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  • Question

    FAR Part 15.404-1(b)(3) states "However, if the contracting officer determines that information on competitive proposed prices or previous contract prices is not available or is insufficient to determine that the price is fair and reasonable, the contracting officer may use any of the remaining techniques as appropriate to the circumstances applicable to the acquisition." Does this mean I can still use cost analysis or cost realism analysis to determine if the price is fair and reasonable? Even though the award will be under Part 12?


    Answer

    FAR 15.403-1(b)(3) prohibits the contracting officer from obtaining certified cost or pricing data, but does not prohibit him or her from obtaining data other than certified cost or pricing data (ref. FAR 15.403-3(c)). So yes, you can still use cost analysis or cost realism analysis to determine if the price is fair and reasonable even though the award will be under FAR Part 12.

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