Difference between revisions of "FAR 52.215-10 - Price Reduction for Defective Certified Cost or Pricing Data"
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|ClauseorProvision=Clause | |ClauseorProvision=Clause | ||
|Prescribedin=15.408(b) | |Prescribedin=15.408(b) | ||
− | |TypePurposeContract=Time and Materials/Labor Hour | + | |TypePurposeContract=Time and Materials/Labor Hour -A |
− | |TypeofContractApplicable=Facilities; Architect-Engineering; Dismantling, Demolition or Removal of Improvements; Fixed Price, Supply; Cost Reimbursement, Supply; Communication Services; Leasing of Motor Vehicles; Time & | + | |TypeofContractApplicable=Facilities; Architect-Engineering; Dismantling, Demolition or Removal of Improvements; Fixed Price, Supply; Cost Reimbursement, Supply; Communication Services; Leasing of Motor Vehicles; Time & Material/Labor Hour; Cost Reimbursement, Construction; Fixed Price, Construction; Cost Reimbursement, Service; Fixed Price, Service; Cost Reimbursement, R&D; Fixed Price, R&D; Indefinite Delivery; Transportation; Utility Services |
|TypeofContractOptional=Simplified Acquisition Procedures (Excludes Micro-Purchase) | |TypeofContractOptional=Simplified Acquisition Procedures (Excludes Micro-Purchase) | ||
− | |CCSubject=Certified Cost or Pricing Data | + | |CCSubject=Certified Cost or Pricing Data and/or Data other than Certified |
|ProcurementType=Sole Source | |ProcurementType=Sole Source | ||
− | |||
|PrescriptionOverview===Prescription== | |PrescriptionOverview===Prescription== | ||
'''(b)''' Price Reduction for Defective Certified Cost or Pricing Data. The contracting officer shall, when contracting by negotiation, insert the clause at 52.215-10, Price Reduction for Defective Certified Cost or Pricing Data, in solicitations and contracts when it is contemplated that certified cost or pricing data will be required from the contractor or any subcontractor (see 15.403-4). | '''(b)''' Price Reduction for Defective Certified Cost or Pricing Data. The contracting officer shall, when contracting by negotiation, insert the clause at 52.215-10, Price Reduction for Defective Certified Cost or Pricing Data, in solicitations and contracts when it is contemplated that certified cost or pricing data will be required from the contractor or any subcontractor (see 15.403-4). | ||
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'''(a)''' | '''(a)''' | ||
− | '''(1)''' '''The contracting officer shall obtain certified cost or pricing data only if the contracting officer concludes that none of the exceptions in 15.403-1(b) applies.''' '''SEE -- [[TINA Determination Chart]].''' However, if the contracting officer has reason to believe exceptional circumstances exist and has sufficient data available to determine a fair and reasonable price, then the contracting officer should consider requesting a waiver under the exception at 15.403-1(b)(4). The threshold for obtaining certified cost or pricing data is $ | + | '''(1)''' '''The contracting officer shall obtain certified cost or pricing data only if the contracting officer concludes that none of the exceptions in 15.403-1(b) applies.''' '''SEE -- [[TINA Determination Chart]].''' However, if the contracting officer has reason to believe exceptional circumstances exist and has sufficient data available to determine a fair and reasonable price, then the contracting officer should consider requesting a waiver under the exception at 15.403-1(b)(4). The threshold for obtaining certified cost or pricing data is $2M. Unless an exception applies, certified cost or pricing data are required before accomplishing any of the following actions expected to exceed the current threshold or, in the case of existing contracts, the threshold specified in the contract: |
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− | :(iii) The modification of any sealed bid or negotiated contract (whether or not certified cost or pricing data were initially required) or any subcontract covered by paragraph (a)(1)(ii) of this subsection. Price adjustment amounts must consider both increases and decreases (e.g., a $200,000 modification resulting from a reduction of $500,000 and an increase of $300,000 is a pricing adjustment exceeding $ | + | :(iii) The modification of any sealed bid or negotiated contract (whether or not certified cost or pricing data were initially required) or any subcontract covered by paragraph (a)(1)(ii) of this subsection. Price adjustment amounts must consider both increases and decreases (e.g., a $200,000 modification resulting from a reduction of $500,000 and an increase of $300,000 is a pricing adjustment exceeding $750,000). This requirement does not apply when unrelated and separately priced changes for which certified cost or pricing data would not otherwise be required are included for administrative convenience in the same modification. Negotiated final pricing actions (such as termination settlements and total final price agreements for fixed-price incentive and redeterminable contracts) are contract modifications requiring certified cost or pricing data if— |
::(A) The total final price agreement for such settlements or agreements exceeds the pertinent threshold set forth at paragraph (a)(1) of this subsection; or | ::(A) The total final price agreement for such settlements or agreements exceeds the pertinent threshold set forth at paragraph (a)(1) of this subsection; or | ||
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====Penalty==== | ====Penalty==== | ||
