Federal Acquisition Regulation; Federal Acquisition Circular 2019-03; Small Entity Compliance Guide, 27497 [2019-12264]
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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 https://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
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]]>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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 https://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
----------------------------------------------------------------------------------------------------------------
*Exception From Certified Cost or Pricing Data Requirements-- 2017-006 Jackson.
Adequate Price Competition.
----------------------------------------------------------------------------------------------------------------
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
