Utah Admin. Code R354-8-106 - Rules to Determine Allowable Incurred Costs - Required Information
(1)
(a) The
Procurement Officer may, by policy, establish the cost principles to be
included in a cost-reimbursement Contract to determine incurred costs to
calculate a reimbursement.
(b) The
cost principles established by rule under Subsection (1)(a) may be modified, by
Contract, if the Procurement Official approves the modification.
(2) Except as provided in
Subsection (5), a person who seeks to be, or is, a party in a cost-based
Contract with the CRAU shall:
(a) submit cost
or pricing data relating to determining the cost or pricing amount;
and
(b) certify that, to the best
of the Contractor's knowledge and belief, the cost or pricing data submitted is
accurate and complete as of the date specified by the CRAU.
(3) The Procurement Official shall
ensure that the date specified under Subsection (2)(b) is before:
(a) the pricing of any Contract awarded by a
Standard Procurement Process or pursuant to a Sole Source Procurement, if the
total Contract price is expected to exceed $100,000; or
(b) the pricing of any change order that is
expected to exceed 20% of the original Contract amount.
(4) A Contract or change order that requires
a certification described in Subsection (2) shall include a provision that the
price to the CRAU, including profit or fee, shall be adjusted to exclude any
significant sums by which the CRAU finds that the price was increased because
the Contractor provided cost or pricing data that was inaccurate, incomplete,
or not current as of the date specified by the Procurement Official.
(5) The CRAU is not required to comply with
Subsection (2) if:
(a) the Contract price is
based on adequate price competition;
(b) the Contract price is based on
established catalogue prices or market prices;
(c) the Contract price is set by law or rule;
or
(d) the Procurement states, in
writing:
(i) that, in accordance with a policy
established by the Procurement Officer, the requirements of Subsection (2) may
be waived; and
(ii) the reasons for
the waiver.
Notes
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