3 AAC 109.560 - Cost principles and contractor cost and pricing data
(a) Before an award
of a non-competitive contract or a change order or contract modification, the
contractor or prospective contractor shall submit cost and pricing data. The
contractor or prospective contractor shall certify that, to the best of the
contractor's or prospective contractor's knowledge and belief, the data
submitted is accurate, complete, and current as of a mutually determined
specified date and will continue to be accurate and complete during the
performance of the contract.
(b)
When a contractor becomes aware of a situation that may form the basis of a
claim for compensation that exceeds the amount designated as the base amount of
the contract and before performing additional work or supplying additional
materials, the contractor shall submit cost and pricing data on the additional
work or materials. The contractor shall certify that, to the best of the
contractor's knowledge and belief, the data submitted is accurate, complete,
and current and is the actual cost to the contractor of performing the
additional work or supplying the additional materials.
(c) A contract. change order, or contract
modification under which a certification is required under (a) or (b) of this
section must contain a provision that the contract price including the
contractor's profit or fee, will be adjusted to exclude any significant sums by
which the procurement officer finds that the price is increased because the
cost or pricing data furnished by the contractor or prospective contractor is
inaccurate, incomplete, or not current as of the date agreed upon by the
parties.
(d) The requirements of
(a) of this section do not apply when
(1) the
contract price is based on adequate price competition obtained through a
competitive solicitation;
(2) the
contract price is set by law or regulation; or
(3) the chief procurement officer determines
in writing that the requirements of (a) of this section may be waived and the
reasons for waiver are stated.
(e) The procurement officer may use the
federal cost principles as guidance in contract negotiations.
Notes
Authority:AS 44.83.080
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