DFARS Part 215: Contracting by Negotiation

In plain English

DFARS Part 215 implements FAR Part 15 for DoD negotiated acquisitions, covering source selection, proposal evaluation, cost or pricing data, profit analysis, and debriefings. It matters because it adds DoD-specific rules and thresholds that affect how contractors compete and price their offers.

Key rules

• When acquiring tents or other temporary structures for the Armed Forces, the contracting officer must award contracts that provide the best value. (215.101-70)
• For fuel acquisitions for overseas contingency operations above the simplified acquisition threshold, the contracting officer shall consider using a tradeoff process. (215.101-71)
• For source selections of $100 million or more, contracting officers should use FAR 52.215-1 with Alternate I and should conduct discussions. (215.209, 215.306)
• If only one offer is received in a competitive solicitation, DoD policy requires actions to promote competition and ensure price reasonableness, with possible resolicitation. (215.371-1, 215.371-2, 215.371-3)
• Certified cost or pricing data is generally prohibited unless an exception applies, and price reasonableness cannot be based solely on historical prices. (215.403-1, 215.403-3)
• Profit objectives for negotiated contracts with certified cost or pricing data must use a structured approach, such as the weighted guidelines method. (215.404-4, 215.404-71-1)
• Postaward debriefings are required for contract awards valued at $15 million or more when requested by an offeror, with an opportunity for follow-up questions within 2 business days. (215.506, 215.506-70)

Who does what

In practice

• When bidding on DoD negotiated acquisitions, be prepared for possible resolicitation if you are the only offeror, and ensure your price is fair and reasonable.
• For acquisitions over $100 million, expect discussions and the use of FAR 52.215-1 Alternate I.
• If you receive a debriefing for an award of $15 million or more, you can submit follow-up questions within 2 business days.
• Profit on cost-reimbursement or fixed-price contracts with certified cost data will be analyzed using the weighted guidelines method, focusing on performance risk, contract type risk, facilities capital, and cost efficiency.

Common pitfalls

• Do not assume that certified cost or pricing data is always required; check the exceptions and prohibitions in 215.403-1.
• Do not rely solely on historical Government prices to establish price reasonableness; 215.403-3 prohibits that practice.
• If you are the only offeror, do not expect automatic award; the contracting officer must promote competition and may resolicit.
• For cost-plus-award-fee contracts, do not use the weighted guidelines method for fee objectives; follow 215.404-74 instead.

Written by AI from this part's codified text (2026-10-04); cited sections are checked against the part. A guide, not legal advice: the regulation text, the solicitation and your contract rule.