Section 3.100.560. 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 price to the authority, including the contractor's profit or fee, will be adjusted to exclude any significant sums by which the authority 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.  

Authorities

36.30.015;44.88.080

Notes

Reference

3 AAC 100.490
3 AAC 100.540

Authority

AS 36.30.015 AS 44.88.080 ________________________

History

Eff. 9/25/2013, Register 207