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FAR and DFARS › DFARS Part 215: Contracting by Negotiation › Subpart 215.4

DFARS 215.403-3 Requiring data other than certified 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 section tells contracting officers they cannot decide a price is fair and reasonable based only on what the Government paid in the past. It also lists factors the head of the contracting activity must consider when deciding whether to award to an offeror that did not make a good faith effort to provide requested data other than certified cost or pricing data.

Applies to: DoD contracting officers and heads of contracting activities

What it requires

  • Do not determine price fair and reasonable based solely on historical Government prices.
  • Base any determination to award to an offeror that did not make a good faith effort to submit requested data on pertinent factors, including the effort to obtain the data, availability of other sources, urgency or criticality of need, reasonableness of price, the offeror's rationale, and risk to the

Key terms: data other than certified cost or pricing data · fair and reasonable · historical prices · head of the contracting activity · good faith effort

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

The text

Follow the procedures at PGI 215.403-3.

(a) In accordance with 10 U.S.C. 2306a(d)—

(1) Contracting officers shall not determine the price of a contract or subcontract to be fair and reasonable based solely on historical prices paid by the Government (see PGI 215.403-3(4)); and

(4) In lieu of the factors for consideration listed in FAR 15.403-3(a)(4), a determination by the head of the contracting activity (see PGI 215.403-3(7)) that it is in the best interest of the Government to make the award to an offeror that does not make a good faith effort to comply with a reasonable request to submit data other than certified cost or pricing data shall be based on consideration of pertinent factors, including the following:

(i) The effort to obtain the data.

(ii) Availability of other sources of supply of the item or service.

(iii) The urgency or criticality of the Government's need for the item or service.

(iv) Reasonableness of the price of the contract, subcontract, or modification of the contract or subcontract based on information available to the contracting officer.

(v) Rationale or justification made by the offeror for not providing the requested data.

(vi) Risk to the Government if award is not made.

(c) Commercial products or commercial services. For determinations of price reasonableness of major weapon systems acquired as commercial products, see 234.7002(e).

Sections it refers to

  • 15.403-3 Requiring data other than certified cost or pricing data.
  • 234.7002 Policy.

Sections that refer to it

← 215.403-1 Prohibition on obtaining certified cost or pricing data (10 U.S.C. chapter 271 and 41 U.S.C. chapter 35). · 215.403-5 Instructions for submission of certified cost or pricing data and data other than certified cost or pricing data. →

Rule changes for DFARS Part 215

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

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