99-32221. Requiring Information Other Than Cost or Pricing Data; Correction of Inconsistency

[Federal Register Volume 64, Number 238 (Monday, December 13, 1999)]
[Rules and Regulations]
[Pages 69415-69416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32221]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 1815


Requiring Information Other Than Cost or Pricing Data; Correction 
of Inconsistency

AGENCY: National Aeronautics and Space Administration (NASA).

ACTION: Final rule.

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SUMMARY: This final rule amends the NASA FAR Supplement (NFS) to 
identify a FAR exception to NASA's prohibition against requesting 
information other than cost or pricing data in a solicitation when a 
firm-fixed-price competition is involved.

EFFECTIVE DATE: December 13, 1999.

FOR FURTHER INFORMATION CONTACT: Mr. Joseph Le Cren, NASA Headquarters, 
Code HK, Washington, DC 20546; Telephone: [phone]; email: 
[e-mail].

SUPPLEMENTARY INFORMATION:

A. Background

    The NFS coverage at 1815.403-3(b) prohibits requesting information 
other

[[Page 69416]]

than cost or pricing data in the solicitation where a competitive firm-
fixed-price acquisition is involved. However, FAR 22.1103 requires the 
provision at 52.222-46, Evaluation of Compensation for Professional 
Employees, be inserted in solicitations for negotiated service 
contracts when the contract amount is expected to exceed $500,000 and 
the service to be provided will require meaningful numbers of 
professional employees. This provision requires offerors to provide 
certain information that is considered to be information other than 
cost or pricing data, and it applies to competitive firm-fixed-price 
acquisitions. The result is an inconsistency between the FAR and the 
NFS coverage.
    The final rule eliminates this inconsistency by recognizing the FAR 
22.1103 requirement as an exception.

B. Regulatory Flexibility Act

    NASA certifies that this final rule will not have a significant 
economic impact on a substantial number of small entities within the 
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., 
because this does not impose any new requirements beyond those already 
required by the FAR .

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes to 
the NFS do not impose any recordkeeping or information collection 
requirements, or collections of information from offerors, contractors, 
or members of the public that require the approval of the Office of 
Management and Budget under 44 U.S.C. 3501, et seq.

List of Subjects in 48 CFR Part 1815

    Government procurement.
Tom Luedtke,
Associate Administrator for Procurement.

    Accordingly, 48 CFR Part 1815 is amended as follows:
    1. The authority citation for 48 CFR part 1815 continues to read as 
follows:

    Authority: 42 U.S.C. 2743(c)(1).

PART 1815--CONTRACTING BY NEGOTIATION

    2. Section 1815.403-3 is revised to read as follows:


1815.403-3   Requiring information other than cost or pricing data.

* * * * *
    (b) As indicated in 1815.403-1(b)(1), the adequate price 
competition exception applies to all competitive acquisitions. For 
other than firm-fixed price competitions, only the minimum information 
other than cost or pricing data necessary to ensure price 
reasonableness and assess cost realism should be requested. For firm-
fixed price competitions, the contracting officer shall not request any 
cost information, except as required by FAR 22.1103, unless proposed 
prices appear unreasonable or unrealistically low given the offeror's 
proposed approach and there are concerns that the contractor may 
default.
[FR Doc. 99-32221 Filed 12-10-99; 8:45 am]
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