§ 102-392. Cost or pricing data.

(a)

Submissions relating to award of contracts.

(1)

Required. A prospective contractor shall submit cost or pricing data when the contract is expected to exceed $2,499.99; for all procurements and contract modifications.

(2)

Exceptions. The submission of cost or pricing data relating to the award of a contract is not required when:

a.

The contract price is based on adequate price competition as determined by the purchasing agent;

b.

The contract price is set by law or regulation; or

c.

It is determined in writing by the purchasing agent that the requirements of subsection (a)(1) of this section may be waived.

(b)

Submissions relating to change orders or contract modifications.

(1)

Required. A contractor shall submit cost or pricing data prior to the pricing of any change order or contract modification, including adjustments to contracts awarded by competitive sealed bidding, whether or not cost or pricing data was required in connection with the initial solicitation.

(2)

Exceptions. The submission of cost or pricing data relating to the pricing of a change order or contract modification is not required when:

a.

Unrelated and separately priced adjustments for which cost or pricing data would not be required are consolidated for administrative convenience; or

b.

It is determined in writing by the purchasing agent that the requirements of subsection (b)(1) of this section may be waived and the determination states the reasons for such waiver.

(c)

Verification required. A contractor required to submit cost or pricing data in accordance with this section shall verify that, to the best of the contractor's knowledge and belief, the cost or pricing data submitted was accurate, complete and current as of the date it was submitted.

(d)

Price adjustment provision required. Any contract award, change order or contract modification under which the submission and verification of cost or pricing data are required shall contain a provision stating that the price to the county, including a profit or fee, shall be adjusted to exclude any costs found by the county to have been increased because the contractor furnished cost or pricing data was inaccurate, incomplete or not current as of the date it was submitted.

(Res. No. 13-0052, 1-23-13)