Rhode Island Code of Regulations
Title 220 - Department of Administration
Chapter 30 - Purchases
Subchapter 00 - N/A
Part 6 - Negotiation
Section 220-RICR-30-00-6.5 - Truth in Negotiation Requirements - Cost or Pricing Data

Universal Citation: 220 RI Code of Rules 30 00 6.5

Current through September 18, 2024

A. Under R.I. Gen. Laws § 37-2-28(a), a contractor shall submit cost or pricing data and shall certify that, to the best of his knowledge and belief, the cost or pricing data submitted were accurate, complete, and current as of a mutually determined specified date prior to the date of:

1. The pricing of any negotiated contract where the total contract price is expected to exceed fifty thousand dollars ($50,000.00); or

2. The pricing of any change order or contract modification which is expected to exceed twenty-five thousand dollars ($25,000.00), or such lesser amount in either instance as may be prescribed by the Purchasing Agent and approved by the Budget Office.

B. Applicability

1. The requirements of the law apply to all purchase order supplements over twenty-five thousand dollars ($25,000.00) incorporating an aggregate of changes equal to this value, e.g., an additive charge of twenty thousand dollars ($20,000.00) and a deductive change of eleven thousand dollars ($11,000.00) are equal to an aggregate change value of thirty-one thousand dollars ($31,000.00) and thus are subject to the requirements of this Section.

2. Under R.I. Gen. Laws § 37-2-28(c), the requirements of this section need not be applied to contracts where the price negotiated is based on adequate price competition, established catalogue or market prices of commercial items sold in substantial quantities to the general public, prices set by law or Regulation, or in exceptional cases where it is determined in writing by the Chief Purchasing Officer that the requirements of this section may be waived, and the reasons for such waiver are stated in writing.

C. Cost or pricing data may include such verifiable factors as all vendor quotations, nonrecurring costs, changes in production methods and production or procurement volume, data in support of contractor projection of business prospects and objectives, together with related costs of operations, unit cost trends such as those associated with labor efficiency, make-or-buy decisions and estimated resources to attain business goals and any other management decisions which reasonably could be expected to have a significant bearing on costs under a proposed contract.

D. The requirement for submission of cost or pricing data is met when all data reasonably available to the contractor have been submitted or identified in writing at the time of agreement on price. The availability of books, records, and other documents without specific identification and explanation shall not be considered submission for the purposes of verification and agreement.

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