JULY 05
SOLICITATION FOR OFFERS
OUTPATIENT CLINIC
SFO NO. V101-183R-xxx-xxx-xx
[INSERT LOCATION OF FACILITY]
designee may, upon good cause shown, determine to deduct less than the above amounts
from payments.
(c)
The rights and remedies of the Government specified herein are not exclusive, and are in
addition to any other rights and remedies provided by law or under this lease.
31.
52.215-10 - PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA (OCT 1997)
(Applies when cost or pricing data are required for work or service exceeding 0,000.)
(a)
If any price, including profit or fee, negotiated in connection with this contract, or any cost
reimbursable under this contract, was increased by any significant amount because--
(1)
The Contractor or a subcontractor furnished cost or pricing data that were not
complete, accurate, and current as certified in its Certificate of Current Cost or Pricing
Data;
(2)
A subcontractor or prospective subcontractor furnished the Contractor cost or pricing
data that were not complete, accurate, and current as certified in the Contractor's
Certificate of Current Cost or Pricing Data; or
(3)
Any of these parties furnished data of any description that were not accurate, the price
or cost shall be reduced accordingly and the contract shall be modified to reflect the
reduction.
(b)
Any reduction in the contract price under paragraph (a) of this clause due to defective data
from a prospective subcontractor that was not subsequently awarded the subcontract shall be
limited to the amount, plus applicable overhead and profit markup, by which (1) the actual
subcontract or (2) the actual cost to the Contractor, if there was no subcontract, was less than
the prospective subcontract cost estimate submitted by the Contractor; provided, that the
actual subcontract price was not itself affected by defective cost or pricing data.
(c)
(1)
If the Contracting Officer determines under paragraph (a) of this clause that a price or
cost reduction should be made, the Contractor agrees not to raise the following matters
as a defense:
(i)
The Contractor or subcontractor was a sole source supplier or otherwise was in
a superior bargaining position and thus the price of the contract would not have
been modified even if accurate, complete, and current cost or pricing data had
been submitted.
(ii)
The Contracting Officer should have known that the cost or pricing data in issue
were defective even though the Contractor or subcontractor took no affirmative
action to bring the character of the data to the attention of the Contracting
Officer.
(iii)
The contract was based on an agreement about the total cost of the contract
and there was no agreement about the cost of each item procured under the
contract.
(iv)
The Contractor or subcontractor did not submit a Certificate of Current Cost or
Pricing Data.
(2)
(i)
Except as prohibited by subdivision (c)(2)(ii) of this clause, an offset in an
amount determined appropriate by the Contracting Officer based upon the facts
shall be allowed against the amount of a contract price reduction if--
(A)
The Contractor certifies to the Contracting Officer that, to the best of the
Contractor's knowledge and belief, the Contractor is entitled to the offset
in the amount requested; and
(B)
The Contractor proves that the cost or pricing data were available before
the "as of" date specified on its Certificate of Current Cost or Pricing Data,
and that the data were not submitted before such date.
(ii)
An offset shall not be allowed if--
(A)
The understated data were known by the Contractor to be understated
before the "as of" date specified on its Certificate of Current Cost or
Pricing Data; or
(B)
The Government proves that the facts demonstrate that the contract price
would not have increased in the amount to be offset even if the available
data had been submitted before the "as of" date specified on its Certificate
of Current Cost or Pricing Data.
(d)
If any reduction in the contract price under this clause reduces the price of items for which
payment was made prior to the date of the modification reflecting the price reduction, the
Part IX Forms
Lessor __________ Gov't. __________
__________ of __________ Pages
GENERAL CLAUSES (Form 3517B)
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