R277-122-11. Requirements for Cost or Pricing Data

  (1) If cost or pricing data is required by Section 63G-6a-1206 or Section R33-12-601, the head of the procurement unit shall require the person who seeks a cost-based contract to submit:

  (a) factual and verifiable information related to the contractor's estimated cost for completing a project on:

  (i) the date the contract is signed by both parties; or

  (ii) an earlier date agreed to by both parties that is:

  (A) as close as practicable to the date described in Subsection (1)(a)(i); and

  (B) before prudent buyers and sellers would reasonably expect price negotiations to be affected significantly; and

  (b) underlying data related to a contractor's estimate that can be reasonably expected to contribute to the soundness of estimates of future costs and the validity of determinations of costs already incurred, including:

  (i) vendor quotations;

  (ii) nonrecurring costs;

  (iii) information on changes in production methods and in production or purchasing volume;

  (iv) data supporting projections of business prospects and objectives and related operations costs;

  (v) unit-cost trends such as those associated with labor efficiency;

  (vi) make-or-buy decisions;

  (vii) estimated resources to attain business goals; or

  (viii) information on management decisions that could have a significant bearing on costs.

  (2) Submission of certified cost or pricing data applies to contracts of $50,000.00 or greater if the contract price is not established by:

  (a) adequate price competition;

  (b) established catalogue or market prices; or

  (c) law or regulation.