DFARS 252.215-7010 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data. Basic (May 2024) (Current)

As prescribed in 215.408(5)(i) and (5)(i)(A), when reasonably certain that the submission of certified cost or pricing data or data other than certified cost or pricing data will be required or when using the provision at 252.215-7008—

              (i)  Use the basic or alternate of the provision at 252.215-7010, Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data, in lieu of the provision at FAR 52.215-20, Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data, in solicitations, including solicitations using FAR part 12 procedures for the acquisition of commercial products and commercial services.

                    (A)  Use the basic provision when submission of certified cost or pricing data is required to be in the FAR Table 15-2 format, or if it is anticipated, at the time of solicitation, that the submission of certified cost or pricing data may not be required.

                    (B)  Use the alternate I provision to specify a format for certified cost or pricing data other than the format required by FAR Table 15-2;
 

REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN CERTIFIED COST OR PRICING DATA—BASIC (MAY 2024)

      (a)  Definitions.   As used in this provision—

      “Market prices” means current prices that are established in the course of ordinary trade between buyers and sellers free to bargain and that can be substantiated through competition or from sources independent of the offerors.

      “Non-Government sales” means sales of the supplies or services to non-Governmental entities for purposes other than governmental purposes.

      “Relevant sales data” means information provided by an offeror on sales of the same or similar items that can be used to establish price reasonableness taking into consideration the age, volume, and nature of the transactions (including any related discounts, refunds, rebates, offsets, or other adjustments).

      “Sufficient non-Government sales” means relevant sales data that reflects market pricing and contains enough information to make adjustments covered by Federal Acquisition Regulation (FAR) 15.404-1(b)(2)(ii)(B).

      “Uncertified cost data” means the subset of “data other than certified cost or pricing data” (see FAR 2.101) that relates to cost.

      (b)  Exceptions from certified cost or pricing data.

              (1)  In lieu of submitting certified cost or pricing data, the Offeror may submit a written request for exception by submitting the information described in paragraphs (b)(1)(i) and (ii) of this provision. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted and whether the price is fair and reasonable.

                    (i)  Exception for prices set by law or regulation - Identification of the law or regulation establishing the prices offered. If the prices are controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.

                    (ii)  Commercial product or commercial service exception. For a commercial product or commercial service exception, the Offeror shall submit, at a minimum, information that is adequate for determining commerciality and evaluating the reasonableness of the price for this acquisition, including prices at which the same product or service or similar products or services have been sold in the commercial market. Such information shall include—

                            (A)  For products or services previously determined to be commercial, the contract number and military department, defense agency, or other DoD component that rendered such determination, and if available, a Government point of contact;

                            (B) For subsystems of a major weapon system and components and spare parts of a major weapon system or subsystem of a major weapon system that have not previously been determined to be commercial—

                                   (1) The comparable commercial product the Offeror sells to the general public or nongovernmental entities;

                                   (2) A comparison between the physical characteristics and functionality of the comparable commercial product and the subsystem, component, or spare part, including—

                                        (i) For products under paragraph (3)(i) of the “commercial product” definition at FAR 2.101, a description of the modification and documentation to support that the modification is customarily available in the marketplace; or

                                        (ii) For products under paragraph (3)(ii) of the “commercial product” definition at FAR 2.101, a detailed description of the modification and detailed technical data to demonstrate that the modification is minor (e.g., information on production processes and material differences); and

                                   (3) The national stock number (NSN) for the comparable commercial product, if one is assigned, and the NSN for the subsystem, component, or spare part, if one is assigned; or

                                   (4) If the Offeror does not sell a comparable commercial product to the general public or nongovernmental entities for purposes other than government purposes, the Offeror shall—

                                        (i) Notify the Contracting Officer in writing that it does not sell such a comparable product; and

                                        (ii) Provide the Contracting Officer with a comparison of the physical characteristics and functionality of the most comparable commercial product in the commercial market.

                            (C) For items priced based on a catalog—

                                    (1)  A copy of or identification of the Offeror’s current catalog showing the price for that item; and

                                    (2)  If the catalog pricing provided with this proposal is not consistent with all relevant sales data, a detailed description of differences or inconsistencies between or among the relevant sales data, the proposed price, and the catalog price (including any related discounts, refunds, rebates, offsets, or other adjustments);

                            (D)  For items priced based on market pricing, a description of the nature of the commercial market, the methodology used to establish a market price, and all relevant sales data. The description shall be adequate to permit DoD to verify the accuracy of the description;

                            (E)  For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item; or

                            (F)  For items provided by nontraditional defense contractors, a statement that the entity is not currently performing and has not performed, for at least the 1-year period preceding the solicitation of sources by DoD for the procurement or transaction, any contract or subcontract for DoD that is subject to full coverage under the cost accounting standards prescribed pursuant to 41 U.S.C. 1502 and the regulations implementing such section.

