A. Required Submissions Relating To The Award Of Contracts: A prospective contractor shall submit cost or pricing data when the agreement is expected to exceed one hundred thousand dollars ($100,000.00) and is to be awarded by competitive sealed proposals (section 3.10.090, "Competitive Sealed Proposals", of this chapter), or by sole source procurement authority (section 3.10.130, "Sole Source Procurement", of this chapter).
B. Exceptions: The submission of cost or pricing data relating to the award of an agreement is not required when:
1. The agreement price is based on adequate price competition;
2. The agreement price is based on established catalog prices or market prices;
3. The agreement price is set by law or regulation; or
4. It is determined in writing by the Purchasing Agent, or designee, that the requirements of subsection A, "Required Submissions Relating To The Award Of Contracts", of this section, may be waived, and the determination states the reasons for such waiver.
C. Required Submissions Relating To Change Orders Or Agreement Modifications: A contractor shall submit cost or pricing data prior to the pricing of any change order or agreement modification, including adjustments to agreements awarded by competitive sealed bidding, whether or not cost or pricing data was required in connection with the initial pricing of the agreement, when the change or modification involves aggregate increases or aggregate decreases in costs plus applicable profits that are expected to exceed one hundred thousand dollars ($100,000.00).
D. Exceptions: The submission of cost or pricing data relating to the pricing of a change order or agreement modification is not required when:
1. Unrelated and separately priced adjustments for which cost or pricing data would not be required are consolidated for administrative convenience; or
2. It is determined in writing by the Purchasing Agent, or designee, that the requirements of subsection C, "Required Submissions Relating To Change Orders Or Agreement Modifications", of this section, may be waived, and the determination states the reasons for such waiver.
E. 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 agreement or the pricing of the change order or agreement modification.
F. Price Adjustment Provision Required: Any agreement award, change order, or agreement modification under which the submission and certification of cost or pricing data are required shall contain a provision stating that the price to the City, including profit or fee, shall be adjusted to exclude any significant sums by which the City 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 City and the contractor. (Ord. 17-14)