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DOD/DARC RIN: 0750-AI75 Publication ID: Spring 2017 
Title: Promoting Voluntary Post-Award Disclosure of Defective Pricing (DFARS Case 2015-D030) 
Abstract:

DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to promote voluntary contractor disclosures of defective pricing identified by the contractor after contract award by providing DoD contracting officers with the discretion to request a limited-scope audit or a full-scope audit as appropriate for the circumstances, thereby reducing repeated contractor submissions of certified cost or pricing data.  The DFARS rule supplements Federal Acquisition Regulation 15.407-1(c) to indicate that, in the interest of promoting voluntary contractor disclosures of defective pricing identified by the contractor after contract award, DoD contracting officers shall request a limited-scope audit, unless a full-scope audit is appropriate for the circumstances. 

One respondent submitted a public comment in response to the proposed rule. This rule will apply to all DoD contractors, including small entities, who are required to submit certified cost or pricing data.  However, this rule is not anticipated to increase costs for contractors.  If a contractor usually submit cost or pricing data frequently in order to avoid defective pricing claims, then this rule may have the beneficial effect of reducing the number of such submissions. 

 
Agency: Department of Defense(DOD)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 48 CFR 215   
Legal Authority: 41 U.S.C. 1303   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  11/20/2015  80 FR 72669   
NPRM Comment Period End  01/19/2016 
Final Action  11/00/2017 
Final Action Effective  11/00/2017 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Jennifer Hawes
Defense Acquisition Regulations System
Department of Defense
3060 Defense Pentagon, Room 3B941,
Washington, DC 20301-3060
Phone:571 372-6115
Email: jennifer.l.hawes2.civ@mail.mil