      (c)  Requirements for certified cost or pricing data.   If the Offeror is not granted an exception from the requirement to submit certified cost or pricing data, the following applies:

              (1)  The Offeror shall prepare and submit certified cost or pricing data and supporting attachments in accordance with the instructions contained in Table 15-2 of FAR 15.408, which is incorporated by reference with the same force and effect as though it were inserted here in full text. The instructions in Table 15-2 are incorporated as a mandatory format to be used in any resultant contract, unless the Contracting Officer and the Offeror agree to a different format and change this provision to use Alternate I.

              (2)  As soon as practicable after agreement on price, but before contract award (except for unpriced actions such as letter contracts), the Offeror shall submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR 15.406-2.

              (3)  The Offeror is responsible for determining whether a subcontractor qualifies for an exception from the requirement for submission of certified cost or pricing data on the basis of adequate price competition, i.e., two or more responsible offerors, competing independently, submit priced offers that satisfy the Government's expressed requirement in accordance with FAR 15.403-1(c)(1)(ii).

      (d)  Requirements for data other than certified cost or pricing data.

              (1)  Data other than certified cost or pricing data submitted in accordance with this provision shall include the minimum information necessary to permit a determination that the proposed price is fair and reasonable, to include the requirements in Defense Federal Acquisition Regulation Supplement (DFARS) 215.402(a)(i) and , 215.404-1(b), and 234.7002(e).

              (2)  In cases in which uncertified cost data is required, the information shall be provided in the form in which it is regularly maintained by the Offeror or prospective subcontractor in its business operations.

              (3)  If the Offeror redacts data that identifies the customer (see DFARS 234.7002(e)(2)), then the Offeror shall include, for each sale, the following signed statement with the data submitted:

“By submission of this data, the Offeror [Offeror insert company name] certifies that the customer was [Offeror insert one or more of the following as applicable: a government customer; a commercial customer purchasing the same or similar product for governmental purposes (e.g., Federal, state, local, or foreign government); or a commercial customer purchasing the same or similar product for a commercial, mixed, or unknown purpose].

              (4) Within 10 days of a written request from the Contracting Officer for additional information to permit an adequate evaluation of the proposed price in accordance with FAR 15.403-3 or DFARS 234.7002(e), the Offeror shall provide either the requested information, or a written explanation for the inability to fully comply.

              (5)  Subcontract price evaluation.

                    (i)  Offerors shall obtain from subcontractors the minimum information necessary to support a determination of price reasonableness, as described in FAR part 15 and DFARS part 215.

                    (ii)  No cost data may be required from a prospective subcontractor in any case in which there are sufficient non-Government sales of the same item to establish reasonableness of price.

                    (iii)  If the Offeror relies on relevant sales data for similar items to determine the price is reasonable, the Offeror shall obtain only that technical information necessary—

                            (A)  To support the conclusion that items are technically similar; and

                            (B)  To explain any technical differences that account for variances between the proposed prices and the sales data presented.

      (e)  Subcontracts. The Offeror shall insert the substance of this provision, including this paragraph (e), in subcontracts exceeding the simplified acquisition threshold defined in FAR part 2. The Offeror shall require prospective subcontractors to adhere to the requirements of—

              (1)  Paragraphs (c) and (d) of this provision for subcontracts above the threshold for submission of certified cost or pricing data in FAR 15.403-4; and

              (2)  Paragraph (d) of this provision for subcontracts exceeding the simplified acquisition threshold defined in FAR part 2.

 (End of provision)
 

  (e)  Subcontracts. The Offeror shall insert the substance of this provision, including this paragraph (e), in subcontracts exceeding the simplified acquisition threshold defined in FAR part 2. The Offeror shall require prospective subcontractors to adhere to the requirements of—

              (1)  Paragraphs (c) and (d) of this provision for subcontracts above the threshold for submission of certified cost or pricing data in FAR 15.403-4; and

              (2)  Paragraph (d) of this provision for subcontracts exceeding the simplified acquisition threshold defined in FAR part 2.
 

Mandatory;
Contracts ✖   DFARS 212.301 
⚠ =52.215-20 Basic
⚠ =52.215-20 Alt I
⚠ =52.215-20 Alt III
⚠ =52.215-20 Alt IV

52.203-16 Preventing Personal Conflicts of Interest.

52.212-3 Offeror Representations and Certifications—Commercial Items.

52.209-13 Violation of Arms Control Treaties or Agreements-Certification.

52.222-36 Equal Opportunity for Workers with Disabilities.

52.228-15 Performance and Payment Bonds—Construction.

52.212-3 Offeror Representations and Certifications—Commercial Items.

52.212-3 Offeror Representations and Certifications—Commercial Items.

52.219-6 Notice of Total Small Business Set-Aside.

52.219-7 Notice of Partial Small Business Set-Aside.

52.212-3 Offeror Representations and Certifications-Commercial Items.

52.209-13 Violation of Arms Control Treaties or Agreements-Certification.

52.212-3 Offeror Representations and Certifications-Commercial Items.

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns.

52.219-6 Notice of Total Small Business Set-Aside.

52.219-18 Notification of Competition Limited to Eligible 8(a) Concerns

52.209-13 Violation of Arms Control Treaties or Agreements-Certification.

52.212-3 Offeror Representations and Certifications-Commercial Items.

52.225-7 Waiver of Buy American Statute for Civil Aircraft and Related Articles.

52.228-15 Performance and Payment Bonds-Construction.

52.234-4 Earned Value Management System.

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns.

52.219-7 Notice of Partial Small Business Set-Aside.

52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services.

52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services.

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns.

52.219-18 Notification of Competition Limited to Eligible 8(a) Participants.

52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services.

52.237-9 Waiver of Limitation on Severance Payments to Foreign Nationals.

52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services.

52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services.

52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services.

52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services.

252.225-7019 Restriction on Acquisition of Anchor and Mooring Chain.

252.225-7037 Evaluation of Offers for Air Circuit Breakers.

252.225-7062 Restriction on Acquisition of Large Medium-Speed Diesel Engines.

252.247-7023 Transportation of Supplies by Sea.

252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense Contract-Related Felonies.

252.225-7016 Restriction on Acquisition of Ball and Roller Bearings.

252.247-7023 Transportation of Supplies by Sea.

252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies.

252.225-7037 Evaluation of Offers for Air Circuit Breakers.

752.231-71 Salary supplements for HG employees.

952.250-70 Nuclear hazards indemnity agreement.

952.227-84 Notice of right to request patent waiver.

52.203-16 Preventing Personal Conflicts of Interest.

52.209-3 First Article Approval-Contractor Testing.

52.209-4 First Article Approval-Government Testing.

52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services.

52.215-17 Waiver of Facilities Capital Cost of Money.

52.219-18 Notification of Competition Limited to Eligible 8(a) Participants.

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns..

52.219-6 Notice of Total Small Business Set-Aside.

52.219-7 Notice of Partial Small Business Set-Aside.

52.222-36 Equal Opportunity for Workers with Disabilities.

52.225-7 Waiver of Buy American Statute for Civil Aircraft and Related Articles.

52.227-5 Waiver of Indemnity.

52.228-15 Performance and Payment Bonds-Construction.

52.228-4 Workers’ Compensation and War-Hazard Insurance Overseas.

52.232-12 Advance Payments.

52.234-4 Earned Value Management System.

52.237-8 Restriction on Severance Payments to Foreign Nationals.

52.237-9 Waiver of Limitation on Severance Payments to Foreign Nationals.

52.209-13 Violation of Arms Control Treaties or Agreements-Certification.

252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies.

252.225-7016 Restriction on Acquisition of Ball and Roller Bearings.

252.225-7019 Restriction on Acquisition of Anchor and Mooring Chain.

252.225-7032 Waiver of United Kingdom Levies-Evaluation of Offers.

252.225-7033 Waiver of United Kingdom Levies.

252.242-7005 Contractor Business Systems.

252.247-7023 Transportation of Supplies by Sea.

252.225-7062 Restriction on Acquisition of Large Medium-Speed Diesel Engines.

252.209-7011 Representation for Restriction on the Use of Certain Institutions of Higher Education.

252.225-7063 Restriction on Acquisition of Components of T-AO 205 and T-ARC Class Vessels.

252.225-7064 Restriction On Acquisition of Certain Satellite Components.

252.270-7001 Pilot Program to Incentivize Contracting with Employee-Owned Businesses—Subcontracting Certification.

252.270-7002 Pilot Program to Incentivize Contracting with Employee-Owned Businesses.

1852.204-76 Security Requirements for Unclassified Information Technology Resources.

1852.227-70 New Technology-Other than a Small Business Firm or Nonprofit Organization.

1852.227-71 Requests for Waiver of Rights to Inventions.

1852.227-88 Government-furnished computer software and related technical data.

1852.228-76 Cross-Waiver of Liability for International Space Station Activities.

1852.228-78 Cross-Waiver of Liability for Science or Space Exploration Activities Unrelated to the International Space Station.

1852.234-2 Earned Value Management System.

1852.245-78 Physical inventory of capital personal property

5252.209-9510 ORGANIZATIONAL CONFLICTS OF INTEREST (SERVICES) (NAVAIR)(MAR 2007)

5252.204-9503 Expediting Contract Closeout (NAVAIR)

5252.209-9513 ORGANIZATIONAL CONFLICT OF INTEREST INSTRUCTIONS (SERVICES) (NAVAIR)

3052.209-70 Prohibition on contracts with corporate expatriates

5152.225-5902 Fitness for Duty and Medical/Dental Care Limitations

652.228-71 Worker’s Compensation Insurance (Defense Base Act) - Services.

752.231-71 Salary supplements for HG employees.

952.209-72 Organizational conflicts of interest.

952.227-84 Notice of right to request patent waiver.

952.250-70 Nuclear hazards indemnity agreement.

952.227-13 Patent rights—acquisition by the Government.

970.5227-9 Notice of Right To Request Patent Waiver

970.5227-10 Patent rights—management and operating contracts, nonprofit organization or small business firm contractor.

970.5227-12 Patent rights-management and operating contracts, for-profit contractor, patent waiver.

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