215-70WW, Notice of Intent To
Resolicit, and 252.215-70XX, Only One Offer, as prescribed at
215.408(3) and (4), respectively.
8. Add new section 214.209 to read as follows:
214.209 Cancellation of invitations before opening.
If an invitation for bids allowed fewer than 30 days for receipt of
offers, and resulted in only one offer, the contracting officer shall
cancel and resolicit, allowing an additional period of at least 30 days
for receipt of offers, as provided in 215.371.
9. Revise section 214.404-1 to read as follows:
214.404-1 Cancellation of invitations after opening.
(1) The contracting officer shall make the written determinations
required by FAR 14.404-1(c) and (e).
(2) If only one offer is received, follow the procedures at
215.371.
10. Add new sections 214.408 and 214.408-1 to read as follows:
214.408 Award.
214.408-1 General.
(b) For acquisitions that exceed the simplified acquisition
threshold, if only one offer is received, follow the procedures at
215.371.
PART 215--CONTRACTING BY NEGOTIATION
11. Add new section 215.371 to read as follows:
215.371 Only one offer.
(a) It is DoD policy that the circumstance of ``reasonable
expectation that two or more offerors, competing independently, would
submit priced offers,'' as further described at FAR 15.403-1(c)(1)(ii),
does not constitute adequate price competition if only one offer is
received.
(b) Additional cost or pricing data may be required if the
contracting officer only receives one offer, when two or more offers
were expected. Therefore, when using competitive procedures, except as
provided in paragraphs (d) and (e) of this section, the contracting
officer shall--
(1) Use FAR 15.402 and 15.403, except for 15.403-(c)(1)(ii), to
determine what cost or pricing data may be required if only one offer
is received (see additional guidance at PGI 215.371); and
(2) Identify the data that may be needed by including FAR 52.215-
20, Requirements for Certified Cost or Pricing Data and Data Other Than
Certified Cost or Pricing Data, in the solicitation in accordance with
the clause prescription at 215.408(4)(ii).
(c) Except as provided in paragraphs (d) and (e) of this section,
if competitive procedures were used and only one offer is received--
(1) If the solicitation allowed fewer than 30 days for receipt of
proposals, the contracting officer shall--
(i) Consult with the requiring activity as to whether the statement
of work should be revised in order to promote more competition; and
(ii) Resolicit, allowing an additional period of at least 30 days
for receipt of proposals.
(2) If the solicitation allowed at least 30 days for receipt of
proposals, or if the requirement of paragraph (c)(1)(ii) of this
section has been waived in accordance with paragraph (d) of this
section, the contracting officer shall--
(i) Obtain from the offeror any data necessary to establish a fair
and reasonable price in accordance with FAR provision 52.215-20; and
(ii) Determine through cost or price analysis, as appropriate, that
the offered prices are fair and reasonable or enter into negotiations
with the offeror. If the contracting officer decides to enter
negotiations, the negotiated price should not exceed the offered price.
(d) Waiver.
(1) The head of the contracting activity is authorized to waive the
requirement of paragraph (c)(1) of this section, to resolicit for an
additional period of at least 30 days.
(2) This waiver authority cannot be delegated below one level above
the contracting officer.
(e) Exceptions.
(1) The requirements of this section do not apply to acquisitions--
(i) At or below the simplified acquisition threshold; or
(ii) In support of contingency, humanitarian or peacekeeping
operations, or to facilitate defense against or recovery from nuclear,
biological, chemical, or radiological attack.
(2) The applicability of an exception in paragraph (e)(1) of this
section does not eliminate the need for the contracting officer to seek
maximum practicable competition and to ensure that the price is fair
and reasonable.
12. Amend section 215.403-1 by revising paragraph (c) to read as
follows:
215.403-1 Prohibition on obtaining cost or pricing data (10 U.S.C.
2306a and 41 U.S.C. 254b).
* * * * *
(c) Standards for exceptions from cost or pricing data
requirements.
(1) Adequate price competition.
