Defense Federal Acquisition Regulation Supplement: Only One Offer-Further Implementation (DFARS Case 2013-D001), 65214-65218 [2013-25728]
Download as PDF
<![CDATA[
65214
Federal Register / Vol. 78, No. 211 / Thursday, October 31, 2013 / Rules and Regulations
Community
No.
State and location
Wauchula, City of, Hardee County ........
120105
Zolfo Springs, Town of, Hardee County
120106
Region V
Indiana:
LaPorte, City of, LaPorte County ..........
180490
LaPorte County, Unincorporated Areas
180144
Long Beach, Town of, LaPorte County
185177
Michiana Shores, Town of, LaPorte
County.
Michigan City, City of, LaPorte County
180505
180147
Region VI
Louisiana:
Iberville Parish, Unincorporated Areas ..
220083
Maringouin, Town of, Iberville Parish ....
220085
Plaquemine, City of, Iberville Parish .....
220086
Saint Gabriel, City of, Iberville Parish ...
220402
White Castle, Town of, Iberville Parish
220088
Region VIII
Montana:
Billings, City of, Yellowstone County .....
300085
Laurel, City of, Yellowstone County ......
300086
Yellowstone
Areas.
300142
County,
Unincorporated
Region X
Alaska:
Homer, City of, Kenai Peninsula Borough.
020107
Date certain
Federal
assistance no
longer available
in SFHAs
Effective date authorization/cancellation of
sale of flood insurance in community
Current effective
map date
July 28, 1975, Emerg; June 25, 1976, Reg;
November 6, 2013, Susp
July 2, 1975, Emerg; May 4, 1988, Reg;
November 6, 2013, Susp
......do ...............
Do.
......do ...............
Do.
April 28, 1983, Emerg; April 1, 1993, Reg;
November 6, 2013, Susp
January 15, 1976, Emerg; January 1, 1987,
Reg; November 6, 2013, Susp
October 8, 1971, Emerg; March 23, 1973,
Reg; November 6, 2013, Susp
N/A, Emerg; November 12, 1991, Reg; November 6, 2013, Susp
March 20, 1975, Emerg; August 17, 1981,
Reg; November 6, 2013, Susp
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
April 20, 1973, Emerg; June 1, 1978, Reg;
November 6, 2013, Susp
April 23, 1973, Emerg; September 1, 1981,
Reg; November 6, 2013, Susp
April 23, 1973, Emerg; August 26, 1977,
Reg; November 6, 2013, Susp
N/A, Emerg; July 12, 2001, Reg; November
6, 2013, Susp
April 23, 1973, Emerg; December 16, 1977,
Reg; November 6, 2013, Susp
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
January 15, 1974, Emerg; January 2, 1981,
Reg; November 6, 2013, Susp
March 19, 1975, Emerg; January 6, 1983,
Reg; November 6, 2013, Susp
July 28, 1975, Emerg; November 18, 1981,
Reg; November 6, 2013, Susp
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
N/A, Emerg; June 2, 2003, Reg; November
6, 2013, Susp
*-do- =Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
Dated: September 20, 2013.
David L. Miller,
Associate Administrator, Federal Insurance
and Mitigation Administration, Department
of Homeland Security, Federal Emergency
Management Agency.
[FR Doc. 2013–25520 Filed 10–30–13; 8:45 am]
BILLING CODE 9110–12–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 212, 215, 225, and 252
RIN 0750–AH89
Defense Federal Acquisition
Regulation Supplement: Only One
Offer—Further Implementation (DFARS
Case 2013–D001)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
wreier-aviles on DSK5TPTVN1PROD with RULES
AGENCY:
DoD is issuing a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to further implement DoD
SUMMARY:
VerDate Mar<15>2010
15:19 Oct 30, 2013
Jkt 232001
PO 00000
Frm 00070
Fmt 4700
Sfmt 4700
policy relating to competitive
acquisitions in which only one offer is
received, providing additional
exceptions, and further addressing
requests for data other than certified
cost or pricing data from the Canadian
Commercial Corporation.
DATES: Effective October 31, 2013.
FOR FURTHER INFORMATION CONTACT: Ms.
Amy Williams, telephone 571–372–
6106.
SUPPLEMENTARY INFORMATION:
I. Background
DoD published a proposed rule in the
Federal Register at 78 FR 28785 on May
16, 2013, to further implement policy
with regard to acquisitions in which
only one offer is received and requests
for data other than certified cost or
pricing data from the Canadian
E:\FR\FM\31OCR1.SGM
31OCR1
Federal Register / Vol. 78, No. 211 / Thursday, October 31, 2013 / Rules and Regulations
Commercial Corporation. This case is a
follow-on to DFARS final rules
published in the Federal Register under
DFARS Case 2011–D013, Only One
Offer (77 FR 39126 on June 29, 2012),
and DFARS Case 2011–D049,
Contracting with the Canadian
Commercial Corporation (77 FR 43470
on July 24, 2012).
wreier-aviles on DSK5TPTVN1PROD with RULES
II. Applicability
The final rule applies to solicitations
(including solicitations for task orders
and delivery orders) issued on or after
the publication date of the final rule.
III. Discussion and Analysis
No public comments were received.
There are only minor editorial changes
from the proposed rule that were made
in the final rule. Revisions include:
• Renumbering section 12.301(f)
subparagraphs due to DFARS baseline
changes.
• Correcting, in section 12.301(f),
prescription references cited for two
provisions: 252.215–7007, Notice of
Intent to Resolicit; and 252.215–7008,
Only One Offer. Extraneous verbiage
was removed from the prescription for
252.215–7004, Requirement for
Submission of Data Other Than
Certified Cost or Pricing Data—
Modifications—Canadian Commercial
Corporation.
• Revising the prescription at
215.371–6 to include a statement that
provision 252.215–7007, Notice of
Intent to Resolicit, should be included
in solicitations for the acquisition of
commercial items using Far part 12
procedures. This provision is included
in the list at 212.301(f) as being
applicable to solicitations for
commercial items; however, the
prescription at 215.371–6 inadvertently
omitted restating applicability of the
provision to FAR part 12 solicitations.
