Current through September, 2024
Section 3-122-125 - Submission of cost or pricing data and certification(a) When cost or pricing data are required, they shall be submitted to the procurement officer prior to beginning price negotiations at any reasonable time and in any reasonable manner prescribed by the procurement officer. When the procurement officer requires the offeror or contractor to submit cost or pricing data in support of any proposal, the data shall either be actually submitted or specifically identified in writing.(b) The offeror or contractor is required to keep the submission current until the negotiations are concluded.(c) The offeror or contractor shall certify as soon as practicable after agreement is reached on price that the cost or pricing data submitted are accurate, complete, and current as of the date of reaching agreement on price.(d) A refusal by an offeror to supply the required data shall be referred to the chief procurement officer or the head of a purchasing agency, whose duty shall be to determine in writing whether to disqualify the noncomplying bidder or offeror, to defer award pending further investigation, or to enter into the contract. A refusal by a contractor to submit the required data to support a price adjustment shall be referred to the chief procurement officer or the head of a purchasing agency who shall determine in writing whether to further investigate the price adjustment, not to allow any price adjustment, or to set the amount of the price adjustment, subject to the contractor's rights under chapter 3-126.[Eff 12/15/95; comp 11/17/97; comp MAR 21 2008] (Auth: HRS § 103D-202) (Imp: HRS § 1030-312)