Requiring data other than certified cost or pricing data
When certified cost or pricing data is not required, contracting officers must obtain sufficient alternative data to determine fair and reasonable pricing, with strict limitations on the scope and use of commercial data.
Overview
FAR 15.403-3 outlines the requirements for obtaining data other than certified cost or pricing data when certified data is not required. The regulation ensures that contracting officers have sufficient information to determine fair and reasonable pricing in federal acquisitions, particularly when adequate price competition is lacking or when acquiring commercial products or services.
Key Rules
- Obtaining Data from Available Sources
- Contracting officers must first seek data from government or secondary sources before requesting data from offerors.
- Requiring Data from Offerors
- If adequate data is unavailable, officers must require submission of data other than certified cost or pricing data from offerors, including historical sales data and cost realism support.
- Use of Offeror’s Format
- Data should be submitted in the contractor’s standard format unless otherwise specified.
- Currency of Data
- Officers must ensure data is current and only request updates that affect proposal adequacy.
- Award Ineligibility for Non-Compliance
- Offerors who fail to provide required data may be ineligible for award unless an exception is justified by the HCA.
- Adequate Price Competition
- When adequate price competition exists, additional data is generally not required, but may be requested in unusual circumstances.
- Commercial Products and Services
- Price analysis is mandatory for commercial items; if price reasonableness cannot be determined, additional data must be requested, with limitations on the scope and disclosure of commercial data.
Responsibilities
- Contracting Officers: Must determine when and what data is needed, request it appropriately, ensure data is current, and protect sensitive commercial data.
- Contractors: Must provide requested data in their usual format and comply with data submission requirements to remain eligible for award.
- Agencies: Must oversee compliance, ensure data protection, and justify exceptions to award ineligibility when necessary.
Practical Implications
This section ensures transparency and fairness in pricing for government contracts, especially when certified cost or pricing data is not required. Contractors must be prepared to provide relevant sales and pricing data, and contracting officers must balance data needs with minimizing unnecessary burdens. Common pitfalls include failing to provide adequate data or requesting excessive information beyond what is necessary.