Cost or Pricing Data - Requirements Matrix

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Requirements for Cost Or Pricing Data

Department of Defense

Area/Topic Requirement
Requirements: The Contracting Officer must obtain cost or pricing data only if exceptions do not apply.
Exceptions: Adequate Price Competition; Prices Set by Law or Regulation; Commercial Items, Established Catalog/Market Prices; Waivers
Limitations Contracting Officers must not require unnecessarily the submission of cost or pricing data, because it leads to increased proposal preparation costs, extends acquisition lead times, and consumes additional contractor and government resources.
$$ Threshholds for obtaining data:
  • <2500
  • $2500 to $150,000
  • $150,000 to $750,000
  • >$750,000

Can the Contracting Officer Request Cost or Pricing Data?

  • NO; Considered a Micro-Purchase
  • NO; Considered Simplified Acquisition
  • YES, CO "MAY" require cost or pricing data (other than certified cost or pricing data)
  • MUST request certified cost or pricing data.
Certificate of Current Cost or Pricing Data Contract must certify that cost or pricing data was accurate, current, and complete as of the date on agreement on price.
  • Certificate DOES NOT constitute a representation as to the accuracy of the contractor's judgment on the estimate of future cost projections. It applies to the data upon which the judgment was based. There is a distinction between FACT and JUDGMENT !!!!!!
Defective Cost or Pricing Data --BEFORE Agreement on Price Contracting Officer or Contractor must be notified of inaccurate, incomplete, or noncurrent data. The defective data must be corrected, so that the new corrected or updated data establishes the contract price during negotiations. -THE FIX IS BEFORE AGREEMENT ON PRICE!!!
Defective Cost or Pricing Data --Discovered AFTER Award If certified cost or pricing data is defective, the US Government is entitled to a price redetermination as prescribed in FAR 52.215-10 - Price Reduction for Defective Certified Cost or Pricing Data and penalties equal to the overpayment and interest computed daily.