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DOD/DARC RIN: 0750-AK95 Publication ID: Fall 2020 
Title: Failure to Provide Other Than Certified Cost or Pricing Data Upon Request (DFARS Case 2020-D008) 

DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement to implement section 803 of the National Defense Authorization Act for FY 2020. Section 803 amends 10 U.S.C. 2306a(d) to state that an offeror is ineligible for award if the contracting officer is unable to determine proposed prices are fair and reasonable by any other means, when an offeror fails to make a good faith effort to comply with a reasonable request to submit data, unless the Head of the Contracting Activity determines that it is in the best interest of the Government to make the award to that offeror.

Agency: Department of Defense(DOD)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Not subject to, not significant 
CFR Citation: Not Yet Determined     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 41 U.S.C. 1303    Pub. L. 116-92, sec. 803    10 U.S.C. 2306a(d)   
Legal Deadline:  None
Action Date FR Cite
NPRM  12/00/2020 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Federal 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Jennifer D. Johnson
Office of the Under Secretary of Defense for Acquisition and Sustainment
Department of Defense
Defense Pricing and Contracting, Defense Acquisition Regulations System, Room 3B941, 3060 Pentagon,
Washington, DC 20301-3060
Phone:571 372-6100