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<br />-~ " <br />;) " i '-\: <br />par;:'18 <br /> <br />required, furnished incomplete or inaccurate cast or <br />pricing data or data not cu,nent ~s. of the date ofl <br />execution of his Contractor s CertIfIcate of Current. <br />Cost Df Pricing Data, then such price shall :.be <br />reduced accordingly and the contract shall be <br />modified in writing to reflect such reduction. <br /> <br />(Note: Since the contract is subject to reduction <br />under this paragraph by reason of defective cost or <br />pricing data submitted in connection with certain <br />subcontracts, it is expected that the contractor may <br />wish to include a paragraph in each such <br />subcontract requiring the subcontractor to <br />appropriately indemnify the contractor. It is also <br />expected that any subcontractor subject to suctl <br />indemnification will generally require substantially <br />similar indemnification for defective cost or pricing <br />data required to be submitted by his lower tier <br />subcontractors.) <br /> <br />c. Failure to agree on a reduction shall be a dispute <br />concerning a question of fact within the meaning of <br />the "Oisputes" clause of this contract. <br /> <br />16. AUDIT-PRICE ADJUSTMENTS <br /> <br />a. This paragraph shall become operative only with <br />respect to any change or other modification of this <br />contract which involves a price adjustment in excess <br />of $100,000 unless the price adjustment is based on <br />adequate price competition, established catalog or <br />~arket prices of commercial items sold in <br />substantial quantities to the general public, or prices <br />set by law or regulation. <br /> <br />b. For purposes of verifying that certified cost or <br />pricing data submitted in conjunction with such a <br />contract change or other modification were <br />accurate, complete, and current, the contracting <br />officer. the Comptroller General of the United <br />States, or any authorized representatives shall until <br />the expiration of 3 years from the date of final <br />payment under this contract, or of the time periods <br />for the particular records specified in Part 1-20 of <br />the Federal Procurement Regulations (41 CFR Part <br />1-20), whichever expires earlier have the right to <br />examine those books, records documents, papers" <br />and other supporting data which involve <br />transactions related to this contract or which will <br />permit adequate evaluation of the cost or pricing <br />data submitted, along with the computations and <br />projections used therein. <br /> <br />c. The contractor agrees to insert this paragraph <br />including this Subparagraph c. in all subcontracts <br /> <br />hereunder which when entered into exceed <br />$100.000. When so inserted, changes shall be made <br />to designate the higher tier subcontractor at the <br />level involved I;IS the contracting and certifying <br />party; "to "add "of the Government prime contract" <br />lifter "contraCting officer"; and to add, at the end <br />'of Subparagraph a. above, the words, "provided that <br />the change or other modification to the subcontract <br />results from a change or other modification to the <br />Government prime contract." <br /> <br />. <br /> <br />.-1 <br /> <br />17. SUBCONTRACTOR COST AND <br />PRICING DATA-PRICE <br />ADJUSTMENTS <br /> <br />.' <br /> <br />a, Subparagraphs b. and c. of this paragraph shall <br />become operative only with respect to any change <br />or other modification made pursuant to one or <br />more provisions of this contract which involves a <br />price adjustment in excess of $100,000. The <br />requirements of this paragraph shall be limited to <br />such price adjustments. <br /> <br />b. The contractor shall require subcontractors <br />hereunder to submit in writing cost or pricing data <br />under the following circumstances: <br /> <br />(11 Prior to award of any <br />cost-reimbursement-type, time and material, <br />tabor-hour, incentive, or price-redetr:rminabJe <br />subcontract, the price of which is expected to <br />exceed $100,000; and <br /> <br />. <br /> <br />(2) Prior to award of any other subcontract, the <br />price of which is expected to exceed $100,000, <br />or to the pricing of any subcontract change or <br />oth ar modification for which the price <br />adjustment is expected to exceed $100,000, <br />where the price or price adjustment is not based <br />on adequate price competition, established <br />catalog Of market prices of commercial items <br />sold in substantial quantities to the general <br />public, or rates or prices set by law or regulation. <br /> <br />c. The contr~ctDr sh~1J require subcontractors to <br />certify that to the best of their knowledge and <br />belief the cost and pricing data submitted under <br />Subparagraph b. above are accurate, co~plete, and <br />current as of the date of the execution, which date <br />shall be as close as possible to the date of agreement <br />on the n"egotiated price of the contract <br />modification. <br /> <br />... <br /> <br />'#1 <br /> <br />d. The contractor shall insert the substance of this <br />paragraph including this Subparagraph d. in each <br /> <br />. <br /> <br />10 <br />