• Revising two prescriptions at
215.408(3) to include a statement that
the provisions should be included in
solicitations for the acquisition of
commercial items using FAR part 12
procedures. The provisions are:
252.215–7003, Requirement for Data
Other Than Certified Cost or Pricing
Data—Canadian Commercial
Corporation, and 252.215–7004,
Requirement for Data Other Than
Certified Cost or Pricing Data—
Modifications—Canadian Commercial
Corporation. These two provisions are
included in the list at 212.301(f) as
being applicable to solicitations for
commercial items; however, the
prescriptions at 215.408(3)
inadvertently omitted restating
applicability of the provisions to FAR
part 12 solicitations.
VerDate Mar<15>2010
15:19 Oct 30, 2013
Jkt 232001
IV. 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, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
IV. Regulatory Flexibility Act
A final regulatory flexibility analysis
has been prepared consistent with the
Regulatory Flexibility Act, 5 U.S.C. 601,
et seq., and is summarized as follows:
This rule further implements DoD
policy relating to competitive
acquisitions in which only one offer is
received, providing additional
exceptions, and further addressing
requests for data other than certified
cost or pricing data from the Canadian
Commercial Corporation, especially
relating to competitive solicitations
when only one offer is received from the
Canadian Commercial Corporation. The
objective of the rule is to promote
competition and ensure fair and
reasonable prices by implementing DoD
policy with regard to acquisitions when
only one offer is received, including the
Canadian Commercial Corporation.
There were no public comments in
response to the proposed rule. There
were no comments filed by the Chief
Counsel for Advocacy of the Small
Business Administration.
The final regulatory flexibility
analysis for the final rule under FARS
case 2011–D013, Only One Offer, was
addressed in the Federal Register notice
published in the Federal Register (77
FR 39126) on June 29, 2012). With
regard to DFARS Case 2011–D049,
Contracting with the Canadian
Commercial Corporation (77 FR 43470
on July 24, 2012), DoD certified that
there was no 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 it only impacted
Canadian business concerns. The
changes proposed in this rule are not
expected to impact a substantial number
of small entities within the meaning of
PO 00000
Frm 00071
Fmt 4700
Sfmt 4700
65215
the Regulatory Flexibility Act, 5 U.S.C.
601, et seq., because the only changes
impacting domestic entities are the
added exceptions for architect-engineer
services and the 8(a) program, which are
more in the nature of a clarification than
a change.
• Architect-engineer services are
purchased under the Brooks Act. The
final rule for Only One Offer was not
made applicable to part 36. This rule
specifically clarifies that it is
inapplicable.
• The final rule for Only One Offer
was not made applicable to set-asides
under FAR part 19. The final rule
specifically excluded small business setasides and set asides under the
HUBZone Program, the Service-Disabled
Veteran-Owned Small Business
Procurement Program, and the WomenOwned Small Business Program. The
8(a) Program was inadvertently omitted
from the list of specific exclusions. In
accordance with FAR 19.805–1, an
acquisition offered to the SBA shall be
awarded on the basis of competition
limited to eligible 8(a) firms if two
conditions are met: (1) the anticipated
total value of the contract exceeds the
thresholds at FAR 19.805–1(a)(2); and
(2) there must be a reasonable
expectation that at least two eligible and
responsible 8(a) firms will submit offers
and that award can be made at a fair and
reasonable price.
The final rule imposes no new
reporting, recordkeeping, or other
information collection requirements.
The submission of certified cost or
pricing data or data other than certified
cost or pricing data is covered in FAR
15.4 and associated clauses in 52.215,
OMB clearance 9000–013.
There are no known significant
alternatives to the rule that would
adequately implement the DoD policy.
There is no significant economic impact
on a substantial number of small
entities.
V. Paperwork Reduction Act
The final rule does not impose any
additional information collection
requirements that require approval
under the Paperwork Reduction Act (5
U.S.C. chapter 35). The submission of
certified cost or pricing data or data
other than certified cost or pricing data
required for negotiation is covered in
FAR 15.4 and associated clauses in FAR
52.215, and in OMB clearance 9000–
013, Cost or Pricing Data Requirements
and Information Other Than Cost or
Pricing Data, in the amount of
10,101,684 hours.
E:\FR\FM\31OCR1.SGM
31OCR1
65216
Federal Register / Vol. 78, No. 211 / Thursday, October 31, 2013 / Rules and Regulations
List of Subjects in 48 CFR Parts 212,
215, 225, and 252
Government procurement.
d. In paragraph (b)(2)(i), removing ‘‘,
in accordance with FAR provision
52.215–20’’ and removing ‘‘FAR 15.403–
1(c)’’ and adding ‘‘FAR 15.403–1(b)’’ in
its place.
■ 4. Section 215.371–4 is revised to read
as follows:
■
Manuel Quinones,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR parts 212, 215, 225,
and 252 are amended as follows:
■ 1. The authority citation for 48 CFR
parts 212, 215, 225, and 252 continues
to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
PART 212—ACQUISITION OF
COMMERCIAL ITEMS
2. Section 212.301 is amended by—
a. Redesignating paragraphs (f)(xi)
through (lxii) as (f)(xiii) through (lxv),
respectively;
■ b. Adding new paragraphs (f)(xi), (xii),
and (xiv); and
■ c. Revising newly designated
paragraph (f)(xiii).
The additions and revision read as
follows:
■
■
212.301 Solicitation provisions and
contract clauses for the acquisition of
commercial items.
(f) * * *
(xi) Use the provision at 252.215–
7003, Requirements for Submission of
Data Other Than Certified Cost or
Pricing Data—Canadian Commercial
Corporation, as prescribed at
215.408(3)(i).
(xii) Use the clause at 252.215–7004,
Requirement for Submission of Data
other Than Certified Cost or Pricing
Data—Modifications—Canadian
Commercial Corporation, as prescribed
at 215.408(3)(ii).
(xiii) Use the provision at 252.215–
7007, Notice of Intent to Resolicit, as
prescribed at 215.371–6.
(xiv) Use the provision 252.215–7008,
Only One Offer, as prescribed at
215.408(4).
*
*
*
*
*
PART 215—CONTRACTING BY
NEGOTIATION
215.371–3
[Amended]
3. Section 215.371–3 is amended—
a. In paragraph (a), by adding elipses
‘‘. . .’’ after the words ‘‘reasonable
expectation’’ and before the words ‘‘that
two or more offerors,’’, and removing
‘‘at one level’’ and adding ‘‘at a level’’
in its place.;
■ b. In paragraph (b) introductory text,
by removing ‘‘215.371–4(b) and adding
‘‘215.371–4(a)(3);
■ c. In paragraph (b)(1), removing ‘‘at
one level’’ and adding ‘‘at a level’’ in its
place; and
wreier-aviles on DSK5TPTVN1PROD with RULES
■
■
VerDate Mar<15>2010
15:19 Oct 30, 2013
Jkt 232001
215.371–4
Exceptions.
(a) The requirements at section
215.371–2 do not apply to—
(1) Acquisitions at or below the
simplified acquisition threshold;
(2) Acquisitions in support of
contingency, humanitarian or
peacekeeping operations, or to facilitate
defense against or recovery from
nuclear, biological, chemical, or
radiological attack;
(3) Small business set-asides under
FAR subpart 19.5, set asides offered and
accepted into the 8(a) Program under
FAR subpart 19.8, or set-asides under
the HUBZone Program (see FAR
19.1305(c)), the Service-Disabled
Veteran-Owned Small Business
Procurement Program (see FAR
19.1405(c)), or the Women-Owned
Small Business Program (see FAR
19.1505(d));
(4) Acquisitions of basic or applied
research or development, as specified in
FAR 35.016(a), that use a broad agency
announcement; or
(5) Acquisitions of architect-engineer
services (see FAR 36.601–2).
(b) The applicability of an exception
in paragraph (a) 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.
■ 5. Section 215.371–6 is added to read
as follows:
215.371–6
Solicitation provision.
Use the provision at 252.215–7007,
Notice of Intent to Resolicit, in
competitive solicitations, including
solicitations using FAR part 12
procedures for the acquisition of
commercial items, that will be solicited
for fewer than 30 days, unless an
exception at 215.371–4 applies or the
requirement is waived in accordance
with 215.371–5.
215.403–1
[Amended]
6. Section 215.403–1 is amended by—
a. In second sentence of paragraph
(c)(1)(A)(1), removing ‘‘price analysis.’’
and adding ‘‘price analysis; and’’ in its
place.
■ b. In paragraph (c)(4)(C), removing
‘‘215.408(5)’’ and adding ‘‘215.408(3)’’
in its place.
■ 7. Section 215.408 is amended by—
■ a. Revising paragraph (3);
■
■
PO 00000
Frm 00072
Fmt 4700
Sfmt 4700
b. In paragraph (4)(i), removing
‘‘215.371–4(a)(1)’’ and adding ‘‘215.371–
4(a)’’ in its place;
■ c. In paragraph (4)(ii), removing ‘‘but
that provision will only take effect as
specified in 252.215–7008’’ and adding
‘‘if the contracting officer is requesting
submission of data other than certified
cost or pricing data with the offer’’ in its
place;
■ d. Removing paragraph (5); and
■ e. Redesignating paragraph (6) as
paragraph (5).
The revision reads as follows:
■
215.408 Solicitation provisions and
contract clauses.
*
*
*
*
*
(3) When contracting with the
Canadian Commercial Corporation—
(i)(A) Use the provision at 252.215–
7003, Requirement for Data Other Than
Certified Cost or Pricing Data—
Canadian Commercial Corporation—
(1) In lieu of FAR 52.215–20,
Requirement for Data Other Than
Certified Cost or Pricing Data, in a
solicitation, including solicitations
using FAR part 12 procedures for the
acquisition of commercial items, for a
sole source acquisition from the
Canadian Commercial Corporation that
is—
(i) Cost-reimbursement, if the contract
value is expected to exceed $700,000; or
(ii) Fixed-price, if the contract value is
expected to exceed $500 million; or
(2) In lieu of FAR 52.215–20, in a
solicitation, including solicitations
using FAR part 12 procedures for the
acquisition of commercial items, for a
sole source acquisition from the
Canadian Commercial Corporation that
does not meet the thresholds specified
in paragraph (3)(i)(A)(1), if approval is
obtained as required at 225.870–
4(c)(2)(ii); and
(B) Do not use 252.225–7003 in lieu
of FAR 52.215–20 in competitive
acquisitions. The contracting officer
may use FAR 52.215–20 with its
Alternate IV, as prescribed at
15.408(l)(3), even if offers from the
Canadian Commercial Corporation are
anticipated; and
(ii)(A) Use the clause at 252.215–
7004, Requirement for Data Other Than
Certified Cost or Pricing Data—
Modifications—Canadian Commercial
Corporation—
(1) In a solicitation, including
solicitations using FAR part 12
procedures for the acquisition of
commercial items, for a sole source
acquisition, from the Canadian
Commercial Corporation and resultant
contract that is—
(i) Cost-reimbursement, if the contract
value is expected to exceed $700,000; or
E:\FR\FM\31OCR1.SGM
31OCR1
Federal Register / Vol. 78, No. 211 / Thursday, October 31, 2013 / Rules and Regulations
(ii) Fixed-price, if the contract value is
expected to exceed $500 million;
(2) In a solicitation, including
solicitations using FAR part 12
procedures for the acquisition of
commercial items, for a sole source
acquisition from the Canadian
Commercial Corporation and resultant
contract that does not meet the
thresholds specified in paragraph
(3)(ii)(A) (1), if approval is obtained as
required at 225.870–4(c)(2)(ii); or
(3)(i) In a solicitation, including
solicitations using FAR part 12
procedures for the acquisition of
commercial items, for a competitive
acquisition that includes FAR 52.215–
21, Requirement for Data Other Than
Certified Cost or Pricing Data—
Modifications, or that meets the
thresholds specified in paragraph
(3)(ii)(A) (1).
(ii) The contracting officer shall then
select the appropriate clause to include
in the contract (52.215–21 only if award
is not to the Canadian Commercial
Corporation; or 252.215–7004 if award
is to the Canadian Commercial
Corporation and necessary approval is
obtained in accordance with 225.870–
4(c)(2)(ii)); and
(B) The contracting officer may
specify a higher threshold in paragraph
(b) of the clause 252.215–7004.
*
*
*
*
*
PART 225—FOREIGN ACQUISITION
Contracting procedures.
wreier-aviles on DSK5TPTVN1PROD with RULES
*
*
*
*
*
(c) * * *
(2) The Canadian Commercial
Corporation is not exempt from the
requirement to submit data other than
certified cost or pricing data, as defined
in FAR 2.101. In accordance with FAR
15.403–3(a)(1)(ii), the contracting officer
shall require submission of data other
than certified cost or pricing data from
the offeror, to the extent necessary to
determine a fair and reasonable price.
