[Federal Register Volume 77, Number 132 (Tuesday, July 10, 2012)]
[Proposed Rules]
[Pages 40552-40553]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-16709]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 15

[FAR Case 2012-018; Docket 2012-0018, Sequence 1]
RIN 9000-AM27


Federal Acquisition Regulation; Price Analysis Techniques

AGENCY: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Proposed rule.

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SUMMARY: DoD, GSA, and NASA are proposing to amend the Federal 
Acquisition Regulation (FAR) to clarify the use of a price analysis 
technique in order to establish a fair and reasonable price.

DATES: Interested parties should submit written comments to the 
Regulatory

[[Page 40553]]

Secretariat at one of the addressees shown below on or before September 
10, 2012 to be considered in the formation of the final rule.

ADDRESSES: Submit comments in response to FAR case 2012-018 by any of 
the following methods:
     Regulations.gov: http://www.regulations.gov. Submit 
comments via the Federal eRulemaking portal by searching for ``FAR Case 
2012-018''. Select the link ``Submit a Comment'' that corresponds with 
``FAR Case 2012-018.'' Follow the instructions provided at the ``Submit 
a Comment'' screen. Please include your name, company name (if any), 
and ``FAR Case 2012-018'' on your attached document.
     Fax: 202-501-4067.
     Mail: General Services Administration, Regulatory 
Secretariat (MVCB), ATTN: Hada Flowers, 1275 First Street NE., 7th 
Floor, Washington, DC 20417.
    Instructions: Please submit comments only and cite FAR Case 2012-
018, in all correspondence related to this case. All comments received 
will be posted without change to http://www.regulations.gov, including 
any personal and/or business confidential information provided.

FOR FURTHER INFORMATION CONTACT: Mr. Edward N. Chambers, Procurement 
Analyst, at 202-501-3221 for clarification of content. For information 
pertaining to status or publication schedules, contact the Regulatory 
Secretariat at 202-501-4755. Please cite FAR Case 2012-018.

SUPPLEMENTARY INFORMATION: 

I. Background

    FAR 15.404-1(b)(2) addresses various price analysis techniques and 
procedures the Government may use to ensure a fair and reasonable 
price. FAR 15.404-1(b)(2)(i) discusses the comparison of proposed 
prices received in response to a solicitation as an example of such 
techniques and procedures. In this discussion, FAR 15.404-1(b)(2)(i) 
references 15.403-1(c)(1), which sets forth the requirements of 
adequate price competition. However, only 15.403-1(c)(1)(i) actually 
addresses the situation when two or more responsible offerors, 
competing independently, submit priced offers that satisfy the 
Government's expressed requirement. Therefore, the reference in 15.404-
1(b)(2)(i) is more appropriately identified as 15.403-1(c)(1)(i).

II. Executive Orders 12866 and 13563

    Executive Orders 12866 and 13563 (E.O.s) direct agencies to assess 
all costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). E.O. 
13563 emphasizes the importance of quantifying both costs and benefits, 
of reducing costs, of harmonizing rules, and of promoting flexibility. 
This is not a significant regulatory action and, therefore, was not 
subject to review under Section 6(b) of E.O. 12866, Regulatory Planning 
and Review, dated September 30, 1993. This rule is not a major rule 
under 5 U.S.C. 804.

III. Regulatory Flexibility Act

    DoD, GSA, and NASA do not expect this proposed rule to have a 
significant economic impact on a substantial number of small entities 
within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et 
seq., because this rule merely clarifies the reference at FAR 15.404-
1(b)(2)(i) for the use of the price analysis technique at 15.403-
1(c)(1)(i) in order to establish a fair and reasonable price. However, 
an initial regulatory flexibility analysis (IRFA) has been prepared 
consistent with 5 U.S.C. 603, and is summarized as follows:

    This rule amends the FAR at 15.404-1(b)(2)(i) to clarify the use 
of the price analysis technique at 15.403-1(c)(1)(i) in order to 
establish a fair and reasonable price. FAR 15.404-1(b)(2) addresses 
various price analysis techniques and procedures the Government may 
use to ensure a fair and reasonable price. FAR 15.404-1(b)(2)(i) 
discusses the comparison of proposed prices received in response to 
a solicitation as an example of such techniques and procedures. In 
this discussion, FAR 15.404-1(b)(2)(i) references 15.403-1(c)(1), 
which sets forth the requirements of adequate price competition. 
However, only FAR 15.403-1(c)(1)(i) actually addresses the situation 
when two or more responsible offerors, competing independently, 
submit priced offers that satisfy the Government's expressed 
requirement. Therefore, the reference in 15.404-1(b)(2)(i) is more 
appropriately identified as 15.403-1(c)(1)(i). The proposed rule 
imposes no reporting, recordkeeping, or other information collection 
requirements. The rule does not duplicate, overlap, or conflict with 
any other Federal rules, and there are no known significant 
alternatives to the rule.

    The Regulatory Secretariat has submitted a copy of the IRFA to the 
Chief Counsel for Advocacy of the Small Business Administration. A copy 
of the IRFA may be obtained from the Regulatory Secretariat. DoD, GSA, 
and NASA invite comments from small business concerns and other 
interested parties on the expected impact.
    DoD, GSA, and NASA will also consider comments from small entities 
concerning the existing regulations in subparts affected by this 
proposed rule in accordance with 5 U.S.C. 610. Interested parties must 
submit such comments separately and should cite 5 U.S.C. 610 (FAR case 
2012-018), in correspondence.

IV. Paperwork Reduction Act

    The proposed rule does not contain any information collection 
requirements that require the approval of the Office of Management and 
Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35).

List of Subjects in 48 CFR Part 15

    Government procurement.

    Dated: July 3, 2012.
Laura Auletta,
Director, Office of Governmentwide Acquisition Policy, Office of 
Acquisition Policy, Office of Governmentwide Policy.

    Therefore, DoD, GSA, and NASA propose amending 48 CFR part 15 as 
set forth below:

PART 15--CONTRACTING BY NEGOTIATION

    1. The authority citation for 48 CFR part 15 continues to read as 
follows:

    Authority:  40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).


15.404-1  [Amended]

    2. Amend section 15.404-1 by removing from paragraph (b)(2)(i) 
``15.403-1(c)(1)'' and adding ``15.403-1(c)(1)(i)'' in its place.

[FR Doc. 2012-16709 Filed 7-9-12; 8:45 am]
BILLING CODE 6820-EP-P