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DOD/DARC | RIN: 0750-AJ19 | Publication ID: Fall 2018 |
Title: Only One Offer (DFARS Case 2017-D009) | |
Abstract:
DoD is issuing a final rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to supplement changes being made to the Federal Acquisition Regulation (FAR) under FAR Case 2017006. The FAR case implements section 822 of the National Defense Authorization Act for Fiscal Year 2017, which provides that adequate price competition" occurs when at least two or more responsible offerors, competing independently, submit responsive and viable offers in response to a solicitation issued by DoD, NASA, or the Coast Guard. When there is adequate price competition, offerors are exempt from the requirement to certify their cost or pricing data. This DFARS rule addresses the scenario of when only one offer is received in response to a competitive solicitation, in other words, when there is not adequate price competition as provided in FAR Case 2017-006. In such cases, this DFARS rule will require contractors to certify their cost or pricing data, unless another exception to the requirement to certify applies (such as commercial item acquisitions or acquisitions valued at less than $750,000). This rule may increase costs to offerors, including small entities, if the offeror is the only entity to submit an offer in response to a competitive solicitation and no other exception applies. |
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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 |
EO 13771 Designation: Not subject to, not significant | |
CFR Citation: 48 CFR 215 48 CFR 252 | |
Legal Authority: 41 U.S.C. 1303 Pub. L. 114-328, sec. 822 10 U.S.C. 2306a |
Legal Deadline:
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Timetable:
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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 |