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DoD is issuing a final rule to amend the Defense Federal Acquisition Regulation Supplement to implement section 803 of the National Defense Authorization Act for Fiscal Year 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. Section 803 also amends 10 U.S.C. 2306a(d) to state that contracting officers shall not determine the price of a contract or subcontract to be fair and reasonable based solely on historical prices paid by the Government.