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I am being challenged about my interpretation of DFARS 252.215-7002 Cost Estimating System requirements. Wherever I read the word "proposal" in the clause, I'm interpreting it as any and all proposals provided by a contractor. It seems pretty black and white to me. My challenger thinks it only applies to proposals above the TINA threshold. What say you? Does DFARS 252.215-7002 apply to ALL proposals, or only those which require certified cost or pricing data? Any insight you can provide is greatly appreciated.
An offeror for a sole source non-commercial supply contract has taken the position that adequate price competition is applicable and the Government should only require price analysis for evlauation of their proposal and Cost or Pricing Data should not be required. The offeror has referenced FAR 15.403-1(c )(1)(iii) indicating that the supplies sold to other Government entities represents adequate price competition. The offeror goes on to state FAR 15.403-1(c ) includes the term "or" and therefore not all three subparts are required to determine adequate price competition. The question is whether this position has validity or not. It is currently the Government's position that Cost or Pricing Data is required and the exception does not apply. Reference: FAR 15.403-1(c )(1)(iii) states, "Price analysis clearly demonstrates that the proposed price is reasonable in comparison with current or recent prices for the same or similar items, adjusted to reflect changes in market conditions, economic conditions, quantities, or terms and conditions under contracts that resulted from adequate price competition."