ADV I SO RY
April 2013
Department of Defense Issues “Proposal
Adequacy Checklist” For Offeror Cost Proposals
When Certified Cost Or Pricing Data Are Required
Contacts
The Department of Defense (DOD) has issued a final rule1 amending the Department of
Defense FAR Supplement (DFARS) to provide a “proposal adequacy checklist” for offerors
to complete when a solicitation requires certified cost or pricing data. New DFARS 215.408
provides that, when the solicitation requires the submission of certified cost or pricing data,
the contracting officer “should” include 252.215-7009, Proposal Adequacy Checklist, in
the solicitation to facilitate submission of a “thorough, accurate, and complete proposal.”
The provision will only be included in solicitations with an estimated value greater than
the Truth in Negotiations Act threshold (currently US$700,000), and that require certified
cost or pricing data. The checklist applies only to the cost proposal, and not to the offeror’s
entire proposal submission.
The purpose of the checklist is to facilitate offerors’ submission of adequate proposals,
and to enable offerors to self-validate their proposals through use of the checklist. Use of
the checklist is not a mandatory requirement, but contracting officers will have discretion
to determine applicability based on procurement requirements. According to DOD, the
checklist is intended as a tool to assist offerors in providing adequate, compliant proposals,
and is not meant to be punitive. DOD’s goal in issuing the checklist is to improve proposal
submissions from prospective contractors, and thereby promote efficiency during the
proposal evaluation process, by reducing rework, added proposal preparation costs and
delays associated with inadequate proposals. According to DOD, use of the checklist
should result in cost savings by improving initial proposal submissions from offerors and
reducing the amount of rework and resubmissions, as well as time savings for contracting
officers, because the offeror will specify where to find required information in its proposal.
The completed checklist is not intended to be a standalone document, but will be used
by contracting officials in reviewing proposals when certified cost or pricing data are
required. Prime contractors are not required to flowdown the checklist to subcontractors,
but may elect to have their prospective subcontractors use the same, or a similar, checklist,
as appropriate.
1
78 Federal Register 18865 (March 28, 2013), available at http://www.gpo.gov/fdsys/pkg/FR-2013-0328/pdf/2013-07106.pdf.
arnoldporter.com
Joan G. Ochs
+1 202.942.5343
When the contracting officer determines the checklist is
applicable, the solicitation provision created by this rule will
be specified in Section L of the solicitation, and is meant to
supplement the other instructions for circumstances where
certified cost or pricing data will be required.
If you have any questions about any of the topics discussed in this
advisory, please contact your Arnold & Porter attorney or any of
the following attorneys:
Joan G. Ochs
+1 202.942.5343
Joan.Ochs@aporter.com
In the final rule, the proposal adequacy checklist includes
36 items, down from the 47 checklist items initially identified
in the December 2011 proposed rule. The checklist requires
offerors to provide the location of requested items, or an
explanation of why the requested information is not provided.
The final rule became effective on March 28, 2013.
© 2013 Arnold & Porter LLP. This Advisory is intended to be a
general summary of the law and does not constitute legal advice.
You should consult with counsel to determine applicable legal
requirements in a specific fact situation.
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