52.215-13 -- Subcontractor Certified Cost or Pricing Data – Modifications

[Jeffro59]

We want to descope a CPFF contract, which results in a negative value...($950,000)...does the absolute value of $950,000 apply under FAR 52.215-13, where we are required to obtain certified cost or pricing data to support the descope, or can we descope without the whole nine yards of effort?

[Navy_Contracting_4]

See FAR 15.403-4 Requiring certified cost or pricing data (10 U.S.C. 2306a and 41 U.S.C. 254b).

" (a)(1) The contracting officer shall obtain certified cost or pricing data only if the contracting officer concludes that none of the exceptions in 15.403-1( applies. However, if the contracting officer has reason to believe exceptional circumstances exist and has sufficient data available to determine a fair and reasonable price, then the contracting officer should consider requesting a waiver under the exception at 15.403-1((4). The threshold for obtaining certified cost or pricing data is $700,000. Unless an exception applies, certified cost or pricing data are required before accomplishing any of the following actions expected to exceed the current threshold or, in the case of existing contracts, the threshold specified in the contract:

" (i) The award of any negotiated contract (except for undefinitized actions such as letter contracts).

" (ii) The award of a subcontract at any tier, if the contractor and each higher-tier subcontractor were required to furnish certified cost or pricing data (but see waivers at 15.403-1©(4)).

" (iii) The modification of any sealed bid or negotiated contract (whether or not certified cost or pricing data were initially required) or any subcontract covered by paragraph (a)(1)(ii) of this subsection. Price adjustment amounts must consider both increases and decreases (e.g., a $200,000 modification resulting from a reduction of $500,000 and an increase of $300,000 is a pricing adjustment exceeding $700,000)" [emphasis added.]