On September 26, 2024, DoD issued a proposed rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement sections of the National Defense Authorization Acts for Fiscal Years 2018, 2021, and 2022 to update requirements related to the submission of cost or pricing data. Notably, the proposed rule would modify the DFARS 252.215-7010 solicitation provisions related to the submission of data other than certified cost or pricing data. Specifically, DFARS 252.215-7010(d)(1) would be modified as follows: “When certified cost or pricing data are not required to be submitted under this provision, the Offeror shall submit data other than certified cost or pricing data to the extent necessary to determine the reasonableness of the price of the contract or subcontract, when requested by the Contracting Officer.”

The proposed rule also seeks to clarify requirements for submitting cost or pricing data related to contract modifications. Most notably, it would establish a uniform $2 million Truth in Negotiations Act (TINA) threshold for contract modifications.

These proposed provisions would apply to acquisitions of commercial products and services, including commercially available off-the-shelf items.

Comments on the September 26 proposed rule, which can be found here, are due in writing on or before November 25, 2024.