52.215-21
Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data-Modifications
FAR 52.215-21 requires contractors to submit certified cost or pricing data or justify exceptions for contract modifications, ensuring the government can evaluate price reasonableness.
Overview
FAR 52.215-21 outlines the requirements for contractors to submit certified cost or pricing data, or data other than certified cost or pricing data, when proposing modifications to existing contracts. The clause details when exceptions to certified data requirements may apply, what information must be provided to justify such exceptions, and the procedures for submitting required data. It also addresses the contractor’s obligation to allow government examination of records to verify exception requests and price reasonableness. Alternate versions of the clause provide flexibility for data format, submission methods, and recipients, depending on the contract’s specifics and agency needs.
Key Rules
- Exceptions to Certified Cost or Pricing Data
- Contractors may request exceptions for modifications exceeding the FAR 15.403-4(a)(1) threshold by providing specific supporting information, such as legal or regulatory price controls or commercial item pricing history.
- Submission of Certified Cost or Pricing Data
- If no exception is granted, contractors must submit certified cost or pricing data and supporting documentation per FAR 15.408, and provide a Certificate of Current Cost or Pricing Data before award.
- Government Access to Records
- Contractors must allow the government to examine pertinent records to verify exception requests and price reasonableness, with some limitations for catalog or market-priced items.
- Alternate Clauses
- Alternates I-IV allow for customized data formats, electronic submission, and additional recipients, or waive certified data requirements in favor of other data types.
Responsibilities
- Contracting Officers: Determine if exceptions apply, review submitted data, specify data formats, and ensure compliance with submission and record access requirements.
- Contractors: Submit required data or request exceptions with supporting information, provide access to records, and follow specified formats and submission procedures.
- Agencies: Oversee compliance, review data for price reasonableness, and audit submissions as needed.
Practical Implications
- This clause ensures the government obtains sufficient pricing data for contract modifications, supporting fair and reasonable pricing.
- Contractors must be diligent in tracking thresholds, preparing exception justifications, and maintaining documentation.
- Common pitfalls include failing to provide adequate supporting information for exceptions, missing submission deadlines, or not following specified formats.