(i) No further approval is required to
request data other than certified cost or
pricing data from the Canadian
Commercial Corporation in the
following circumstances:
(A) In a solicitation for a sole source
acquisition that is—
(1) Cost-reimbursement, if the
contract value is expected to exceed
$700,000; or
(2) Fixed-price, if the contract value is
expected to exceed $500 million.
VerDate Mar<15>2010
15:19 Oct 30, 2013
Jkt 232001
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
252.215–7003
[Amended]
9. Section 252.215–7003 is amended
by, in the introductory text, removing
‘‘215.408(5)(i)’’ and adding
‘‘215.408(3)(i)’’ in its place.
■ 10. Section 252.215–7004 is
amended—
■ a. In the introductory text, by
removing ‘‘215.408(5)(ii)’’ and adding
‘‘215.408(3)(ii)’’ in its place;
■ b. By removing the clause date of
‘‘(JUL 2012)’’ and adding ‘‘(OCT 2013)’’
in its place;
■ c. In paragraph (b) introductory text,
by removing ‘‘the simplified acquisition
threshold’’ and adding ‘‘$150,000’’ in its
place; and
■ d. By adding introductory text after
the clause date and before paragraph (a)
to read as follows:
■
8. Section 225.870–4 is amended by—
a. Revising paragraph (c)(2);
b. In paragraph (c)(3), removing
‘‘215.408(5)(i)’’ and adding
‘‘215.408(3)(i)’’ in its place.
The revision reads as follows:
■
■
■
225.870–4
(B) If the Canadian Commercial
Corporation submits the only offer in
response to a competitive solicitation
that meets the thresholds specified in
paragraph (c)(2)(i)(A) of this section.
(C) For modifications that exceed
$150,000 in contracts that meet the
criteria in paragraph (c)(2)(i)(A) or (B) of
this section.
(D) In competitive solicitations in
which data other than certified cost or
pricing data are required from all
offerors.
(ii) In any circumstances other than
those specified in paragraph (c)(2)(i) of
this section, the contracting officer shall
only require data other than certified
cost or pricing data from the Canadian
Commercial Corporation if the head of
the contracting activity, or designee no
lower than two levels above the
contracting officer, determines that data
other than certified cost or pricing data
are needed (or in the case of
modifications that it is reasonably
certain that data other than certified cost
or pricing data will be needed) in order
to determine that the price is fair and
reasonable) (see FAR 15.403–3(a).
*
*
*
*
*
252.215–7004 Requirement for
Submission of Data Other Than Certified
Cost or Pricing Data—Modifications—
Canadian Commercial Corporation.
*
*
*
*
*
This clause, in lieu of FAR 52.215–21,
applies only if award is to the Canadian
Commercial Corporation.
*
*
*
*
*
252.215–7007
[Amended]
11. Section 252.215–7007 is amended
by, in the introductory text, removing
■
PO 00000
Frm 00073
Fmt 4700
Sfmt 4700
65217
‘‘215.408(3)’’ and adding ‘‘215.371–6’’
in its place.
■ 12. Section 252.215–7008 is revised to
read as follows:
252.215–7008
Only One Offer.
As prescribed at 215.408(4), use the
following provision:
Only One Offer (Oct 2013)
(a) After initial submission of offers, the
Offeror agrees to submit any subsequently
requested additional cost or pricing data if
the Contracting Officer notifies the Offeror
that—
(1) Only one offer was received; and
(2) Additional cost or pricing data is
required in order to determine whether the
price is fair and reasonable or to comply with
the statutory requirement for certified cost or
pricing data (10 U.S.C. 2306a and FAR
15.403–3).
(b) Requirement for submission of
additional cost or pricing data. Except as
provided in paragraph (c) of this provision,
the Offeror shall submit additional cost or
pricing data as follows:
(1) If the Contracting Officer notifies the
Offeror that additional cost or pricing data
are required in accordance with paragraph (a)
of this clause, the data shall be certified
unless an exception applies (FAR 15.403–
1(b)).
(2) Exceptions from certified cost or pricing
data. In lieu of submitting certified cost or
pricing data, the Offeror may submit a
written request for exception by submitting
the information described in the following
paragraphs. 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) Identification of the law or regulation
establishing the price offered. If the price is
controlled under law by periodic rulings,
reviews, or similar actions of a governmental
body, attach a copy of the controlling
document, unless it was previously
submitted to the contracting office.
(ii) Commercial item exception. For a
commercial item exception, the Offeror shall
submit, at a minimum, information on prices
at which the same item or/similar items have
previously been sold in the commercial
market that is adequate for evaluating the
reasonableness of the price for this
acquisition. Such information may include—
(A) For catalog items, a copy of or
identification of the catalog and its date, or
the appropriate pages for the offered items,
or a statement that the catalog is on file in
the buying office to which the proposal is
being submitted. Provide a copy or describe
current discount policies and price lists
(published or unpublished), e.g., wholesale,
original equipment manufacturer, or reseller.
Also explain the basis of each offered price
and its relationship to the established catalog
price, including how the proposed price
relates to the price of recent sales in
quantities similar to the proposed quantities;
(B) For market-priced items, the source and
date or period of the market quotation or
other basis for market price, the base amount,
E:\FR\FM\31OCR1.SGM
31OCR1
wreier-aviles on DSK5TPTVN1PROD with RULES
65218
Federal Register / Vol. 78, No. 211 / Thursday, October 31, 2013 / Rules and Regulations
and applicable discounts. In addition,
describe the nature of the market; or
(C) For items included on an active Federal
Supply Service Multiple Award Schedule
contract, proof that an exception has been
granted for the schedule item.
(3) The Offeror 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 provision, and the
reasonableness of price. For items priced
using catalog or market prices, or law or
regulation, access does not extend to cost or
profit information or other data relevant
solely to the Offeror’s determination of the
prices to be offered in the catalog or
marketplace.
(4) Requirements for certified cost or
pricing data. If the Offeror is not granted an
exception from the requirement to submit
certified cost or pricing data, the following
applies:
(i) The Offeror 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, unless the
Contracting Officer and the Offeror agree to
a different format.
(ii) As soon as practicable after agreement
on price, but before contract award (except
for unpriced actions such as letter contracts),
the offeror shall submit a Certificate of
Current Cost or Pricing Data, as prescribed by
FAR 15.406–2.
(c) If the Offeror is the Canadian
Commercial Corporation, certified cost or
pricing data are not required. If the
Contracting Officer notifies the Canadian
Commercial Corporation that additional data
other than certified cost or pricing data are
required in accordance with 225.870–4(c),
the Canadian Commercial Corporation shall
obtain and provide the following:
(1) Profit rate or fee (as applicable).
(2) Analysis provided by Public Works and
Government Services Canada to the Canadian
Commercial Corporation to determine a fair
and reasonable price (comparable to the
analysis required at FAR 15.404–1).
(3) Data other than certified cost or pricing
data necessary to permit a determination by
the U.S. Contracting Officer that the
proposed price is fair and reasonable [U.S.
Contracting Officer to provide description of
the data required in accordance with FAR
15.403–3(a)(1) with the notification].
(4) As specified in FAR 15.403–3(a)(4), an
offeror who does not comply with a
requirement to submit data that the U.S.
Contracting Officer has deemed necessary to
determine price reasonableness or cost
realism is ineligible for award unless the
head of the contracting activity determines
that it is in the best interest of the
Government to make the award to that
offeror.
(d) If negotiations are conducted, the
negotiated price should not exceed the
offered price.
VerDate Mar<15>2010
15:19 Oct 30, 2013
Jkt 232001
(End of provision)
252.215–7009
[Amended]
13. Section 252.215–7009 is amended
by, in the introductory text, removing
‘‘215.408(6)’’ and adding ‘‘215.408(5)’’
in its place.
■
[FR Doc. 2013–25728 Filed 10–30–13; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 237
RIN 0750–AI05
Defense Federal Acquisition
Regulation Supplement: Private Sector
Notification Requirements of InSourcing Actions DFARS Case 2012–
D036
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Interim rule.
AGENCY:
DoD is issuing an interim rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to implement a section of the
National Defense Authorization Act
regarding private sector notification of
in-sourcing actions.
DATES: Effective date: October 31, 2013.
Comment date: Comments on the
interim rule should be submitted in
writing to the address shown below on
or before December 30, 2013, to be
considered in the formation of a final
rule.’’
ADDRESSES: Submit comments
identified by DFARS Case 2012–D036
using any of the following methods:
Æ Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
entering ‘‘DFARS Case 2012–D036’’
under the heading ‘‘Enter keyword or
ID’’ and selecting ‘‘Search.’’ Select the
link ‘‘Submit a Comment’’ that
corresponds with ‘‘DFARS Case 2012–
D036.’’ Follow the instructions provided
at the ‘‘Submit a Comment’’ screen.
Please include your name, company
name (if any), and ‘‘DFARS Case 2012–
D036 on your attached document.
Æ Email: dfars@osd.mil. Include
DFARS Case 2012–D036 in the subject
line of the message.
Æ Fax: 571–372–6094.
Æ Mail: Defense Acquisition
Regulations System, Attn: Annette Gray,
OUSD(AT&L)DPAP/DARS, Room
3B855, 3060 Defense Pentagon,
Washington, DC 20301–3060.
SUMMARY:
PO 00000
Frm 00074
Fmt 4700
Sfmt 4700
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 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:
Annette Gray, Defense Acquisition
Regulations System,
OUSD(AT&L)DPAP/DARS, Room
3B855, 3060 Defense Pentagon,
Washington, DC 20301–3060.
Telephone 571–372–6093; facsimile
571–372–6101.
SUPPLEMENTARY INFORMATION:
I. Background
This interim rule revises DFARS
237.102–79 to implement section 938 of
the National Defense Authorization Act
(NDAA) for Fiscal Year (FY) 2012
regarding private sector notification of
in-sourcing actions.
II. Discussion and Analysis
Section 938 of the NDAA requires the
Secretary of Defense to establish
procedures for the timely notification of
any contractor who performs a function
that the Secretary plans to convert (insource) to performance by DoD civilian
employees. A written notification will
be provided to affected incumbent
contractors within 20 business days of
the contracting officer’s receipt of a
decision by the cognizant component
in-sourcing program official to in-source
services. The notification will
summarize why the services are being
insourced and must be coordinated with
the component’s in-sourcing program
official. A copy of the notification will
be provided to the congressional
defense committees.
III. 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, dated September 30, 1993. This
E:\FR\FM\31OCR1.SGM
31OCR1
]]>Agencies
[Federal Register Volume 78, Number 211 (Thursday, October 31, 2013)]
[Rules and Regulations]
[Pages 65214-65218]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-25728]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 212, 215, 225, and 252
RIN 0750-AH89
Defense Federal Acquisition Regulation Supplement: Only One
Offer--Further Implementation (DFARS Case 2013-D001)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD is issuing a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to further implement DoD
policy relating to competitive acquisitions in which only one offer is
received, providing additional exceptions, and further addressing
requests for data other than certified cost or pricing data from the
Canadian Commercial Corporation.
DATES: Effective October 31, 2013.
FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, telephone 571-372-
6106.
SUPPLEMENTARY INFORMATION:
I. Background
DoD published a proposed rule in the Federal Register at 78 FR
28785 on May 16, 2013, to further implement policy with regard to
acquisitions in which only one offer is received and requests for data
other than certified cost or pricing data from the Canadian
[[Page 65215]]
Commercial Corporation. This case is a follow-on to DFARS final rules
published in the Federal Register under DFARS Case 2011-D013, Only One
Offer (77 FR 39126 on June 29, 2012), and DFARS Case 2011-D049,
Contracting with the Canadian Commercial Corporation (77 FR 43470 on
July 24, 2012).
II. Applicability
The final rule applies to solicitations (including solicitations
for task orders and delivery orders) issued on or after the publication
date of the final rule.
III. Discussion and Analysis
No public comments were received. There are only minor editorial
changes from the proposed rule that were made in the final rule.
Revisions include:
Renumbering section 12.301(f) subparagraphs due to DFARS
baseline changes.
Correcting, in section 12.301(f), prescription references
cited for two provisions: 252.215-7007, Notice of Intent to Resolicit;
and 252.215-7008, Only One Offer. Extraneous verbiage was removed from
the prescription for 252.215-7004, Requirement for Submission of Data
Other Than Certified Cost or Pricing Data--Modifications--Canadian
Commercial Corporation.
