DFARS Case 2017-D009 (S) Only One Proposed Rule PART 215—CONTRACTING BY NEGOTIATION * * * * * SUBPART 215.3--SOURCE SELECTION * * * * * 215.371 Only one offer. * * * * * 215.371-3 Fair and reasonable price [and the requirement for additional cost or pricing data]. (a) If there was expectation… that or more offerors, competing “reasonable …two independently, would submit priced offers” but only one offer is received, this circumstance does not constitute adequate price competition unless an official at a level above the contracting officer approves the determination that the price is reasonable (see FAR 15.403-1(c)(1)(ii)). (b) Except as provided in section (a) [For acquisitions that exceed the simplified acquisition threshold], if only one offer is received when competitive procedures were used and the solicitation allowed at least 30 days for receipt of proposals (unless the 30-day requirement is not applicable in accordance with (a)(3) or has been waived in accordance with section ) the contracting officer shall— (1) Determine through cost or price analysis that the offered price is fair and reasonable and that adequate price competition exists (with approval of the determination at a level above the contracting officer) or another exception to the requirement for certified cost or pricing data applies (see FAR 15.403-1(c) and In these circumstances, no further cost or pricing data is required; or (2)(i) Obtain from the offeror cost or pricing data necessary to determine a fair and reasonable price and comply with the requirement for certified cost or pricing data at FAR 15.403-4. For acquisitions that exceed the cost or pricing data threshold, if no exception at FAR 15.403-1(b) applies, the cost or pricing data shall be certified.; and (ii) Enter [it is not necessary to resolicit in accordance with 215.371-2(a), then—] [(a) If no additional cost or pricing data are required to determine through cost or analysis that the offered price is fair and reasonable, the contracting officer shall require that any cost or pricing data provided in the proposal be certified if the acquisition exceeds the certified cost or pricing data threshold and an exception to the requirement for certified cost or pricing data at FAR 15.403-1(b)(2) through (5) does not apply.
DFARS Case 2017-D009 (S) Only One Proposed Rule PART 215—CONTRACTING BY NEGOTIATION * * * * * SUBPART 215.3--SOURCE SELECTION * * * * * 215.371 Only one offer. * * * * * 215.371-3 Fair and reasonable price [and the requirement for additional cost or pricing data]. (a) If there was “reasonable expectation… that …two or more offerors, competing independently, would submit priced offers” but only one offer is received, this circumstance does not constitute adequate price competition unless an official at a level above the contracting officer approves the determination that the price is reasonable (see FAR 15.403-1(c)(1)(ii)). (b) Except as provided in section (a) [For acquisitions that exceed the simplified acquisition threshold], if only one offer is received when competitive procedures were used and the solicitation allowed at least 30 days for receipt of proposals (unless the 30-day requirement is not applicable in accordance with (a)(3) or has been waived in accordance with section ) the contracting officer shall— (1) Determine through cost or price analysis that the offered price is fair and reasonable and that adequate price competition exists (with approval of the determination at a level above the contracting officer) or another exception to the requirement for certified cost or pricing data applies (see FAR 15.403-1(c) and In these circumstances, no further cost or pricing data is required; or (2)(i) Obtain from the offeror cost or pricing data necessary to determine a fair and reasonable price and comply with the requirement for certified cost or pricing data at FAR 15.403-4. For acquisitions that exceed the cost or pricing data threshold, if no exception at FAR 15.403-1(b) applies, the cost or pricing data shall be certified.; and (ii) Enter [it is not necessary to resolicit in accordance with 215.371-2(a), then—] [(a) If no additional cost or pricing data are required to determine through cost or analysis that the offered price is fair and reasonable, the contracting officer shall require that any cost or pricing data provided in the proposal be certified if the acquisition exceeds the certified cost or pricing data threshold and an exception to the requirement for certified cost or pricing data at FAR 15.403-1(b)(2) through (5) does not apply.
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