New task orders awarded regularly against the single award IDIQ contract, orders are over the threshold for CCPD. Is a certificate required for each new delivery order? Why or Why not? Please provide regulatory/statutory languages to support the answer. What is the exception for not requiring CCPD?
The key factors I’ve gleaned from your scenario are: Competitively awarded; single contractor awarded contract; it is a services contract (task orders). Therefore, I assume that the rates for those services have been competitively established and you are applying these rates to the contract tasks that you are requiring in the task order. Given this is all true, CCPD is not required even though the task orders exceed the $700,000 CCPD threshold--you established these rates competitively. The driving factor for the price of the task order exceeding the CCPD threshold is the accumulation of the quantity—not the uncertainty of price. FAR 15.403-1(c)(1). Please also look for any special contract terms and conditions that my drive the pricing of orders.
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If you are buying something else, or you are negotiating prices, or adding requirements, and the prices were not set at the time of award, I would say that you are covered by FAR 15.403-4(a)(1)(iii), as follows:
15.403-4 Requiring certified cost or pricing data (10 U.S.C. 2306a and 41 U.S.C. 254b).
(a)(1) The contracting officer shall obtain certified cost or pricing data only if the contracting officer concludes that none of the exceptions in 15.403-1 <https://www.acquisition.gov/far/current/html/Subpart 15_4.html#wp1208385> (b) applies. However, if the contracting officer has reason to believe exceptional circumstances exist and has sufficient data available to determine a fair and reasonable price, then the contracting officer should consider requesting a waiver under the exception at 15.403-1 <https://www.acquisition.gov/far/current/html/Subpart 15_4.html#wp1208385> (b)(4). The threshold for obtaining certified cost or pricing data is $700,000. Unless an exception applies, certified cost or pricing data are required before accomplishing any of the following actions expected to exceed the current threshold or, in the case of existing contracts, the threshold specified in the contract:
(i) The award of any negotiated contract (except for undefinitized actions such as letter contracts).
(ii) The award of a subcontract at any tier, if the contractor and each higher-tier subcontractor were required to furnish certified cost or pricing data (but see waivers at 15.403-1 <https://www.acquisition.gov/far/current/html/Subpart 15_4.html#wp1208385> (c)(4)).
(iii) The modification of any sealed bid or negotiated contract (whether or not certified cost or pricing data were initially required) or any subcontract covered by paragraph (a)(1)(ii) of this subsection. Price adjustment amounts must consider both increases and decreases (e.g., a $200,000 modification resulting from a reduction of $500,000 and an increase of $300,000 is a pricing adjustment exceeding $700,000). This requirement does not apply when unrelated and separately priced changes for which certified cost or pricing data would not otherwise be required are included for administrative convenience in the same modification. Negotiated final pricing actions (such as termination settlements and total final price agreements for fixed-price incentive and redeterminable contracts) are contract modifications requiring certified cost or pricing data if—
(A) The total final price agreement for such settlements or agreements exceeds the pertinent threshold set forth at paragraph (a)(1) of this subsection; or
(B) The partial termination settlement plus the estimate to complete the continued portion of the contract exceeds the pertinent threshold set forth at paragraph (a)(1) of this subsection (see 49.105 <https://www.acquisition.gov/far/current/html/Subpart 49_1.html#wp1085135> (c)(15)).
Prohibitions on obtaining certified cost or pricing are listed in FAR 15.403-1(b).