Revising the prescription at 215.371-6 to include a
statement that provision 252.215-7007, Notice of Intent to Resolicit,
should be included in solicitations for the acquisition of commercial
items using Far part 12 procedures. This provision is included in the
list at 212.301(f) as being applicable to solicitations for commercial
items; however, the prescription at 215.371-6 inadvertently omitted
restating applicability of the provision to FAR part 12 solicitations.
Revising two prescriptions at 215.408(3) to include a
statement that the provisions should be included in solicitations for
the acquisition of commercial items using FAR part 12 procedures. The
provisions are: 252.215-7003, Requirement for Data Other Than Certified
Cost or Pricing Data--Canadian Commercial Corporation, and 252.215-
7004, Requirement for Data Other Than Certified Cost or Pricing Data--
Modifications--Canadian Commercial Corporation. These two provisions
are included in the list at 212.301(f) as being applicable to
solicitations for commercial items; however, the prescriptions at
215.408(3) inadvertently omitted restating applicability of the
provisions to FAR part 12 solicitations.
IV. 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, dated September 30, 1993. This rule is not a major rule
under 5 U.S.C. 804.
IV. Regulatory Flexibility Act
A final regulatory flexibility analysis has been prepared
consistent with the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.,
and is summarized as follows:
This rule further implements DoD policy relating to competitive
acquisitions in which only one offer is received, providing additional
exceptions, and further addressing requests for data other than
certified cost or pricing data from the Canadian Commercial
Corporation, especially relating to competitive solicitations when only
one offer is received from the Canadian Commercial Corporation. The
objective of the rule is to promote competition and ensure fair and
reasonable prices by implementing DoD policy with regard to
acquisitions when only one offer is received, including the Canadian
Commercial Corporation.
There were no public comments in response to the proposed rule.
There were no comments filed by the Chief Counsel for Advocacy of the
Small Business Administration.
The final regulatory flexibility analysis for the final rule under
FARS case 2011-D013, Only One Offer, was addressed in the Federal
Register notice published in the Federal Register (77 FR 39126) on June
29, 2012). With regard to DFARS Case 2011-D049, Contracting with the
Canadian Commercial Corporation (77 FR 43470 on July 24, 2012), DoD
certified that there was no 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 it only
impacted Canadian business concerns. The changes proposed in this rule
are not expected to impact a substantial number of small entities
within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et
seq., because the only changes impacting domestic entities are the
added exceptions for architect-engineer services and the 8(a) program,
which are more in the nature of a clarification than a change.
Architect-engineer services are purchased under the Brooks
Act. The final rule for Only One Offer was not made applicable to part
36. This rule specifically clarifies that it is inapplicable.
The final rule for Only One Offer was not made applicable
to set-asides under FAR part 19. The final rule specifically excluded
small business set-asides and set asides under the HUBZone Program, the
Service-Disabled Veteran-Owned Small Business Procurement Program, and
the Women-Owned Small Business Program. The 8(a) Program was
inadvertently omitted from the list of specific exclusions. In
accordance with FAR 19.805-1, an acquisition offered to the SBA shall
be awarded on the basis of competition limited to eligible 8(a) firms
if two conditions are met: (1) the anticipated total value of the
contract exceeds the thresholds at FAR 19.805-1(a)(2); and (2) there
must be a reasonable expectation that at least two eligible and
responsible 8(a) firms will submit offers and that award can be made at
a fair and reasonable price.
The final rule imposes no new reporting, recordkeeping, or other
information collection requirements. The submission of certified cost
or pricing data or data other than certified cost or pricing data is
covered in FAR 15.4 and associated clauses in 52.215, OMB clearance
9000-013.
There are no known significant alternatives to the rule that would
adequately implement the DoD policy. There is no significant economic
impact on a substantial number of small entities.
V. Paperwork Reduction Act
The final rule does not impose any additional information
collection requirements that require approval under the Paperwork
Reduction Act (5 U.S.C. chapter 35). The submission of certified cost
or pricing data or data other than certified cost or pricing data
required for negotiation is covered in FAR 15.4 and associated clauses
in FAR 52.215, and in OMB clearance 9000-013, Cost or Pricing Data
Requirements and Information Other Than Cost or Pricing Data, in the
amount of 10,101,684 hours.
[[Page 65216]]
List of Subjects in 48 CFR Parts 212, 215, 225, and 252
Government procurement.
Manuel Quinones,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 212, 215, 225, and 252 are amended as
follows:
0
1. The authority citation for 48 CFR parts 212, 215, 225, and 252
continues to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 212--ACQUISITION OF COMMERCIAL ITEMS
0
2. Section 212.301 is amended by--
0
a. Redesignating paragraphs (f)(xi) through (lxii) as (f)(xiii) through
(lxv), respectively;
0
b. Adding new paragraphs (f)(xi), (xii), and (xiv); and
0
c. Revising newly designated paragraph (f)(xiii).
The additions and revision read as follows:
212.301 Solicitation provisions and contract clauses for the
acquisition of commercial items.
(f) * * *
(xi) Use the provision at 252.215-7003, Requirements for Submission
of Data Other Than Certified Cost or Pricing Data--Canadian Commercial
Corporation, as prescribed at 215.408(3)(i).
(xii) Use the clause at 252.215-7004, Requirement for Submission of
Data other Than Certified Cost or Pricing Data--Modifications--Canadian
Commercial Corporation, as prescribed at 215.408(3)(ii).
(xiii) Use the provision at 252.215-7007, Notice of Intent to
Resolicit, as prescribed at 215.371-6.
(xiv) Use the provision 252.215-7008, Only One Offer, as prescribed
at 215.408(4).
* * * * *
PART 215--CONTRACTING BY NEGOTIATION
215.371-3 [Amended]
0
3. Section 215.371-3 is amended--
0
a. In paragraph (a), by adding elipses ``. . .'' after the words
``reasonable expectation'' and before the words ``that two or more
offerors,'', and removing ``at one level'' and adding ``at a level'' in
its place.;
0
b. In paragraph (b) introductory text, by removing ``215.371-4(b) and
adding ``215.371-4(a)(3);
0
c. In paragraph (b)(1), removing ``at one level'' and adding ``at a
level'' in its place; and
0
d. In paragraph (b)(2)(i), removing ``, in accordance with FAR
provision 52.215-20'' and removing ``FAR 15.403-1(c)'' and adding ``FAR
15.403-1(b)'' in its place.
