[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR15.406-2]



[Page 281-282]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                CHAPTER 1--FEDERAL ACQUISITION REGULATION

 

PART 15_CONTRACTING BY NEGOTIATION--Table of Contents

 

                      Subpart 15.4_Contract Pricing

 

Sec. 15.406-2  Certificate of current cost or pricing data.



    (a) When cost or pricing data are required, the contracting officer 

must require the contractor to execute a Certificate of Current Cost or 

Pricing Data, using the format in this paragraph, and must include the 

executed certificate in the contract file.



               CERTIFICATE OF CURRENT COST OR PRICING DATA



    This is to certify that, to the best of my knowledge and belief, the 

cost or pricing data (as defined in section 2.101 of the Federal 

Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) 

submitted, either actually or by specific identification in writing, to 

the Contracting Officer or to the Contracting Officer's representative 

in support of ----* are accurate, complete, and current as of ----**. 

This certification includes the cost or pricing data supporting any 

advance agreements and forward pricing rate agreements between the 

offeror and the Government that are part of the proposal.



Firm____________________________________________________________________



Signature_______________________________________________________________



Name____________________________________________________________________



Title___________________________________________________________________



Date of execution***____________________________________________________



    * Identify the proposal, request for price adjustment, or other 

submission involved, giving the appropriate identifying number (e.g., 

RFP No.).

    ** Insert the day, month, and year when price negotiations were 

concluded and price agreement was reached or, if applicable, an earlier 

date agreed upon between the parties that is as close as practicable to 

the date of agreement on price.

    *** Insert the day, month, and year of signing, which should be as 

close as practicable to the date when the price negotiations were 

concluded and the contract price was agreed to.



                          (End of certificate)



    (b) The certificate does not constitute a representation as to the 

accuracy of the contractor's judgment on the estimate f future costs or 

projections. It applies to the data upon which the judgment or estimate 

was based. This distinction between fact and judgment should be clearly 

understood. If the contractor had information reasonably available at 

the time of agreement showing that the negotiated price was not based on 

accurate, complete, and current data, the contractor's responsibility is 

not limited by any lack of personal knowledge of the information on the 

part of its negotiators.

    (c) The contracting officer and contractor are encouraged to reach a 

prior agreement on criteria for establishing closing or cutoff dates 

when appropriate in order to minimize delays associated with proposal 

updates. Closing or cutoff dates should be included as part of the data 

submitted with the proposal and, before agreement on price, data should 

be updated by the contractor to the latest closing or cutoff dates for 

which the data are available. Use of cutoff dates coinciding with 

reports is acceptable, as certain data may not be reasonably available 

before normal periodic closing dates (e.g., actual indirect costs). Data 

within the contractor's or a subcontractor's organization on matters 

significant to contractor management and to the Government will be 

treated as reasonably available. What is significant depends upon the 

circumstances of each acquisition.



[[Page 282]]



    (d) Possession of a Certificate of Current Cost or Pricing Data is 

not a substitute for examining and analyzing the contractor's proposal.

    (e) If cost or pricing data are requested by the Government and 

submitted by an offeror, but an exception is later found to apply, the 

data shall not be considered cost or pricing data and shall not be 

certified in accordance with this subsection.



[62 FR 51230, Sept. 30, 1997, as amended at 66 FR 2129, Jan. 10, 2001]