Contractors Take Note: DoD Issues Two Final Contract Cost and Pricing Rules

Crowell & Moring – On October 28, 2022, the Department of Defense (DoD) amended the Defense Federal Acquisition Regulation Supplement (DFARS) by issuing two final rules related to contract cost and pricing: (1) a rule Requiring Data Other Than Certified Cost or Pricing Data, and (2) a Repeal of the Preference for Fixed-Price Contracts  These changes give the DoD greater contracting flexibility, but time will tell whether it results in increased use of cost-reimbursement contracts.