52.215-21 Requirements for Certified Cost or

Pricing Data and Data Other Than Certified

Cost or Pricing Data-Modifications.

As prescribed in 15.408(m), insert the following clause:

Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing DataModifications (Nov 2021)

(a) Exceptions from certified cost or pricing data.

(1) In lieu of submitting certified cost or pricing data for modifications under this contract, for price

adjustments expected to exceed the threshold set forth in Federal Acquisition Regulation (FAR)

15.403-4(a)(1) on the date of the agreement on price or the date of the award, whichever is later, the

Contractor may submit a written request for exception by submitting the information described in

paragraphs (a)(1)(i) and (ii) of this clause. 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. The Contracting Officer may require

additional supporting information, but only to the extent necessary to determine whether an

exception should be granted, and whether the price is fair and reasonable—

(i) Identification of the law or regulation establishing the price offered. If the price is controlled

under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of

the controlling document, unless it was previously submitted to the contracting office.

(ii) Information on modifications of contracts or subcontracts for commercial products or commercial

services.

(A) If—

(1) The original contract or subcontract was granted an exception from certified cost or pricing data

requirements because the price agreed upon was based on adequate price competition or prices set

by law or regulation, or was a contract or subcontract for the acquisition of a commercial product or

commercial service; and

(2) The modification (to the contract or subcontract) is not exempted based on one of these

exceptions, then the Contractor may provide information to establish that the modification would not

change the contract or subcontract from a contract or subcontract for the acquisition of a

commercial product or commercial service, to a contract or subcontract for the acquisition of other

than a commercial product or commercial service.

(B) For a commercial product and commercial service exception, the Contractor shall provide, at a

minimum, information on prices at which the same item or similar items have previously been sold

that is adequate for evaluating the reasonableness of the price of the modification. Such information

may include-
(1) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages

for the offered items, or a statement that the catalog is on file in the buying office to which the

proposal is being submitted. Provide a copy or describe current discount policies and price lists

(published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also

explain the basis of each offered price and its relationship to the established catalog price, including

how the proposed price relates to the price of recent sales in quantities similar to the proposed

quantities.

(2) For market-priced items, the source and date or period of the market quotation or other basis for

market price, the base amount, and applicable discounts. In addition, describe the nature of the

market.

(3) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof

that an exception has been granted for the schedule item.

(2) The Contractor grants the Contracting Officer or an authorized representative the right to

examine, at any time before award, books, records, documents, or other directly pertinent records to

verify any request for an exception under this clause, and the reasonableness of price. For items

priced using catalog or market prices, or law or regulation, access does not extend to cost or profit

information or other data relevant solely to the Contractor’s determination of the prices to be

offered in the catalog or marketplace.

(b) Requirements for certified cost or pricing data. If the Contractor is not granted an exception

from the requirement to submit certified cost or pricing data, the following applies:

(1) The Contractor shall submit certified cost or pricing data, data other than certified cost or

pricing data, and supporting attachments in accordance with the instructions contained in Table 

15-2 of FAR 15.408, which is incorporated by reference with the same force and effect as though it

were inserted here in full text. The instructions in Table 15-2 are incorporated as a mandatory

format to be used in this contract, unless the Contracting Officer and the Contractor agree to a

different format and change this clause to use Alternate I.

(2) As soon as practicable after agreement on price, but before award (except for unpriced actions),

the Contractor shall submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR

15.406-2.

(End of clause)

Alternate I (Oct 2010). As prescribed in 15.408 (m) and 15.403-5(b)(1), substitute the following

paragraph (b)(1) for paragraph (b)(1) of the basic clause.

(b)(1) The Contractor shall submit certified cost or pricing data, data other than certified cost or

pricing data, and supporting attachments prepared in the following format:

_________________________________ [Insert description of the data and format that are required and

include access to records necessary to permit an adequate evaluation of the proposed price in

accordance with 15.408, Table 15-2, Note 2. The description may be inserted at the time of issuing

the solicitation, or the Contracting Officer may specify that the offeror's format will be acceptable,

or the description may be inserted as the result of negotiations.]:

Alternate II (Oct 1997). As prescribed in 15.408 (m), add the following paragraph (c) to the basic

clause:
(c) When the proposal is submitted, also submit one copy each to: (1) the Administrative Contracting

Officer, and (2) the Contract Auditor.

Alternate III (Oct 1997). As prescribed in 15.408 (m), add the following paragraph (c) to the basic

clause (if Alternate II is also used, redesignate the following paragraph as paragraph (d)):

(c) Submit the cost portion of the proposal via the following electronic media: ________________ [Insert

media format]

Alternate IV (Oct 2010). As prescribed in 15.408 (m), replace the text of the basic clause with the

following:

(a) Submission of certified cost or pricing data is not required.

(b) Provide data described below:____________________________ [Insert description of the data and the

format that are required, including the access to records necessary to permit an adequate evaluation

of the proposed price in accordance with 15.403-3 .]

Parent topic: 52.215 [Reserved]