(A) Required submissions relating to the award of contracts. A prospective contractor shall submit cost or pricing data when the contract is expected to exceed $100,000 and is to be awarded by competitive sealed proposal (§ 33A.031, Competitive Sealed Proposals), or by sole source procurement authority (§ 33A.034, Sole Source Procurement).
(B) Exceptions. The submission of cost or pricing data relating to the award of a contract is not required when:
(1) The contract price is based on adequate price competition;
(2) The contract price is based on established catalogue prices or market prices;
(3) The contract price is set by law or regulation; or
(4) It is determined in writing by the purchasing agent that the requirements of § 33A.038(A) (Cost or Pricing Data; Required Submissions Relating to the Award of Contracts) may be waived, and the determination states the reasons for such waiver.
(C) Required submissions relating to change orders or contract modifications. 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 pricing of the contract, when the change or modification involves aggregate increase or aggregate decreases in costs plus applicable profits that are expected to exceed $100,000.
(D) Certification required. A contractor, actual or prospective, required to submit cost or pricing data in accordance with this section, shall certify that, to the best of its knowledge and belief, the cost or pricing data submitted was accurate, complete, and current as of a mutually specified date prior to the award of the contract or the pricing of the change order or contract modification.
(E) Price adjustment provision required. Any contract award, change order, or contract modification under which the submission and certification of cost or pricing data are required shall contain a provision stating that the price to the town, including profit or fee, shall be adjusted to exclude any significant sums by which the town finds that such price was increased because the contractor-furnished cost or pricing data was inaccurate, incomplete, or not current as of the date agreed upon between the town and the contractor.
(Ord. passed 9-19-05)