(a) Contractor Certification. A contractor shall, except as provided in Subsection (c) of this Section, submit cost or pricing data and 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 determined specified date prior to the date of:

(1) the pricing of any contract awarded pursuant to the sole source procurement authority (§ 5214) where the total contract price is expected to exceed an amount established by Policy Office regulations; or

(2) the pricing of any change order or contract modification which is expected to exceed an amount established by Policy Office regulations.

(b) Price Adjustment. Any contract, change order, or contract modification under which a certificate is required shall contain a provision that the price to Guam, including profit or fee, shall be adjusted to exclude any significant sums by which Guam 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 parties. The price shall also be adjusted to reflect the non-payment by the contractor of any taxes which would have been paid by him were it not for the exclusion provided by 11 Guam Code Ann. § 26203(k)(14) (Business Privilege Tax).

(c) Cost or Pricing Data Not Required. The requirements of this Section need not be applied to contracts:

(1) where the contract is based on adequate price competition;

(2) where the contract price is based on established catalogue prices or market prices;

(3) where contract prices are set by law or regulation; or

(4) where it is determined in writing in accordance with regulations promulgated by the Policy Office that the

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requirements of this Section may be waived, and the reasons for such waiver are stated in writing.

SOURCE: GC § 6961.2. MPC § 3-403. Amended by P.L. 29-002:VI:28 (May 18, 2007) the name, Gross Receipts Tax, changed to Business Privilege Tax.

2022 NOTE: References to “”Territory”” replaced with “”Guam”” pursuant to
1 Guam Code Ann. § 420.

COMMENT: The words “”by competitive sealed proposals (§ 5212) or”” have been deleted from this section as the section authorizing such competitive sealed proposals has been repealed from this Chapter.