0
4. Section 215.371-4 is revised to read as follows:
215.371-4 Exceptions.
(a) The requirements at section 215.371-2 do not apply to--
(1) Acquisitions at or below the simplified acquisition threshold;
(2) Acquisitions in support of contingency, humanitarian or
peacekeeping operations, or to facilitate defense against or recovery
from nuclear, biological, chemical, or radiological attack;
(3) Small business set-asides under FAR subpart 19.5, set asides
offered and accepted into the 8(a) Program under FAR subpart 19.8, or
set-asides under the HUBZone Program (see FAR 19.1305(c)), the Service-
Disabled Veteran-Owned Small Business Procurement Program (see FAR
19.1405(c)), or the Women-Owned Small Business Program (see FAR
19.1505(d));
(4) Acquisitions of basic or applied research or development, as
specified in FAR 35.016(a), that use a broad agency announcement; or
(5) Acquisitions of architect-engineer services (see FAR 36.601-2).
(b) The applicability of an exception in paragraph (a) 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.
0
5. Section 215.371-6 is added to read as follows:
215.371-6 Solicitation provision.
Use the provision at 252.215-7007, Notice of Intent to Resolicit,
in competitive solicitations, including solicitations using FAR part 12
procedures for the acquisition of commercial items, that will be
solicited for fewer than 30 days, unless an exception at 215.371-4
applies or the requirement is waived in accordance with 215.371-5.
215.403-1 [Amended]
0
6. Section 215.403-1 is amended by--
0
a. In second sentence of paragraph (c)(1)(A)(1), removing ``price
analysis.'' and adding ``price analysis; and'' in its place.
0
b. In paragraph (c)(4)(C), removing ``215.408(5)'' and adding
``215.408(3)'' in its place.
0
7. Section 215.408 is amended by--
0
a. Revising paragraph (3);
0
b. In paragraph (4)(i), removing ``215.371-4(a)(1)'' and adding
``215.371-4(a)'' in its place;
0
c. In paragraph (4)(ii), removing ``but that provision will only take
effect as specified in 252.215-7008'' and adding ``if the contracting
officer is requesting submission of data other than certified cost or
pricing data with the offer'' in its place;
0
d. Removing paragraph (5); and
0
e. Redesignating paragraph (6) as paragraph (5).
The revision reads as follows:
215.408 Solicitation provisions and contract clauses.
* * * * *
(3) When contracting with the Canadian Commercial Corporation--
(i)(A) Use the provision at 252.215-7003, Requirement for Data
Other Than Certified Cost or Pricing Data--Canadian Commercial
Corporation--
(1) In lieu of FAR 52.215-20, Requirement for Data Other Than
Certified Cost or Pricing Data, in a solicitation, including
solicitations using FAR part 12 procedures for the acquisition of
commercial items, for a sole source acquisition from the Canadian
Commercial Corporation that is--
(i) Cost-reimbursement, if the contract value is expected to exceed
$700,000; or
(ii) Fixed-price, if the contract value is expected to exceed $500
million; or
(2) In lieu of FAR 52.215-20, in a solicitation, including
solicitations using FAR part 12 procedures for the acquisition of
commercial items, for a sole source acquisition from the Canadian
Commercial Corporation that does not meet the thresholds specified in
paragraph (3)(i)(A)(1), if approval is obtained as required at 225.870-
4(c)(2)(ii); and
(B) Do not use 252.225-7003 in lieu of FAR 52.215-20 in competitive
acquisitions. The contracting officer may use FAR 52.215-20 with its
Alternate IV, as prescribed at 15.408(l)(3), even if offers from the
Canadian Commercial Corporation are anticipated; and
(ii)(A) Use the clause at 252.215-7004, Requirement for Data Other
Than Certified Cost or Pricing Data--Modifications--Canadian Commercial
Corporation--
(1) In a solicitation, including solicitations using FAR part 12
procedures for the acquisition of commercial items, for a sole source
acquisition, from the Canadian Commercial Corporation and resultant
contract that is--
(i) Cost-reimbursement, if the contract value is expected to exceed
$700,000; or
[[Page 65217]]
(ii) Fixed-price, if the contract value is expected to exceed $500
million;
(2) In a solicitation, including solicitations using FAR part 12
procedures for the acquisition of commercial items, for a sole source
acquisition from the Canadian Commercial Corporation and resultant
contract that does not meet the thresholds specified in paragraph
(3)(ii)(A) (1), if approval is obtained as required at 225.870-
4(c)(2)(ii); or
(3)(i) In a solicitation, including solicitations using FAR part 12
procedures for the acquisition of commercial items, for a competitive
acquisition that includes FAR 52.215-21, Requirement for Data Other
Than Certified Cost or Pricing Data--Modifications, or that meets the
thresholds specified in paragraph (3)(ii)(A) (1).
(ii) The contracting officer shall then select the appropriate
clause to include in the contract (52.215-21 only if award is not to
the Canadian Commercial Corporation; or 252.215-7004 if award is to the
Canadian Commercial Corporation and necessary approval is obtained in
accordance with 225.870-4(c)(2)(ii)); and
(B) The contracting officer may specify a higher threshold in
paragraph (b) of the clause 252.215-7004.
* * * * *
PART 225--FOREIGN ACQUISITION
0
8. Section 225.870-4 is amended by--
0
a. Revising paragraph (c)(2);
0
b. In paragraph (c)(3), removing ``215.408(5)(i)'' and adding
``215.408(3)(i)'' in its place.
The revision reads as follows:
225.870-4 Contracting procedures.
* * * * *
(c) * * *
(2) The Canadian Commercial Corporation is not exempt from the
requirement to submit data other than certified cost or pricing data,
as defined in FAR 2.101. In accordance with FAR 15.403-3(a)(1)(ii), the
contracting officer shall require submission of data other than
certified cost or pricing data from the offeror, to the extent
necessary to determine a fair and reasonable price.
(i) No further approval is required to request data other than
certified cost or pricing data from the Canadian Commercial Corporation
in the following circumstances:
(A) In a solicitation for a sole source acquisition that is--
(1) Cost-reimbursement, if the contract value is expected to exceed
$700,000; or
(2) Fixed-price, if the contract value is expected to exceed $500
million.
(B) If the Canadian Commercial Corporation submits the only offer
in response to a competitive solicitation that meets the thresholds
specified in paragraph (c)(2)(i)(A) of this section.
