FAR 52.214-28 - 52.214-28 Subcontractor Certified Cost or Pricing Data—Modifications—Sealed Bidding.
Current Status
DEVIATION ACTIVE
WARNING: This clause is affected by 1 active class deviation. Use the deviation text, NOT the standard clause text from the eCFR.
| Last Checked | 2026-03-11 19:25 UTC |
| Authoritative Source | https://www.ecfr.gov/current/title-48/section-52.214-28 |
Active Class Deviations
2022-O0001 - Class Deviation 2022-O0001 - Revision 1 â Threshold for Obtaining Certified Cost or Pricing Data for Subcontracts and Price Adjustments
Effective: None
Effect: SUBSTITUTE
Substitute clause 52.214-28
Compare clause text (side-by-side)
Standard Clause Text (eCFR)
(a) The requirements of paragraphs (b) and (c) of this clause shall (1) Become operative only for any modification to this contract involving aggregate increases and/or decreases in costs, plus applicable profits, expected to exceed the threshold for submission of certified cost or pricing data in Federal Acquisition Regulation (FAR) 15.403-4(a)(1) on the date of execution of the modification, and (2) Be limited to such modifications. (b) Before awarding any subcontract expected to exceed the threshold for submission of certified cost or pricing data in FAR 15.403-4(a)(1), on the date of agreement on price or the date of award, whichever is later, or before pricing any subcontract modifications involving aggregate increases and/or decreases in costs, plus applicable profits, expected to exceed the threshold for submission of certified cost or pricing data in FAR 15.403-4(a)(1), the Contractor shall require the subcontractor to submit certified cost or pricing data (actually or by specific identification in writing), as part of the subcontractor's proposal in accordance with FAR 15.408, Table 15-2 (to include any information reasonably required to explain the subcontractor's estimating process such as the judgmental factors applied and the mathematical or other methods used in the estimate, including those used in projecting from known data, and the nature and amount of any contingencies included in the price), unless an exception under FAR 15.403-1(b) applies. If the threshold for submission of certified cost or pricing data specified in FAR 15.403-4(a)(1) is adjusted for inflation as set forth in FAR 1.109(a), then pursuant to FAR 1.109(d) the changed threshold applies throughout the remaining term of the contract, unless there is a subsequent threshold adjustment.
(c) The Contractor shall require the subcontractor to certify in substantially the form prescribed in subsection 15.406-2 of the Federal Acquisition Regulation that, to the best of its knowledge and belief, the data submitted under paragraph (b) above were accurate, complete, and current as of the date of agreement on the negotiated price of the subcontract or subcontract modification. (d) The Contractor shall insert the substance of this clause, including this paragraph (d), in each subcontract that, when entered into, exceeds the threshold for submission of certified cost or pricing data in FAR 15.403-4(a)(1). (End of clause) Alternate I (OCT 2025). As prescribed in 14.201-7(c)(1)(ii), substitute the following paragraph (b) in place of paragraph (b) of the basic clause: (b) Unless an exception under FAR 15.403-1(b) applies, the Contractor shall require the subcontractor to submit certified cost or pricing data (actually or by specific identification in writing), as part of the subcontractor's proposal in accordance with FAR 15.408, Table 15-2 (to include any information reasonably required to explain the subcontractor's estimating process such as the judgmental factors applied and the mathematical or other methods used in the estimate, including those used in projecting from known data, and the nature and amount of any contingencies included in the price)â (1) Before modifying any subcontract that was awarded prior to July 1, 2018, involving a pricing adjustment expected to exceed $950,000; or (2) Before awarding any subcontract expected to exceed $2.5 million on or after July 1, 2018, or modifying any subcontract that was awarded on or after July 1, 2018, involving a pricing adjustment expected to exceed $2.5 million. [48 FR 42478, Sept. 19, 1983, as amended at 50 FR 1747, Jan. 11, 1985; 50 FR 52429, Dec. 23, 1985; 56 FR 67415, Dec. 30, 1991; 59 FR 62499, Dec. 5, 1994; 60 FR 48218, Sept. 18, 1995; 62 FR 51271, Sept. 30, 1997; 75 FR 53150, Aug. 30, 2010; 85 FR 27094, May 6, 2020; 85 FR 40074, July 2, 2020; 85 FR 53247, Aug. 28, 2020; 90 FR 41880, Aug. 27, 2025]
As Modified by Deviation
52.214-28, Subcontractor Certified Cost or Pricing Data—Modifications—Sealed Bidding.
