The Department of Defense, General Services
Administration, and National Aeronautics and Space
Administration are proposing to amend the Federal
Acquisition Regulation to clarify the use of a price
analysis technique to establish a fair and reasonable price.
The rule would amend FAR
15.404-1 (b)(2), which addresses various price analysis
techniques and procedures the government may use to ensure a
fair and reasonable price. FAR
15.404-1 (b)(2)(i) discusses the comparison of proposed
prices received in response to a solicitation as an example
of these techniques and procedures. In this discussion, FAR
15.404-1 (b)(2)(i) references FAR
15.403-1 (c)(1), which sets forth the requirements of
adequate price competition. However, only FAR
15.403-1 (c)(1)(i) addresses the situation when two or
more responsible offerors, competing independently, submit
priced offers that satisfy the government's expressed
requirement. Therefore, the rule would change the reference
to FAR
15.403-1 (c)(1)(i). Comments referencing FAR Case
2012-018 are due September 10, 2012. For the text of the
rule, see ¶70,006.266.
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