Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data
FAR 52.215-20 requires contractors to submit certified cost or pricing data unless a valid exception is granted, ensuring the government can evaluate price reasonableness for negotiated contracts.
Overview
FAR 52.215-20 outlines the requirements for submitting certified cost or pricing data, or data other than certified cost or pricing data, during federal contract negotiations. It specifies when exceptions to certified data may be requested, the information needed to support such exceptions, and the procedures for submitting required data if no exception is granted. The provision also details the rights of the Contracting Officer to examine records and includes several alternates that allow for flexibility in data format, submission methods, and distribution requirements.
Key Rules
- Exceptions to Certified Cost or Pricing Data
- Offerors may request exceptions by providing supporting information, such as evidence of commercial pricing or prices controlled by law or regulation. The Contracting Officer may request additional information to determine price reasonableness.
- Submission of Certified Cost or Pricing Data
- If no exception is granted, offerors must submit certified cost or pricing data and supporting attachments as per FAR 15.408, and provide a Certificate of Current Cost or Pricing Data before contract award.
- Access to Records
- The Contracting Officer has the right to examine pertinent records to verify exception requests and price reasonableness, but not cost/profit data for catalog or market-priced items.
- Alternate Provisions
- Alternates allow for different data formats, electronic submission, and additional distribution requirements, depending on the solicitation.
Responsibilities
- Contracting Officers: Review exception requests, determine data requirements, ensure compliance with submission formats, and verify price reasonableness.
- Contractors: Submit exception requests with supporting documentation, provide certified cost or pricing data if required, and comply with specified formats and submission methods.
- Agencies: Oversee compliance, maintain records, and ensure proper distribution of submitted data.
Practical Implications
- This provision ensures the government obtains sufficient pricing data to determine fair and reasonable pricing. Contractors must be prepared to justify exceptions or submit detailed cost data, and should pay close attention to the specific requirements and alternates included in each solicitation. Failure to comply can delay contract awards or result in disqualification.