§ 12-3-601 — Cost or pricing data

(a) A contractor who makes a contract with the state under this chapter shall, except as provided in subsection (c), submit cost or pricing data, and shall certify that, to the best of its knowledge and belief, the cost of 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 sole source procurement authority pursuant to § 12-3-504 , where the total contract price is expected to exceed an amount established by the procurement commission; or (2) The pricing of any change order or contract modification which is expected to exceed an amount established by the procurement commission. (b) 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 state 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) The requirements of this section need not be applied to contracts when: (1) The contract price is based on adequate price competition; (2) The contract price is based on established catalogue prices or market prices; (3) Contract prices are set by law or regulation; or (4) It is determined in writing in accordance with regulations promulgated by the procurement commission that the requirements of this section may be waived, and the reasons for such waiver are stated in writing.

Legislative History

Amended by 2013 Tenn. Acts, ch. 403,s 35, eff. 7/1/2013. Acts 1978, ch. 655, § 1; T.C.A., §§ 12-1101, 12-3-301.