5.  Application to Competitive Acquisitions in Which Two or More Offers Are Received

Comment: The respondent stated that substantive investigation and cost verification of cost reasonableness is normally not required if a solicitation for goods or services is considered competitive. Therefore, the respondent recommended that requests for data other then certified cost or pricing data not be allowed on competitive acquisitions in which more than one offer is received. The respondent acknowledged that if only one offer is received, the acquisition may be treated the same as a sole source procurement, rather than a competitive procurement.

Response: FAR 15.403-3 states that when adequate price competition exists, generally no additional data are necessary to determine the reasonableness of price. FAR 15.404-1 provides that comparison of proposed prices received in response to the solicitation normally establishes a fair and reasonable price. However, the FAR does not preclude the unusual circumstance in which additional data might be required (although preferably from a source other than the offeror). In such circumstances, the contracting officer may request the data with the higher level approval as specified in the final rule.