(C) For modifications that exceed $150,000 in contracts that meet
the criteria in paragraph (c)(2)(i)(A) or (B) of this section.
(D) In competitive solicitations in which data other than certified
cost or pricing data are required from all offerors.
(ii) In any circumstances other than those specified in paragraph
(c)(2)(i) of this section, the contracting officer shall only require
data other than certified cost or pricing data from the Canadian
Commercial Corporation if the head of the contracting activity, or
designee no lower than two levels above the contracting officer,
determines that data other than certified cost or pricing data are
needed (or in the case of modifications that it is reasonably certain
that data other than certified cost or pricing data will be needed) in
order to determine that the price is fair and reasonable) (see FAR
15.403-3(a).
* * * * *
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
252.215-7003 [Amended]
0
9. Section 252.215-7003 is amended by, in the introductory text,
removing ``215.408(5)(i)'' and adding ``215.408(3)(i)'' in its place.
0
10. Section 252.215-7004 is amended--
0
a. In the introductory text, by removing ``215.408(5)(ii)'' and adding
``215.408(3)(ii)'' in its place;
0
b. By removing the clause date of ``(JUL 2012)'' and adding ``(OCT
2013)'' in its place;
0
c. In paragraph (b) introductory text, by removing ``the simplified
acquisition threshold'' and adding ``$150,000'' in its place; and
0
d. By adding introductory text after the clause date and before
paragraph (a) to read as follows:
252.215-7004 Requirement for Submission of Data Other Than Certified
Cost or Pricing Data--Modifications--Canadian Commercial Corporation.
* * * * *
This clause, in lieu of FAR 52.215-21, applies only if award is to
the Canadian Commercial Corporation.
* * * * *
252.215-7007 [Amended]
0
11. Section 252.215-7007 is amended by, in the introductory text,
removing ``215.408(3)'' and adding ``215.371-6'' in its place.
0
12. Section 252.215-7008 is revised to read as follows:
252.215-7008 Only One Offer.
As prescribed at 215.408(4), use the following provision:
Only One Offer (Oct 2013)
(a) After initial submission of offers, the Offeror agrees to
submit any subsequently requested additional cost or pricing data if
the Contracting Officer notifies the Offeror that--
(1) Only one offer was received; and
(2) Additional cost or pricing data is required in order to
determine whether the price is fair and reasonable or to comply with
the statutory requirement for certified cost or pricing data (10
U.S.C. 2306a and FAR 15.403-3).
(b) Requirement for submission of additional cost or pricing
data. Except as provided in paragraph (c) of this provision, the
Offeror shall submit additional cost or pricing data as follows:
(1) If the Contracting Officer notifies the Offeror that
additional cost or pricing data are required in accordance with
paragraph (a) of this clause, the data shall be certified unless an
exception applies (FAR 15.403-1(b)).
(2) Exceptions from certified cost or pricing data. In lieu of
submitting certified cost or pricing data, the Offeror may submit a
written request for exception by submitting the information
described in the following paragraphs. 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) Identification of the law or regulation establishing the
price offered. If the price is controlled under law by periodic
rulings, reviews, or similar actions of a governmental body, attach
a copy of the controlling document, unless it was previously
submitted to the contracting office.
(ii) Commercial item exception. For a commercial item exception,
the Offeror shall submit, at a minimum, information on prices at
which the same item or/similar items have previously been sold in
the commercial market that is adequate for evaluating the
reasonableness of the price for this acquisition. Such information
may include--
(A) For catalog items, a copy of or identification of the
catalog and its date, or the appropriate pages for the offered
items, or a statement that the catalog is on file in the buying
office to which the proposal is being submitted. Provide a copy or
describe current discount policies and price lists (published or
unpublished), e.g., wholesale, original equipment manufacturer, or
reseller. Also explain the basis of each offered price and its
relationship to the established catalog price, including how the
proposed price relates to the price of recent sales in quantities
similar to the proposed quantities;
(B) For market-priced items, the source and date or period of
the market quotation or other basis for market price, the base
amount,
[[Page 65218]]
and applicable discounts. In addition, describe the nature of the
market; or
(C) For items included on an active Federal Supply Service
Multiple Award Schedule contract, proof that an exception has been
granted for the schedule item.
(3) The Offeror 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 provision, and the
reasonableness of price. For items priced using catalog or market
prices, or law or regulation, access does not extend to cost or
profit information or other data relevant solely to the Offeror's
determination of the prices to be offered in the catalog or
marketplace.
(4) Requirements for certified cost or pricing data. If the
Offeror is not granted an exception from the requirement to submit
certified cost or pricing data, the following applies:
(i) The Offeror 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, unless the
Contracting Officer and the Offeror agree to a different format.
(ii) As soon as practicable after agreement on price, but before
contract award (except for unpriced actions such as letter
contracts), the offeror shall submit a Certificate of Current Cost
or Pricing Data, as prescribed by FAR 15.406-2.
(c) If the Offeror is the Canadian Commercial Corporation,
certified cost or pricing data are not required. If the Contracting
Officer notifies the Canadian Commercial Corporation that additional
data other than certified cost or pricing data are required in
accordance with 225.870-4(c), the Canadian Commercial Corporation
shall obtain and provide the following:
(1) Profit rate or fee (as applicable).
(2) Analysis provided by Public Works and Government Services
Canada to the Canadian Commercial Corporation to determine a fair
and reasonable price (comparable to the analysis required at FAR
15.404-1).
(3) Data other than certified cost or pricing data necessary to
permit a determination by the U.S. Contracting Officer that the
proposed price is fair and reasonable [U.S. Contracting Officer to
provide description of the data required in accordance with FAR
15.403-3(a)(1) with the notification].
(4) As specified in FAR 15.403-3(a)(4), an offeror who does not
comply with a requirement to submit data that the U.S. Contracting
Officer has deemed necessary to determine price reasonableness or
cost realism is ineligible for award unless the head of the
contracting activity determines that it is in the best interest of
the Government to make the award to that offeror.
(d) If negotiations are conducted, the negotiated price should
not exceed the offered price.
(End of provision)
252.215-7009 [Amended]
0
13. Section 252.215-7009 is amended by, in the introductory text,
removing ``215.408(6)'' and adding ``215.408(5)'' in its place.
[FR Doc. 2013-25728 Filed 10-30-13; 8:45 am]
BILLING CODE 5001-06-P
