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FAR and DFARS › DFARS Part 215: Contracting by Negotiation › Subpart 215.3

DFARS 215.371-3 Fair and reasonable price and the requirement for additional cost or pricing data.

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This DFARS section tells contracting officers what to do when only one offer is received in a competition that exceeds the simplified acquisition threshold and resoliciting is not required. It addresses when cost or pricing data must be certified and when the contracting officer must obtain additional data or negotiate. It matters to contractors because it can trigger certification requirements and negotiations after a single-offer competition.

Applies to: Acquisitions above the simplified acquisition threshold with only one offer received under competitive procedures

What it requires

  • The contracting officer shall require that any cost or pricing data provided in the proposal be certified if the acquisition exceeds the certified cost or pricing data threshold and no exception applies, when no additional data are needed to find the price fair and reasonable.
  • The contracting officer shall obtain additional cost or pricing data to determine a fair and reasonable price if the offered price cannot be found fair and reasonable without it.
  • The contracting officer shall enter into negotiations with the offeror to establish a fair and reasonable price if still unable to determine the offered price is fair and reasonable.

Key terms: simplified acquisition threshold · certified cost or pricing data threshold · certified cost or pricing data · fair and reasonable price · additional cost or pricing data

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

For acquisitions that exceed the simplified acquisition threshold, if only one offer is received when competitive procedures were used and it is not necessary to resolicit in accordance with 215.371-2(a), then then the contracting officer shall comply with the following:

(a) If no additional cost or pricing data are required to determine through cost or price analysis that the offered price is fair and reasonable, the contracting officer shall require that any cost or pricing data provided in the proposal be certified if the acquisition exceeds the certified cost or pricing data threshold and an exception to the requirement for certified cost or pricing data at FAR 15.403-1(b)(2) through (5) does not apply.

(b) Otherwise, the contracting officer shall obtain additional cost or pricing data to determine a fair and reasonable price. If the acquisition exceeds the certified cost or pricing data threshold and an exception to the requirement for certified cost or pricing data at FAR 15.403-1(b)(2) through (5) does not apply, the cost or pricing data shall be certified.

(c) If the contracting officer is still unable to determine that the offered price is fair and reasonable, the contracting officer shall enter into negotiations with the offeror to establish a fair and reasonable price. The negotiated price should not exceed the offered price.

(d) If the contracting officer is unable to negotiate a fair and reasonable price, see FAR 15.405(d).

Sections it refers to

  • 215.371-2 Promote competition.
  • 15.403-1 Prohibition on obtaining certified cost or pricing data (10 U.S.C. chapter 271 and 41 U.S.C. chapter 35).
  • 15.405 Price negotiation.

Sections that refer to it

  • 215.371-1 Policy.
  • 215.403-1 Prohibition on obtaining certified cost or pricing data (10 U.S.C. chapter 271 and 41 U.S.C. chapter 35).

← 215.371-2 Promote competition. · 215.371-4 Exceptions. →

Rule changes for DFARS Part 215

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

DFARS 215.371-3 Fair and reasonable price and the requirement for additional cost or pricing data · SpendQuery