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  • Question

    Is an 8a direct award required to provide a certificate for cost and pricing data if they are receiving a direct award above the SAP threshold, approximately 3M a year for the base and for each option year; near $15M? Thank you


    Answer

    Through clarifications with you, you stated that it was a sole-source contract for a base and 4 option years. The contract will be for $3 million a year and will total $15 million for 5 years.

    The answer to your question is found in FAR 19.806 (a).  FAR 19.806(a) states “The contracting officer shall price the 8(a) contract in accordance with subpart  15.4. If required by subpart  15.4, the SBA shall obtain certified cost or pricing data from the 8(a) contractor. If the SBA requests audit assistance to determine the proposed price to be fair and reasonable in a sole source acquisition, the contracting activity shall furnish it to the extent it is available.”

    In looking at FAR 15.403-1, none of the exceptions apply. So the answer is yes, Cost or Pricing Data shall be obtained.

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