Section 80IAC1-6-3. Submission of cost or pricing data; exceptions

   (a) Except as provided in subsection (c), a contractor shall do the following:

(1) Submit cost or pricing data.

(2) Certify that, to the best of its knowledge and belief, the cost or pricing data submitted is accurate, complete, and current as of a mutually determined specified date prior to the date of either of the following:

(A) The pricing of any contract awarded under 80 IAC 1-5 by competitive sealed proposals concerning the sole source procurement authority, where the total contract price is expected to exceed an amount established by procurement department rules.

(B) The pricing of any change order or contract modification which is expected to exceed an amount established by procurement department rules.

  (b) Any contract, change order, or contract modification under which a certificate is required under subsection (a) must contain a provision that the total contract price, including any profit or fee, shall be adjusted to exclude any significant price increase due to inaccurate, incomplete, or outdated cost or pricing data furnished by the contractor as of the date agreed upon between the parties.

  (c) The requirements of subsections (a) and (b) do not apply to contracts:

(1) whenever the contract price is based on adequate price competition;

(2) whenever the contract price is based on established catalog prices or market price;

(3) whenever contract prices are set by law or rule; or

(4) whenever it is determined that the requirements of subsections (a) through (b) may be waived, and the reasons for the waiver are stated in writing.

(State Fair Commission; 80 IAC 1-6-3; filed Nov 27, 1991, 2:00 p.m.: 15 IR 441; readopted filed Sep 11, 2001, 2:45 p.m.: 25 IR 528; readopted filed Oct 4, 2007, 10:29 a.m.: 20071024-IR-080070451RFA; readopted filed Sep 18, 2013, 2:12 p.m.: 20131016-IR-080130242RFA)