Section R7-2-1079. Cost or Pricing Data

A.      The submission of current cost or pricing data may be required in connection with an award in situations in which analysis of the proposed price is essential to determine that the price is fair and reasonable. A contractor shall, except as provided in sub- section (C), submit current cost or pricing data and shall cer- tify that, to the best of the contractor's knowledge and belief, the cost or pricing data submitted is accurate, complete and current as of a mutually determined specified date before the date of either:

1.        The pricing of any contract awarded by competitive sealed proposals or pursuant to the sole source procure- ment authority, if the total contract price is expected to exceed $100,000.

2.        The pricing of any change order or contract modification which is expected to increase the total contract price which will then exceed $100,000.

B.       Any contract, change order or contract modification for which certified cost or pricing data is required shall contain a provi- sion that the price to the school district shall be adjusted to exclude any significant amounts by which the school district finds that the price was increased because the contractor-fur- nished cost or pricing data was inaccurate, incomplete or not current as of the date agreed on between the parties. Such adjustment by the school district may include profit or fee. The school district may reduce the contract price pursuant to R7-2- 1081.

C.      The requirements of this Section may be waived if any of the following apply:

1.        The contract price is based on adequate price competi- tion.

2.        The contract price is based on established catalog prices or market prices.

3.        Contract prices are set by law or regulation.

4.        It is determined in writing by the school district that the waiver is advantageous to the school district. The deter- mination shall include the reasons why the waiver is advantageous to the school district.

D.      When applicable, the solicitation shall include a notice that certified cost or pricing data shall be submitted.

E.       In an emergency, cost or pricing data may be submitted at a reasonable time after the contract is awarded.

F.       A copy of all determinations by the school district that pertain to the submission of cost or pricing data shall be retained in the procurement file.

Historical Note

Adopted effective December 17, 1987 (Supp. 87-4). Amended by final exempt rulemaking at 21 A.A.R. 1525, effective July 1, 2015 (Supp. 15-3).