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Can modification prices be based on the adequate price competition of the contract (15.403-1(b)(1))?
Chase Cooper posted a topic in Contract AdministrationSituation: I am modifying a contract to descope some work that is no longer required by the government. The descoped work is individually priced in the contract and the prices were determined fair and reasonable based on adequate price competition. The value of the modification is over the TINA threshold. Question: Am I required to obtain certified cost and pricing data? FAR 15.403-1(b)(1) prohibits obtaining certified cost and pricing data when the CO determines that the the prices are based on adequate price competition. I would argue that, since the modification prices are based on the contract's competed prices, the modification prices are also based on adequate price competition. The counterargument is that the prices cannot be based on adequate price competition since the modification is inherently sole source. Which view is correct? Is there guidance to support either side?