Federal Acquisition Regulation; Federal Acquisition Circular 2019-03; Small Entity Compliance Guide, 27497 [2019-12264]

Download as PDF Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Rules and Regulations (1) Adequate price competition. (i) A price is based on adequate price competition when— (A) Two or more responsible offerors, competing independently, submit priced offers that satisfy the Government’s expressed requirement; (B) Award will be made to the offeror whose proposal represents the best value (see 2.101) where price is a substantial factor in source selection; and (C) There is no finding that the price of the otherwise successful offeror is unreasonable. Any finding that the price is unreasonable must be supported by a statement of the facts and approved at a level above the contracting officer. (ii) For agencies other than DoD, NASA, and the Coast Guard, a price is also based on adequate price competition when– (A) There was a reasonable expectation, based on market research or other assessment, that two or more responsible offerors, competing independently, would submit priced offers in response to the solicitation’s expressed requirement, even though only one offer is received from a responsible offeror and if— (1) Based on the offer received, the contracting officer can reasonably conclude that the offer was submitted with the expectation of competition, e.g., circumstances indicate that— (i) The offeror believed that at least one other offeror was capable of submitting a meaningful offer; and (ii) The offeror had no reason to believe that other potential offerors did not intend to submit an offer; and (2) The determination that the proposed price is based on adequate price competition and is reasonable has been approved at a level above the contracting officer; or (B) Price analysis clearly demonstrates that the proposed price is reasonable in comparison with current or recent prices for the same or similar items, adjusted to reflect changes in market conditions, economic conditions, quantities, or terms and conditions under contracts that resulted from adequate price competition. * * * * * 15.404–1 [Amended] 4. Amend section 15.404–1 by removing from paragraph (b)(2)(i) ‘‘(see 15.403–1(c)(1)(i))’’ and adding ‘‘(see 15.403–1(c)(1))’’ in its place. ■ [FR Doc. 2019–12263 Filed 6–11–19; 8:45 am] BILLING CODE 6820–EP–P 27497 and National Aeronautics and Space Administration (NASA). ACTION: Small Entity Compliance Guide. This document is issued under the joint authority of DOD, GSA, and NASA. This Small Entity Compliance Guide has been prepared in accordance with section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996. It consists of a summary of the rule appearing in Federal Acquisition Circular (FAC) 2019–03, which amends the Federal Acquisition Regulation (FAR). An asterisk (*) next to a rule indicates that a regulatory flexibility analysis has been prepared. Interested parties may obtain further information regarding this rule by referring to FAC 2019–03, which precedes this document. These documents are also available via the internet at http://www.regulations.gov. SUMMARY: June 12, 2019. DEPARTMENT OF DEFENSE DATES: GENERAL SERVICES ADMINISTRATION FOR FURTHER INFORMATION CONTACT: NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Chapter 1 [Docket No. FAR 2019–0002, Sequence No. 2] Mr. Michael O. Jackson at 202–208–4949 for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat Division at 202–501–4755. Please cite FAC 2019–03, FAR Case 2017–006. Federal Acquisition Regulation; Federal Acquisition Circular 2019–03; Small Entity Compliance Guide Department of Defense (DoD), General Services Administration (GSA), AGENCY: RULE LISTED IN FAC 2019–03 Subject FAR case *Exception From Certified Cost or Pricing Data Requirements—Adequate Price Competition ................................. A summary for the FAR rule follows. For the actual revisions and/or amendments made by this FAR Case, refer to the specific subject set forth in the document following this item summary. FAC 2019–03 amends the FAR as follows: SUPPLEMENTARY INFORMATION: jbell on DSK3GLQ082PROD with RULES2 Exception From Certified Cost or Pricing Data Requirements—Adequate Price Competition (FAR Case 2017–006) This final rule amends the FAR to provide guidance to DoD, NASA, and VerDate Sep<11>2014 17:36 Jun 11, 2019 Jkt 247001 the Coast Guard, consistent with section 822 of the National Defense Authorization Act for Fiscal Year 2017 that addresses the exception from certified cost or pricing data requirements when price is based on adequate price competition. Section 822 excludes from the standard for adequate price competition the situation in which there was an expectation of competition, but only one offer is received. The standard of adequate price competition that is based on a reasonable PO 00000 Frm 00005 Fmt 4701 Sfmt 9990 2017–006 Analyst Jackson. expectation of competition is now applicable only to agencies other than DoD, NASA, and the Coast Guard. William F. Clark, Director, Office of Government-wide Acquisition Policy, Office of Acquisition Policy, Office of Government-wide Policy. [FR Doc. 2019–12264 Filed 6–11–19; 8:45 am] BILLING CODE 6820–EP–P E:\FR\FM\12JNR2.SGM 12JNR2

Agencies

[Federal Register Volume 84, Number 113 (Wednesday, June 12, 2019)]
[Rules and Regulations]
[Page 27497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12264]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 1

[Docket No. FAR 2019-0002, Sequence No. 2]


Federal Acquisition Regulation; Federal Acquisition Circular 
2019-03; Small Entity Compliance Guide

AGENCY: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Small Entity Compliance Guide.

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SUMMARY: This document is issued under the joint authority of DOD, GSA, 
and NASA. This Small Entity Compliance Guide has been prepared in 
accordance with section 212 of the Small Business Regulatory 
Enforcement Fairness Act of 1996. It consists of a summary of the rule 
appearing in Federal Acquisition Circular (FAC) 2019-03, which amends 
the Federal Acquisition Regulation (FAR). An asterisk (*) next to a 
rule indicates that a regulatory flexibility analysis has been 
prepared. Interested parties may obtain further information regarding 
this rule by referring to FAC 2019-03, which precedes this document. 
These documents are also available via the internet at http://www.regulations.gov.

DATES: June 12, 2019.

FOR FURTHER INFORMATION CONTACT: Mr. Michael O. Jackson at 202-208-4949 
for clarification of content. For information pertaining to status or 
publication schedules, contact the Regulatory Secretariat Division at 
202-501-4755. Please cite FAC 2019-03, FAR Case 2017-006.

                                           Rule Listed in FAC 2019-03
----------------------------------------------------------------------------------------------------------------
                           Subject                               FAR case                   Analyst
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*Exception From Certified Cost or Pricing Data Requirements--       2017-006  Jackson.
 Adequate Price Competition.
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SUPPLEMENTARY INFORMATION: A summary for the FAR rule follows. For the 
actual revisions and/or amendments made by this FAR Case, refer to the 
specific subject set forth in the document following this item summary. 
FAC 2019-03 amends the FAR as follows:

Exception From Certified Cost or Pricing Data Requirements--Adequate 
Price Competition (FAR Case 2017-006)

    This final rule amends the FAR to provide guidance to DoD, NASA, 
and the Coast Guard, consistent with section 822 of the National 
Defense Authorization Act for Fiscal Year 2017 that addresses the 
exception from certified cost or pricing data requirements when price 
is based on adequate price competition. Section 822 excludes from the 
standard for adequate price competition the situation in which there 
was an expectation of competition, but only one offer is received. The 
standard of adequate price competition that is based on a reasonable 
expectation of competition is now applicable only to agencies other 
than DoD, NASA, and the Coast Guard.

William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of 
Acquisition Policy, Office of Government-wide Policy.
[FR Doc. 2019-12264 Filed 6-11-19; 8:45 am]
 BILLING CODE 6820-EP-P