FAR and DFARS › DFARS Part 215: Contracting by Negotiation › Subpart 215.4
DFARS 215.402 Pricing policy.
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 section makes the contracting officer responsible for determining if the offeror's information is sufficient to decide whether a price is reasonable. It also prohibits the contracting officer from agreeing to contract terms that would prevent the Government from obtaining data needed to support fair and reasonable pricing. When uncertified cost data is required, the offeror must provide it in the form it is normally kept in its business operations.
Applies to: Contracting officers and offerors in DoD acquisitions
What it requires
- Contracting officer must determine if the offeror's information is sufficient to determine price reasonableness.
- Contracting officer must not agree to contract terms that limit the Government's ability to obtain necessary pricing data.
- Contracting officer must require the offeror to provide uncertified cost data in the form regularly maintained in the offeror's business operations.
Key terms: price reasonableness · uncertified cost data · offeror · contracting officer · fair and reasonable pricing
Written by AI from this section's text. A guide, not legal advice: the text below rules.
The text
(a)(i) Pursuant to section 831 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239)—
(A) The contracting officer is responsible for determining if the information provided by the offeror is sufficient to determine price reasonableness. This responsibility includes determining whether information on the prices at which the same or similar items have previously been sold is adequate for evaluating the reasonableness of price, and determining the extent of uncertified cost data that should be required in cases in which price information is not adequate;
(B) The contracting officer shall not limit the Government's ability to obtain any data that may be necessary to support a determination of fair and reasonable pricing by agreeing to contract terms that preclude obtaining necessary supporting information; and
(C) When obtaining uncertified cost data, the contracting officer shall require the offeror to provide the information in the form in which it is regularly maintained in the offeror's business operations.
(ii) Follow the procedures at PGI 215.402 when conducting cost or price analysis, particularly with regard to acquisitions for sole source commercial products or commercial services.
Sections that refer to it
- 252.215-7010 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data.
← 215.401 Definitions. · 215.403 Obtaining certified cost or pricing data. →
Rule changes for DFARS Part 215
- Defense Federal Acquisition Regulation Supplement: Inflation Adjustment of Acquisition-Related Thresholds (DFARS Case 2024-D002) ↗ · final rule 2025-08-25 · effective 2025-10-01
- Defense Federal Acquisition Regulation Supplement: Definition of Material Weakness (DFARS Case 2021-D006) ↗ · final rule 2025-01-17 · effective 2025-01-17
- Defense Federal Acquisition Regulation Supplement: Inflation Adjustment of Acquisition-Related Thresholds (DFARS Case 2024-D002) ↗ · proposed 2025-01-17 · comments due 2025-03-18
- Defense Federal Acquisition Regulation: Past Performance of Affiliate Companies of Small Business Concerns (DFARS Case 2024-D016) ↗ · final rule 2024-11-15 · effective 2024-11-15
- Defense Federal Acquisition Regulation Supplement: Inapplicability of Additional Defense-Unique Laws and Certain Non-Statutory DFARS Clauses to Commercial Item Contracts (DFARS Case 2018-D074) ↗ · final rule 2024-11-15 · effective 2024-11-25
- Defense Federal Acquisition Regulation Supplement; Technical Amendments ↗ · final rule 2024-10-10 · effective 2024-10-10
- Defense Federal Acquisition Regulation Supplement: DoD Cost or Pricing Data Requirements (DFARS Case 2022-D004) ↗ · proposed 2024-09-26 · comments due 2024-11-25
- Defense Federal Acquisition Regulation Supplement: Assuring Integrity of Overseas Fuel Supplies (DFARS Case 2022-D013) ↗ · final rule 2024-09-26 · effective 2024-10-01
Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.