Steveatus Posted November 14, 2014 Report Share Posted November 14, 2014 I have FAR 52.215-11 "Price Reduction for Defective Certified Cost or Pricing Data-Modifications" on my contract. I can see where it requires me to reduce contract price in the event of a successful defective pricing allegation. What I don't see is a contractual requirement to submit cost or pricing data for a contemplated modification in the first place. Is there a FAR clause that is typically included in contracts that I am missing that says I have to submit cost or pricing data? I believe if I receive an RFP for a contemplated modification from the customer, I have the right, absent other clauses in the contract, to decline to submit a proposal. Obviously, if I agreed to submit a proposal, the customer wouldn't proceed on the change unless I submitted cost or pricing data when appropriate. What would happen if the customer issues a Change Order? Am I contractually obligated to submit certified cost or pricing data, or am I more or less just boxed into a corner because I won't be able to secure an equitable adjustment unless I submit certified cost or pricing data? Link to comment Share on other sites More sharing options...
ji20874 Posted November 14, 2014 Report Share Posted November 14, 2014 Does your contract include the clause at FAR 52.215-21, Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data—Modifications? Link to comment Share on other sites More sharing options...
Guest Vern Edwards Posted November 15, 2014 Report Share Posted November 15, 2014 What would happen if the customer issues a Change Order? Am I contractually obligated to submit certified cost or pricing data, or am I more or less just boxed into a corner because I won't be able to secure an equitable adjustment unless I submit certified cost or pricing data? If the customer issues a change order, you must comply with the order. Then, assuming that the proper clause is in your contract for submission of certified cost or pricing data for a modification, if you request an equitable adjustment for an increase in the contract price, the CO will require that you submit certified cost or pricing data in support thereof. If the CO wants a decrease, he or she will ask for a reduction proposal and certified cost or pricing data. In such a case, refusal to comply with the CO's demand for certified cost or pricing data would be a breach of contract, i.e., a default. A smart CO would refuse your REA. Link to comment Share on other sites More sharing options...
Steveatus Posted November 17, 2014 Author Report Share Posted November 17, 2014 Thank you Vern and ji20874! You both have been very helpful. Link to comment Share on other sites More sharing options...
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