16.12.080 Cost or pricing data.
A. A prospective contractor shall, except as provided in subsection (B) 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 by competitive sealed proposals, by sole source procurement authority, or for architectural and engineering services; or
2. The pricing of any change order or contract modification expected to exceed $5,000.
B. The submission of cost or pricing data is not required where:
1. The contract price is based on adequate price competition;
2. The contract price is set by law or regulation;
3. It is determined in writing by the Chief Procurement Officer that the requirements of this section may be waived, and the determination states the reasons for such waiver;
4. The contract is not expected to exceed $5,000;
5. The contract price is based on established catalogue prices or market prices; or
6. Unrelated and separately priced adjustments for which cost or pricing data would not be required are consolidated for administrative convenience.
C. Any contract award, change order, or contract modification under which the submission and certification of cost or pricing data are required shall contain a provision stating that the price to the Borough, including profit or fee, shall be adjusted to exclude any significant sums by which the Borough 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 Borough and the contractor. (Ord. 2022-27 § 3, 2022; Ord. 2002-29 § 16, 2002; Ord. 89-091 §§ 2, 3, 1989; Ord. 82-69, 1982. 2004 Code § 16.30.080.)