Last week, the Department of Defense (“DoD”) quietly withdrew its ill-received proposed rule on the evaluation of price reasonableness in commercial items acquisitions. Issued on August 3, 2015, the Proposed Rule purported to provide guidance for evaluating the reasonableness of prices using data other than certified cost or pricing data. As we previously reported, it fell short of this goal and, instead, increased confusion in the determination of price reasonableness for commercial goods that have been “offered for sale” but not sold. It also adopted open-ended data provisions that arguably permit the agency to request almost unlimited information to substantiate the reasonableness of prices.
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A Closer Look At DOD’s Proposed Price Reasonableness Rule
By Covington Team on
The Department of Defense published a long awaited proposed rule on August 3, 2015, amending the DFARS to provide guidance for evaluating the reasonableness of prices using data other than certified cost or pricing data. The proposed rule falls short of its goal, instead increasing confusion in the determination of…
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