[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR15.406-2]

[Page 272-273]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 1--FEDERAL ACQUISITION REGULATION
 
PART 15--CONTRACTING BY NEGOTIATION--Table of Contents
 
                     Subpart 15.4--Contract Pricing
 
Sec. 15.406-2  Certificate of current cost or pricing data.

    (a) When cost or pricing data are required, the contracting officer 
must require the contractor to execute a Certificate of Current Cost or 
Pricing Data, using the format in this paragraph, and must include the 
executed certificate in the contract file.

               CERTIFICATE OF CURRENT COST OR PRICING DATA

    This is to certify that, to the best of my knowledge and belief, the 
cost or pricing data (as defined in section 2.101 of the Federal 
Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) 
submitted, either actually or by specific identification in writing, to 
the Contracting Officer or to the Contracting Officer's representative 
in support of ----* are accurate, complete, and current as of ----**. 
This certification includes the cost or pricing data supporting any 
advance agreements and forward pricing rate agreements between the 
offeror and the Government that are part of the proposal.

Firm____________________________________________________________________

Signature_______________________________________________________________

Name____________________________________________________________________

Title___________________________________________________________________

Date of execution***____________________________________________________

    * Identify the proposal, request for price adjustment, or other 
submission involved, giving the appropriate identifying number (e.g., 
RFP No.).
    ** Insert the day, month, and year when price negotiations were 
concluded and price agreement was reached or, if applicable, an earlier 
date agreed upon between the parties that is as close as practicable to 
the date of agreement on price.
    *** Insert the day, month, and year of signing, which should be as 
close as practicable to the date when the price negotiations were 
concluded and the contract price was agreed to. (End of certificate)

    (b) The certificate does not constitute a representation as to the 
accuracy of the contractor's judgment on the estimate f future costs or 
projections. It applies to the data upon which the judgment or estimate 
was based. This distinction between fact and judgment should be clearly 
understood. If the contractor had information reasonably available at 
the time of agreement showing that the negotiated price was not based on 
accurate, complete, and current data, the contractor's responsibility is 
not limited by any lack of personal knowledge of the information on the 
part of its negotiators.
    (c) The contracting officer and contractor are encouraged to reach a 
prior agreement on criteria for establishing closing or cutoff dates 
when appropriate in order to minimize delays associated with proposal 
updates. Closing or cutoff dates should be included as part of the data 
submitted with the proposal and, before agreement on price, data should 
be updated by the contractor to the latest closing or cutoff dates for 
which the data are available. Use of cutoff dates coinciding with 
reports is acceptable, as certain data may not be reasonably available 
before normal periodic closing dates (e.g., actual indirect costs). Data 
within the contractor's or a subcontractor's organization on matters 
significant to contractor management and to the Government will be 
treated as reasonably available. What is significant depends upon the 
circumstances of each acquisition.
    (d) Possession of a Certificate of Current Cost or Pricing Data is 
not a substitute for examining and analyzing the contractor's proposal.
    (e) If cost or pricing data are requested by the Government and 
submitted by an offeror, but an exception is later found to apply, the 
data shall not be considered cost or pricing data

[[Page 273]]

and shall not be certified in accordance with this subsection.

[62 FR 51230, Sept. 30, 1997, as amended at 66 FR 2129, Jan. 10, 2001]