C.F.R. » Title 48 » CHAPTER 1—FEDERAL ACQUISITION REGULATION › SUBCHAPTER B—ACQUISITION PLANNING › PART 12—ACQUISITION OF COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES › Subpart 12.2—Special Requirements for the Acquisition of Commercial Products and Commercial Services

48 C.F.R. § 12.209

12.209 Determination of price reasonableness.

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While the contracting officer must establish price reasonableness in accordance with 13.106-3, 14.408-2, or subpart 15.4, as applicable, the contracting officer should be aware of customary commercial terms and conditions when pricing commercial products and commercial services. Commercial product and commercial service prices are affected by factors that include, but are not limited to, speed of delivery, length and extent of warranty, limitations of seller's liability, quantities ordered, length of the performance period, and specific performance requirements. The contracting officer must ensure that contract terms, conditions, and prices are commensurate with the Government's need.

[66 FR 53484, Oct. 22, 2001, as amended at 86 FR 61022, Nov. 4, 2021]
Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2010–2024 · leading case: Brent Berry v. Native American Services Corporation
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Brent Berry v. Native American Services Corporation (2024) ca11 “” 48 C.F.R. § 12.209 . That often requires contracting officers to compare “proposed prices to historical prices paid, whether by the Government or other than the Government, for the same or similar items.”
United States Ex Rel. Thomas v. Siemens AG (2010) paed “” 48 C.F.R. §§ 12.209 , 13.106-3, 15.402(a).”
United States ex rel. Thomas v. Siemens AG (2014) paed “48 C.F.R. §§ 12.209 ,13.106-3(a), 15.402(a).”
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