Louisiana Revised Statutes 39:1608 – Cost or pricing data
Terms Used In Louisiana Revised Statutes 39:1608
- Change order: means a written order signed by the procurement officer, directing the contractor to make changes which the contract authorizes the procurement officer to order without the consent of the contractor. See Louisiana Revised Statutes 39:1556
- Competitive sealed bidding: means the receipt of bids protected from inspection prior to bid opening. See Louisiana Revised Statutes 39:1556
- Contract: A legal written agreement that becomes binding when signed.
- Contract: means all types of state agreements, regardless of what they may be called, including orders and documents purporting to represent grants, which are for the purchase or disposal of supplies, services, major repairs, or any other item. See Louisiana Revised Statutes 39:1556
- Contract modification: means any written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity, or other provisions of any contract accomplished by mutual action of the parties to the contract. See Louisiana Revised Statutes 39:1556
- Contractor: means any person having a contract with a governmental body. See Louisiana Revised Statutes 39:1556
- Data: means recorded information, regardless of form or characteristic. See Louisiana Revised Statutes 39:1556
- Established catalog price: means the price included in a catalog, price list, schedule, or other form that:
(a) Is regularly maintained by a manufacturer or contractor. See Louisiana Revised Statutes 39:1556
- in writing: means the product of any method of forming characters on paper, other materials, or viewable screen, which can be read, retrieved, and reproduced, including information that is electronically transmitted and stored. See Louisiana Revised Statutes 39:1556
- Procurement: means the buying, purchasing, renting, leasing, or otherwise obtaining any supplies, services, or major repairs. See Louisiana Revised Statutes 39:1556
A. Contractor certification. A contractor shall 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) Pricing of any contract awarded by other than competitive sealed bidding, as provided in La. Rev. Stat. 39:1594, or small purchase procedures, as provided in La. Rev. Stat. 39:1596, where the total contract price is expected to exceed an amount established by regulations; or
(2) Pricing of any change order or contract modification which is expected to exceed an amount established by 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 the state, including profit or fee, shall be adjusted to exclude any significant sums by which the procurement officer 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.
C. Cost or pricing data not required. The requirements of this Section need not be applied to contracts:
(1) Where the contract price is based on adequate price competition.
(2) Where the contract price is based on an established catalog price or market prices established by an analysis of commercial items sold to the general public.
(3) Where contract prices are set by law or regulation.
(4) In exceptional cases where it is determined in writing in accordance with regulations that the requirements of this Section may be waived, and the reasons for such waiver are stated in writing.
Acts 2008, No. 598, §2, eff. July 1, 2008; Acts 2009, No. 433, §2; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.