15.403-5 Instructions for submission of certified cost or pricing data and data other than certified cost or pricing data
Source: FAR 15.403-5 on acquisition.gov
Contractors must carefully follow solicitation instructions for submitting cost or pricing data, including format and exception requests, to ensure compliance and avoid delays.
Overview
FAR 15.403-5 provides detailed instructions for the submission of certified cost or pricing data and data other than certified cost or pricing data during the government contracting process. It outlines what contracting officers must specify in solicitations, including whether certified cost or pricing data are required, the possibility of requesting an exception, requirements for other data, and access to records. The section also addresses acceptable formats for submitting both certified and non-certified data, allowing flexibility unless a specific format is deemed necessary by the contracting officer. Data supporting forward pricing rate agreements or final indirect cost proposals must be submitted in a form acceptable to the contracting officer. The regulation ensures transparency and consistency in pricing data submissions, supporting fair and reasonable price determinations.
Key Rules
- Solicitation Requirements
- Contracting officers must specify in solicitations if certified cost or pricing data are required, allow for exception requests, detail any other data requirements, and state access needs to offeror records.
- Submission Formats
- Certified cost or pricing data may be submitted in formats specified in the solicitation, an alternative format, or the contractor’s format unless otherwise required.
- Data other than certified cost or pricing data can generally be submitted in the offeror’s format unless a specific format is required for evaluation.
- Data supporting forward pricing rate agreements or final indirect cost proposals must be in a form acceptable to the contracting officer.
Responsibilities
- Contracting Officers: Clearly communicate data requirements and acceptable formats in solicitations; review and approve submitted data formats; grant or deny exceptions.
- Contractors: Submit required data in the specified or approved format; request exceptions if applicable; provide access to records as required.
- Agencies: Oversee compliance with data submission and access requirements.
Practical Implications
- This section ensures that both parties understand data submission expectations, reducing delays and disputes.
- Contractors must pay close attention to solicitation instructions and be prepared to justify exceptions or use specific formats.
- Common pitfalls include submitting data in an unapproved format or failing to request an exception when eligible.
(a) Taking into consideration the policy at 15.402, the contracting officer shall specify in the solicitation (see 15.408(l) and (m))-
(1) Whether certified cost or pricing data are required;
(2) That, in lieu of submitting certified cost or pricing data, the offeror may submit a request for exception from the requirement to submit certified cost or pricing data;
(3) Any requirement for data other than certified cost or pricing data; and
(4) The requirement for necessary preaward or postaward access to offeror’s records.
(b)
(1) Format for submission of certified cost or pricing data. When certification is required, the contracting officer may require submission of certified cost or pricing data in the format indicated in 15.408 Solicitation provisions and contract clauses. of 15.408, specify an alternative format, or permit submission in the contractor’s format (See 15.408(l)(1)), unless the data are required to be submitted on one of the termination forms specified in subpart 49.6.
(2) Format for submission of data other than certified cost or pricing data. When required by the contracting officer, data other than certified cost or pricing data may be submitted in the offeror’s own format unless the contracting officer decides that use of a specific format is essential for evaluating and determining that the price is fair and reasonable and the format has been described in the solicitation.
(3) Format for submission of data supporting forward pricing rate agreements. Data supporting forward pricing rate agreements or final indirect cost proposals shall be submitted in a form acceptable to the contracting officer.