(2) A penalty equal to the amount of the overpayment, if the Contractor or subcontractor knowingly submitted certified cost or pricing data that were incomplete, inaccurate, or noncurrent. | (2) A penalty equal to the amount of the overpayment, if the Contractor or subcontractor knowingly submitted certified cost or pricing data that were incomplete, inaccurate, or noncurrent. | ||
− | |ImportantNotesRequirements='''Applicable to sole source awards over $ | + | |ImportantNotesRequirements='''Applicable to sole source awards over $2M that are not exempt or no exception applies.''' |
− | There is an entire category under this topic. It is: Truth in Negotiations Act (TINA) and has an entry in the navigation bar. | + | '''There is an entire category under this topic. It is: Truth in Negotiations Act (TINA) and has an entry in the navigation bar.''' |
+ | |||
+ | [[Category:Truth In Negotiations Act (TINA)]] | ||
[[Category:FAR 52 - Solicitation Provisions and Contract Clauses]] | [[Category:FAR 52 - Solicitation Provisions and Contract Clauses]] | ||
− | |SubcontractThreshold=> | + | |SubcontractThreshold=>750,000 |
|IncorporatedbyReference=Yes | |IncorporatedbyReference=Yes | ||
|UniformContractFormat=I | |UniformContractFormat=I |
Latest revision as of 18:44, 21 June 2022
Prescribed in 15.408(b) | ||
Effective Date: | 1 October 1997 | |
Clause or Provision: | Clause | |
Provision or Clause Number: | 52.215-10 - Price Reduction for Defective Certified Cost or Pricing Data | |
Principle Type And/Or Purpose of Contract: | ||
Required: | ||
Applicable: | Time and Materials/Labor Hour; Facilities; Architect-Engineering; Dismantling, Demolition or Removal of Improvements; Fixed Price, Supply; Cost Reimbursement, Supply; Communication Services; Leasing of Motor Vehicles; Time & Material/Labor Hour; Cost Reimbursement, Construction; Fixed Price, Construction; Cost Reimbursement, Service; Fixed Price, Service; Cost Reimbursement, R&D; Fixed Price, R&D; Indefinite Delivery; Transportation; Utility Services | |
Optional: | Simplified Acquisition Procedures (Excludes Micro-Purchase) | |
Subject: | Certified Cost or Pricing Data and/or Data other than Certified | |
ProcurementType: | Sole Source | |
Contract Threshold: | ||
Prescription Overview: |
Prescription(b) Price Reduction for Defective Certified Cost or Pricing Data. The contracting officer shall, when contracting by negotiation, insert the clause at 52.215-10, Price Reduction for Defective Certified Cost or Pricing Data, in solicitations and contracts when it is contemplated that certified cost or pricing data will be required from the contractor or any subcontractor (see 15.403-4). FAR 15.403-4 Requiring Certified Cost or Pricing Data(a) (1) The contracting officer shall obtain certified cost or pricing data only if the contracting officer concludes that none of the exceptions in 15.403-1(b) applies. SEE -- TINA Determination Chart. However, if the contracting officer has reason to believe exceptional circumstances exist and has sufficient data available to determine a fair and reasonable price, then the contracting officer should consider requesting a waiver under the exception at 15.403-1(b)(4). The threshold for obtaining certified cost or pricing data is $2M. Unless an exception applies, certified cost or pricing data are required before accomplishing any of the following actions expected to exceed the current threshold or, in the case of existing contracts, the threshold specified in the contract:
| |
Clause Overview: |
ClauseIncrease Contract Price(a) If any price, including profit or fee, negotiated in connection with this contract, or any cost reimbursable under this contract, was increased by any significant amount because—
Subcontract Cost Reduction(b) Any reduction in the contract price under paragraph (a) of this clause due to defective data from a prospective subcontractor that was not subsequently awarded the subcontract shall be limited to the amount, plus applicable overhead and profit markup, by which
Contractor Agrees Not to Use Certain Defenses(c) (1) If the Contracting Officer determines under paragraph (a) of this clause that a price or cost reduction should be made, the Contractor agrees not to raise the following matters as a defense:
(2) - Offsets
Repayment(d) If any reduction in the contract price under this clause reduces the price of items for which payment was made prior to the date of the modification reflecting the price reduction, the Contractor shall be liable to and shall pay the United States at the time such overpayment is repaid— Interest Compounded Daily(1) Interest compounded daily, as required by 26 U.S.C. 6622, on the amount of such overpayment to be computed from the date(s) of overpayment to the Contractor to the date the Government is repaid by the Contractor at the applicable underpayment rate effective for each quarter prescribed by the Secretary of the Treasury under 26 U.S.C. 6621(a)(2); and Penalty(2) A penalty equal to the amount of the overpayment, if the Contractor or subcontractor knowingly submitted certified cost or pricing data that were incomplete, inaccurate, or noncurrent. | |
Important Notes/Requirements: |
Applicable to sole source awards over $2M that are not exempt or no exception applies. There is an entire category under this topic. It is: Truth in Negotiations Act (TINA) and has an entry in the navigation bar. | |
Subcontract Threshold: | >750,000 | |
Incorporated by Reference: | Yes | |
Uniform Contract Format: | I | |
Editor: | Marshall |
Personal notes.