FAR 52.203-2 - Certificate of Independent Price Determination

From Knowledge base
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Prescribed in 3.103-1

Effective Date:4 January 1985
Clause or Provision:Provision
Provision or Clause Number: 52.203-2 - Certificate of Independent Price Determination
Principle Type And/Or Purpose of Contract:
Required:None
Applicable:Facilities; Architect-Engineering; Dismantling, Demolition or Removal of Improvements; Fixed Price, Supply; Communication Services; Leasing of Motor Vehicles; Fixed Price, Construction; Fixed Price, Service; Fixed Price, R&D; Indefinite Delivery; Transportation; Utility Services
Optional:Simplified Acquisition Procedures (Excludes Micro-Purchase); Time & Material/Labor Hour; Cost Reimbursement, Construction; Cost Reimbursement, Supply; Cost Reimbursement, Service
Subject:Independent Price Determination
ProcurementType:
Contract Threshold:
Prescription Overview:

Solicitation Provision Insertion Requirement[1]

The contracting officer shall insert the provision at 52.203-2, Certificate of Independent Price Determination, in solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(a) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(b) [Reserved]

(c) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(d) The solicitation is for utility services for which rates are set by law or regulation.

Clause Overview:

52.203-2 Certificate of Independent Price Determination [2]

[3]

(a) The offeror certifies that—

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to—

  • (i) Those prices;
  • (ii) The intention to submit an offer; or
  • (iii) The methods or factors used to calculate the prices offered.

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

  • (b) Each signature on the offer is considered to be a certification by the signatory that the signatory—
    • (1) Is the person in the offeror’s organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to paragraphs (a)(1) through
  • (a)(3) of this provision; or
    • (2)
      • (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision ____________________ [insert full name of person(s) in the offeror’s organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror’s organization];
      • (ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) of this provision have not participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; and
      • (iii) As an agent, has not personally participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision.
  • (c) If the offeror deletes or modifies paragraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

References

  1. ↑ FAR 3.103-1
  2. ↑ As prescribed in 3.103-1, (APR 1985)
  3. ↑ If the solicitation is a Request for Quotations, the terms “Quotation” and “Quoter” may be substituted for “Offer” and “Offeror.”
Important Notes/Requirements:

Clause is only incorporated into contract when applicable

Clause does not apply to cost reimbursable contracts exceeding simplified acquisition threshold.

Subcontract Threshold:
Incorporated by Reference:No
Uniform Contract Format:K
Editor:Marshall

Personal notes.

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