§103D-312 - Cost or pricing data.

§103D-312 Cost or pricing data. (a) A
contractor, except as provided in subsection (c), shall submit cost or pricing
data and shall certify 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 prior to the date of:

(1) The pricing of any contract awarded by
competitive sealed proposals or pursuant to the sole source procurement
authority, where the total contract amount is expected to exceed an amount
established by rules adopted by the policy board; or

(2) The pricing of any change order or contract
modification that is expected to exceed an amount established by rules adopted
by the policy board.

(b) Any contract, change order, or contract
modification under which a certificate is required shall contain a provision
that the price to the State, including profit or fee, shall be adjusted to
exclude any significant sums by which the State finds that the price was
increased because the contractor furnished cost or pricing data that was
inaccurate, incomplete, or not current as of the date agreed upon between the
parties.

(1) Where the contract price is based on adequate
price competition;

(2) Where the contract price is based on established
catalog prices or market prices;

(3) Where the contract prices are set by law or rule;
or

(4) Where it is determined in writing in accordance
with rules adopted by the policy board that the requirements of this section
may be waived, and the reasons for the waiver are stated in writing. [L Sp
1993, c 8, pt of §2; am L 1997, c 352, §23]