[Federal Register Volume 60, Number 215 (Tuesday, November 7, 1995)]
[Rules and Regulations]
[Pages 56125-56126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-27515]
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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 1815
Acquisition Regulation; Cost or Pricing Data; Correction
AGENCY: Office of Procurement, National Aeronautics and Space
Administration (NASA).
ACTION: Correction to final rule.
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SUMMARY: This document contains corrections to the final rule which was
published October 18, 1995 (60 FR 53878) The final rule revised NASA
policies on cost or pricing data in order to make the policies
consistent with recently revised Federal-wide policies.
EFFECTIVE DATE: October 18, 1995.
FOR FURTHER INFORMATION CONTACT:
William T. Childs, (202) 358-0454.
SUPPLEMENTARY INFORMATION:
Background
The Federal Acquisition Streamlining Act of 1994 (FASA) revised
policy on cost or pricing data under the Truth in Negotiations Act
(TINA), among other things. The TINA changes have been implemented in
the Federal Acquisition Regulation (FAR) at 48 CFR chapter 1, and those
changes necessitate corresponding revisions of the NASA FAR Supplement
(NFS).
Need for Correction
Two section headings were incorrectly published. In section
1815.804-1, paragraph (a)(1) is removed because it is adequately
covered by FAR 15.804-1, two citations are corrected, and the term
``exemption'' is revised to read ``exception'', which is the term used
by the FAR. Paragraph (b) was inadvertently omitted from Sec. 1815.804-
2. The paragraph provides guidance that the agreed date under FAR
15.804-2(b)(2) should generally be within two weeks of the date of
price agreement.
Correction of Publication
Accordingly, the publication on October 18, 1995 of the final rule
which was the subject of FR Doc. 95-25858, is corrected as follows:
1815.804 [Corrected]
Paragraph 2. on page 53879, in the first column, is corrected by
revising the heading of Sec. 1815.804 to read as follows:
1815.804 Cost or pricing data and information other than cost or
pricing data.
1815.804-1 [Corrected]
Paragraph 3. on page 53879, in the first column, is corrected by
revising the heading and paragraphs (a), (b), and (c) of section
1815.804-1 to read as follows:
1815.804-1 Prohibition on obtaining cost or pricing data.
(a)(1) When the adequate price competition exception will be used
in a single-offer situation, the exception shall be approved by the
head of the contracting activity. The exception document shall cite the
authority of 10 U.S.C. 2306(b)(1)(B), and the procedure in paragraph
(d) of this section shall be used.
(2) The adequate price competition exception is applicable to both
fixed-price and cost-reimbursement type procurements.
(i) The use of this exception for a cost-reimbursement procurement
requires the careful exercise of judgment on the part of the
contracting officer based on the application of the guidance in FAR
15.804-1(b)(1)(i)(A) and the regulations of this chapter to the facts
of each procurement. The instances when its use under cost-
reimbursement procurements would be appropriate should be limited. One
reason is that, unlike fixed-price type contracts, where the final cost
to the Government is set at the negotiated contract amount, in cost-
reimbursement contracts, the contract amount is only an estimate of the
Government's final cost. As a consequence, the failure to obtain cost
or pricing data could result in a competing contractor intentionally
underestimating its costs for the purpose of winning the award, which
could then cause the actual contract costs to significantly exceed
those proposed.
(ii) If and when negotiations conducted with a successful offeror
after receipt of Best and Final Offers result in a substantial change
in that offeror's price, the validity of any adequate price competition
exception which previously applied could be nullified, regardless of
contract type.
(3) When the decision is made to apply the adequate price
competition exception, that decision shall be documented in the
contract file. In addition, for cost-reimbursement procurements, that
document shall be signed by the procurement officer and a copy provided
to the Analysis Division, Code HC.
(b) When an exception is granted under FAR 15.804-1(c)(4) for
repetitive submissions of catalog items, Government approval of the
exception request shall state the effective period, usually not more
than one year, and require the contractor to furnish any later
information that might raise a
[[Page 56126]]
question as to the exception's continuation.
(c) When excepting submission under FAR 15.804-1(b)(2)(iii), the
contracting officer shall document the reasons for the exception. It is
generally appropriate to include a description of the similarities and
differences from a commercial item, along with a discussion of the
actual sales prices of the commercial item and an explanation of the
value of the differences from that item. If the fact of substantial
sales to the general public is well known, information addressing the
quantity of sales is not required.
* * * * *
1815.804-2 [Corrected]
Paragraph 4. on page 53879, in the third column, is corrected by
adding paragraph (b) to read as follows:
1815.804-2 Requiring cost or pricing data.
* * * * *
(b) If a certificate of current cost or pricing data is made
applicable as of a date other than the date of price agreement, the
agreed date should generally be within two weeks of the date of price
agreement.
Tom Luedtke,
Deputy Associate Administrator for Procurement.
[FR Doc. 95-27515 Filed 11-6-95; 8:45 am]
BILLING CODE 7510-01-M
