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DOD/DARC RIN: 0750-AK95 Publication ID: Spring 2022 
Title: Requiring Data Other Than Certified Cost or Pricing Data (DFARS Case 2020-D008) 

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.

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    48 CFR 242   
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  08/30/2021  86 FR 48368   
NPRM Comment Period End  10/29/2021 
Final Action  09/00/2022 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Jennifer Johnson
Defense Acquisition Regulations System
Department of Defense
Defense Acquisition Regulations Council
3060 Defense Pentagon, Room 3B941,
Washington, DC 20301-3060
Phone:571 372-6100