Acquisition regulations: Requiring information other than cost or pricing data; inconsistency correction,

[Federal Register: December 13, 1999 (Volume 64, Number 238)]

[Rules and Regulations]

[Page 69415-69416]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr13de99-17]

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.

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: (202) 358-0444; email: joseph.lecren@hq.nasa.gov.

SUPPLEMENTARY INFORMATION:

1. 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.

2. 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 .

3. 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. 99-32221Filed12-10-99; 8:45 am]

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