Class Deviation 2018-O0015
Threshold for Obtaining Certified Cost or Pricing Data

This class deviation rescinds and supersedes Class Deviation 2018-O0012. Effective July 1, 2018, contracting officers shall use $2 million as the threshold for obtaining certified cost or pricing data, in lieu of the threshold of $750,000 at Federal Acquisition Regulations (FAR) 15.403-4 for prime contracts entered into on or after July 1, 2018. Section 811 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2018 (Pub. L. 115-91) increases the threshold for obtaining certified cost or pricing data under 10 U.S.C. 2306a (frequently referred to as "Truth in Negotiations Act") and 41 U.S.C. 3502 from $750,000 to $2,000,000 for contracts entered into after June 30, 2018.

In the case of a change or modification made to a prime contract that was entered into before July 1, 2018, the threshold for obtaining certified cost or pricing data remains $750,000, with the following exception. Upon the request of a contractor that was required to submit certified cost or pricing data in connection with a prime contract entered into before July 1, 2018, the contracting officer shall use the clauses provided in Attachment 1 of this deviation in lieu of FAR clauses 52.215-12 and 52.215-13 to modify the contract to reflect a $2 million threshold for obtaining certified cost or pricing data for subcontracts entered into after July 1, 2018. Contracting officers shall make all such modifications without requiring consideration.

In addition, effective July 1, 2018, contracting officers shall use the provision and clauses provided in Attachment 2 of this deviation in lieu off AR clauses 52.230-1 through 52.230-5. Since 41 U.S.C. 1502(b)(l)(B) equates the cost accounting standards threshold to the threshold for obtaining certified cost or pricing data at 10 U.S.C. 2306a, this class deviation also increases the threshold for applicability of the cost accounting standards to $2 million.

This class deviation remains in effect until it is incorporated into the FAR otherwise rescinded.

Status:
Archived
Incorporated
Effective Date: July 1, 2018 (3 years ago)
Expire Date: None Given
Incorporated: August 3, 2020 (a year ago)
References: 2018-O0012
Official Documents: Memo
Official Attachments: 1
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