52.214-28 Subcontractor Certified Cost or

Pricing Data-Modifications-Sealed Bidding.

As prescribed in 14.201-7(c)(1)(i), insert the following clause in solicitations and contracts:

Subcontractor Certified Cost or Pricing Data-Modifications-Sealed Bidding (Jun 2020)

(a) The requirements of paragraphs (b) and (c) of this clause shall-

(1) Become operative only for any modification to this contract involving aggregate increases and/or

decreases in costs, plus applicable profits, expected to exceed the threshold for submission of

certified cost or pricing data in Federal Acquisition Regulation (FAR) 15.403-4(a)(1) on the date of

execution of the modification; and

(2) Be limited to such modifications.

(b) Before awarding any subcontract expected to exceed the threshold for submission of certified

cost or pricing data in FAR 15.403-4(a)(1), on the date of agreement on price or the date of award,

whichever is later, or before pricing any subcontract modifications involving aggregate increases

and/or decreases in costs, plus applicable profits, expected to exceed the threshold for submission of

certified cost or pricing data in FAR 15.403-4(a)(1), the Contractor shall require the subcontractor to

submit certified cost or pricing data (actually or by specific identification in writing), as part of the

subcontractor’s proposal in accordance with FAR 15.408, Table 15-2 (to include any information

reasonably required to explain the subcontractor’s estimating process such as the judgmental

factors applied and the mathematical or other methods used in the estimate, including those used in

projecting from known data, and the nature and amount of any contingencies included in the price),

unless an exception under FAR 15.403-1(b) applies. If the threshold for submission of certified cost

or pricing data specified in FAR 15.403-4(a)(1) is adjusted for inflation as set forth in FAR 1.109(a),

then pursuant to FAR 1.109(d) the changed threshold applies throughout the remaining term of the

contract, unless there is a subsequent threshold adjustment.

(c) The Contractor shall require the subcontractor to certify in substantially the form prescribed in

FAR subsection 15.406-2 that, to the best of its knowledge and belief, the data submitted under

paragraph (b) of this clause were accurate, complete, and current as of the date of agreement on the

negotiated price of the subcontract or subcontract modification.

(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in each

subcontract that, when entered into, exceeds the threshold for submission of certified cost or pricing

data in FAR 15.403-4(a)(1).

(End of clause)

Alternate I (Aug 2020). As prescribed in 14.201-7(c)(1)(ii), substitute the following paragraph (b) in

place of paragraph (b) of the basic clause:

(b) Unless an exception under FAR 15.403-1(b) applies, the Contractor shall require the

subcontractor to submit certified cost or pricing data (actually or by specific identification in

writing), as part of the subcontractor's proposal in accordance with FAR 15.408, Table 15-2 (to

include any information reasonably required to explain the subcontractor's estimating process such
as the judgmental factors applied and the mathematical or other methods used in the estimate,

including those used in projecting from known data, and the nature and amount of any contingencies

included in the price)—

(1) Before modifying any subcontract that was awarded prior to July 1, 2018, involving a pricing

adjustment expected to exceed $750,000; or

(2) Before awarding any subcontract expected to exceed $2 million on or after July 1, 2018, or

modifying any subcontract that was awarded on or after July 1, 2018, involving a pricing adjustment

expected to exceed $2 million.

Parent topic: 52.214 [Reserved]