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    Question 1 - We are currently in the review process of the J&A and have a question on Certified Cost Pricing. Does a Ceiling Increase need Certified Cost and Pricing Data if - The cost/price history was used to develop an Independent Government Estimate. The current cost/price history will be utilized for making the fair and reasonable cost/price determination. The determination of a fair and reasonable cost for the requirement will be based on the evaluated/negotiated rates for FY21 which were established when the contract was awarded. The contractor has agreed to maintain the FY21 negotiated rates for this ceiling increase therefore Certified Cost or Pricing Data will not be required for this acquisition. Question 2 - The closest FAR reference that I could find that supports the statement above is FAR part 15.403-1(c)(4) but my team and I feel that we do not need a waiver due to the fact that Certified Cost and Pricing Data was attained when the contract was awarded. Is there a better FAR reference to support the paragraph above?


    Answer

    Thank you for the excellent summary of this action. The description indicates a contract modification is being worked for a scope increase on the contract. FAR 15.403-4(a)(1)(iii) lets us know that certified cost or pricing data is required for modifications, regardless if it was initially required for contract award. So if your modification exceeds the threshold and does not have adequate price competition, does not have pricing set by law or regulation and is not commercial, then the only way to not request certified cost or pricing data is by requesting a waiver from the HCA.

     

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