2-34.13 Cost or Pricing Data

Cost or pricing data include all the facts affecting cost estimates and costs incurred that can be expected to significantly affect price negotiations. Cost or pricing data may also include:

Whenever price analysis or some other technique appropriate for the goods or services being purchased is insufficient to determine reasonableness of price, cost or pricing data must be obtained, and under certain circumstances the cost or pricing data that is obtained must be certified (see 2-34.14, Certification of Cost or Pricing Data), before awarding a noncompetitive contract or modification. Only the data needed to make the determination should be obtained. Before agreeing on price, the contracting officer must have the supplier update the data to the latest dates for which data are reasonably available.

The contracting officer must have suppliers obtain cost or pricing data for proposed subcontracts or subcontract modifications when needed to determine the reasonableness of a proposed contract or subcontract price (including negotiated final pricing actions such as termination settlements and total final price agreements for fixed-price incentive contracts). The supplier is responsible for conducting the price or cost analysis for subcontracts and including the results as part of its cost or pricing data. In unusual circumstances, to ensure that analysis is adequate, the contracting officer may require the supplier to submit the subcontract data along with its own data. This does not reduce the supplier’s responsibility to do the subcontract cost or price analysis and negotiate fair and reasonable subcontract prices.

If cost or pricing data are needed and the supplier refuses to provide the necessary data despite repeated requests, the contracting officer must withhold award or modification and refer the matter to the relevant portfolio manager. The ultimate disposition must be documented.

Under: Allowable Cost and Payment, suppliers must submit a final indirect-cost rate proposal to the contracting officer or contracting officer’s representative (COR) reflecting actual costs during the period, together with cost or pricing data.

Whenever cost or pricing data may be required when negotiating a contract or the subsequent modification of a contract, the contract must include: