Whether a contractor must submit ``certified cost or pricing data'' is based on the requirements of TINA and its stated exceptions. With respect to ``data other than certified cost or pricing data,'' the introductory policy statement in FAR 15.402(a) has been clarified to tie together the contracting officer's longstanding statutory responsibility to request the data and information necessary to establish a fair and reasonable price--as stated in TINA at 10 U.S.C. 2306a(d)(1) and 41 U.S.C. 254b(d)(1)--with the caution that, in doing so, the contracting officer must not request more data than is necessary. By doing so, the FAR will provide a more complete articulation of the policy underlying the use of ``data other than certified cost or pricing data'' in establishing price fairness and reasonableness, in furtherance of the contracting officer's duty to serve as a responsible steward of the taxpayer's resources.
Some commentors responding to the proposed rule in 2007 expressed concern that it will result in contracting officers by-passing normal market research and pricing techniques and require contractors to submit full cost or pricing data as if the Truth in Negotiations Act (TINA) applied.
The "order of preference" used to determine the type of information required is
- No additional information from the offeror, if the price is based on adequate price competition
- Information other than cost or pricing data - pricing
- Information other than cost or pricing data - cost data that does not meet the definition of cost or pricing data
- Cost or pricing data.