(A) For acquisitions under dual or multiple source programs:
(1) The determination of adequate price competition must be made on
a case-by-case basis. Even when adequate price competition exists, in
certain cases it may be appropriate to obtain additional information to
assist in price analysis.
(2) Adequate price competition normally exists when--
(i) Prices are solicited across a full range of step quantities,
normally including a 0-100 percent split, from at least two offerors
that are individually capable of producing the full quantity; and
(ii) The reasonableness of all prices awarded is clearly
established on the basis of price analysis (see FAR 15.404-1(b)).
(B) In accordance with 215.371, if only one offer is received, the
contracting officer shall not use the standard at FAR 15.403-
1(c)(1)(ii) to determine that the offered price is based on adequate
competition.
13. Amend section 215.408 by adding paragraphs (3) and (4) to read
as follows:
215.408 Solicitation provisions and contract clauses.
* * * * *
(3) Use the provision at 252.215-70WW, Notice of Intent to
Resolicit, in competitive solicitations that will be solicited for
fewer than 30 days, unless the requirement is waived in accordance with
215.371(d) or an exception at 215.371(e) applies.
(4)(i) Use the provision at 252.215-70XX, Only One Offer, in
competitive solicitations unless the requirement is waived in
accordance with 215.371(d) or an exception at 215.371(e) applies.
(ii) In solicitations that include 252.215-70XX, Only One Offer,
also include the provision at FAR 52.215-20, Requirements for Certified
Cost or Pricing Data and Data Other Than Certified Cost or Pricing
Data, with any appropriate alternate as prescribed at FAR 15.408-1, but
that provision will only take effect as specified in 252.215-70XX.
PART 216--TYPES OF CONTRACTS
14. Amend section 216.505-70 by revising paragraph (d) to read as
follows:
[[Page 44297]]
216.505-70 Orders under multiple award contracts.
* * * * *
(d) When using the procedures in this subsection--
(1) The contracting officer should keep contractor submission
requirements to a minimum;
(2) The contracting officer may use streamlined procedures,
including oral presentations;
(3) If only one offer is received, the contracting officer shall
follow the procedures at 215.371.
(4) The competition requirements in FAR part 6 and the policies in
FAR subpart 15.3 do not apply to the ordering process, but the
contracting officer shall consider price or cost under each order as
one of the factors in the selection decision; and
(5) The contracting officer should consider past performance on
earlier orders under the contract, including quality, timeliness, and
cost control.
15. Amend section 216.506 by adding paragraph (S-70) to read as
follows:
216.506 Solicitation provisions and contract clauses.
* * * * *
(S-70) Use the provisions at 252.215-70WW, Notice of Intent to
Resolicit, and 252.215-70XX, Only One Offer, as prescribed at
215.408(3) and (4), respectively.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
16. Add new section 252.215-70WW to read as follows:
252.215-70WW Notice of Intent to Resolicit.
As prescribed at 215.408(3), use the following provision:
Notice of Intent to Resolicit (Date). This solicitation provides
offerors fewer than 30 days to submit proposals. In the event that only
one offer is received in response to this solicitation, the Contracting
Officer may cancel the solicitation and resolicit for an additional
period of at least 30 days in accordance with 215.371(c)(1)(ii).
(End of provision).
17. Add new section 252.215-70XX to read as follows:
252.215-70XX Only One Offer.
As prescribed at 215.408(4), use the following provision:
Only One Offer (Date).
(a) The provision at FAR 52.215-20, Requirements for Certified Cost
or Pricing Data and Data other Than Certified Cost or Pricing Data,
with any alternate included in this solicitation, does not take effect
unless the Contracting Officer notifies the offeror that only one offer
was received.
(b) Upon notification that only one offer was received, the offeror
shall provide any data requested by the Contracting Officer in
accordance with FAR 52.215-20.
(c) If negotiations are conducted, the negotiated price should not
exceed the offered price.
(End of provision).
[FR Doc. 2011-18379 Filed 7-22-11; 8:45 am]
BILLING CODE 5001-08p-P
