---
kind: "section"
citation: "48 C.F.R. § 3.103-1"
title: "48"
number: "3.103-1"
heading: "Solicitation provision."
url: "https://uscodex.org/cfr/48/3.103-1"
---

# §3.103-1. Solicitation provision.


The contracting officer shall insert the provision at 52.203-2, Certificate of Independent Price Determination, in solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

- (a) The acquisition is to be made under the simplified acquisition procedures in [part 13](/cfr/48/part13.md);
- (b) [Reserved]
- (c) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
- (d) **The solicitation is for utility services for which rates are set by law or regulation.**

## Notes

### Amendments

[48 FR 42108, Sept. 19, 1983, as amended at 50 FR 1727, Jan. 11, 1985; 50 FR 52429, Dec. 23, 1985; 55 FR 25526, June 21, 1990; 60 FR 34744, July 3, 1995]

### Authority

Authority: 41 U.S.C. 1121(b); 40 U.S.C. 121(c); 10 U.S.C. chapter 4 and 10 U.S.C. chapter 137 legacy provisions (see 10 U.S.C. 3016); and 51 U.S.C. 20113.

### Source

Source: 48 FR 42108, Sept. 19, 1983, unless otherwise noted.

### Amendments

[48 FR 42108, Sept. 19, 1983, as amended at 50 FR 1727, Jan. 11, 1985; 50 FR 52429, Dec. 23, 1985; 55 FR 25526, June 21, 1990; 60 FR 34744, July 3, 1995]