[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR15.402]



[Page 267-268]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                CHAPTER 1--FEDERAL ACQUISITION REGULATION

 

PART 15_CONTRACTING BY NEGOTIATION--Table of Contents

 

                      Subpart 15.4_Contract Pricing

 

Sec. 15.402  Pricing policy.



    Contracting officers must--

    (a) Purchase supplies and services from responsible sources at fair 

and reasonable prices. In establishing the reasonableness of the offered 

prices, the contracting officer must not obtain more information than is 

necessary. To the extent that cost or pricing data are not required by 

15.403-4, the contracting officer must generally use the following order 

of preference in determining the type of information required:

    (1) No additional information from the offeror, if the price is 

based on adequate price competition, except as provided by 15.403-3(b).

    (2) Information other than cost or pricing data:

    (i) Information related to prices (e.g., established catalog or 

market prices or previous contract prices), relying first on information 

available within the



[[Page 268]]



Government; second, on information obtained from sources other than the 

offeror; and, if necessary, on information obtained from the offeror. 

When obtaining information from the offeror is necessary, unless an 

exception under 15.403-1(b) (1) or (2) applies, such information 

submitted by the offeror shall include, at a minimum, appropriate 

information on the prices at which the same or similar items have been 

sold previously, adequate for evaluating the reasonableness of the 

price.

    (ii) Cost information, that does not meet the definition of cost or 

pricing data at 2.101.

    (3) Cost or pricing data. The contracting officer should use every 

means available to ascertain whether a fair and reasonable price can be 

determined before requesting cost or pricing data. Contracting officers 

must not require unnecessarily the submission of cost or pricing data, 

because it leads to increased proposal preparation costs, generally 

extends acquisition lead time, and consumes additional contractor and 

Government resources.

    (b) Price each contract separately and independently and not--

    (1) Use proposed price reductions under other contracts as an 

evaluation factor; or

    (2) Consider losses or profits realized or anticipated under other 

contracts.

    (c) Not include in a contract price any amount for a specified 

contingency to the extent that the contract provides for a price 

adjustment based upon the occurrence of that contingency.



[62 FR 51230, Sept. 30, 1997, as amended at 66 FR 2129, Jan. 10, 2001]