1. (1) For contracts that expressly allow price adjustments, cost or pricing data shall be required in support of a proposal leading to the adjustment of any contract pricing.

2. (2) Cost or pricing data exceptions:

   1. (a) need not be submitted when the terms of the contract state established market indices, catalog prices or other benchmarks are used as the basis for contract price adjustments or when prices are set by law or rule;
   2. (b) if a contractor submits a price adjustment higher than established market indices, catalog prices or other benchmarks established in the contract, the director may request additional cost or pricing data; or
   3. (c) the director may waive the requirement for cost or pricing data provided a written determination is made supporting the reasons for the waiver. A copy of the determination shall be kept in the contract file.

KEY: contracts, procurement, public buildings

Date of Last Change: August 8, 2024

Notice of Continuation: January 10, 2022

Authorizing, and Implemented or Interpreted Law: 63A-5b-305; 63G-2-101 et seq.; 63G-6a-101 et seq.