52.215-11, Price Reduction for Defective Certified Cost or Pricing Data— Modifications. 52.215-12, Subcontractor Certified Cost or Pricing Data. 52.215-13, Subcontractor Certified Cost or Pricing Data—Modifications. Class Deviation 2022-O0001, Revision 1 Threshold for Obtaining Certified Cost or Pricing Data for Subcontracts and Price Adjustments Contracting officers shall not use Alternate I of FAR 52.214-28, Alternate I of FAR 52.215-12, or Alternate I of FAR 52.215-13. These alternates conflict with the attached deviation clauses. Further, contracting officers shall, upon request of the contractor, modify existing contracts as soon as practicable, without requiring consideration, to incorporate as applicable one or more of these deviation clauses. This class deviation implements section 814 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Pub. L. 116-283), which modifies 10 U.S.C. 2306a by establishing a $2 million threshold for obtaining certified cost or pricing data with respect to the award of subcontracts and price adjustments to contracts and subcontracts. This class deviation remains in effect until it is incorporated into the DFARS, or otherwise rescinded. My point of contact is Ms. Sara Higgins, who may be reached at sara.a.higgins2.civ@mail.mil. John M. Tenaglia Principal Director, Defense Pricing and Contracting Attachment: As stated 2 Attachment 1 Class Deviation 2022-O0001, Revision 1 Threshold for Obtaining Certified Cost or Pricing Data for Subcontracts and Price Adjustments Changes to the text are indicated by a change bar in the right-hand margin. 52.214-27 Price Reduction for Defective Certified Cost or Pricing Data—Modifications— Sealed Bidding (DEVIATION 2022-O0001). Use the following clause, when contracting by sealed bidding, in lieu of the clause at FAR 52.214-27, Price Reduction for Defective Certified Cost or Pricing Data-Modifications, in solicitations and contracts if the contract amount is expected to exceed $2 million: PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA— MODIFICATIONS—SEALED BIDDING (DEVIATION 2022-O0001) (OCT 2021)
(a) This clause shall become operative only for any modification to this contract involving aggregate increases and/or decreases in costs, plus applicable profits, expected to exceed $2 million on the date of execution of the modification, except that this clause does not apply to a modification if an exception under FAR 15.403-1(b) applies. (b) If any price, including profit, negotiated in connection with any modification under this clause, was increased by any significant amount because (1) the Contractor or a subcontractor furnished certified cost or pricing data that were not complete, accurate, and current as certified in its Certificate of Current Cost or Pricing Data, (2) a subcontractor or prospective subcontractor furnished the Contractor certified cost or pricing data that were not complete, accurate, and current as certified in the Contractor's Certificate of Current Cost or Pricing Data, or (3) any of these parties furnished data of any description that were not accurate, the price shall be reduced accordingly and the contract shall be modified to reflect the reduction. This right to a price reduction is limited to that resulting from defects in data relating to modifications for which this clause becomes operative under paragraph (a) of this clause.
(c) Any reduction in the contract price under paragraph (b) of this clause due to defective data from a prospective subcontractor that was not subsequently awarded the subcontract shall be limited to the amount, plus applicable overhead and profit markup, by which (1) the actual subcontract or (2) the actual cost to the Contractor, if there was no subcontract, was less than the prospective subcontract cost estimate submitted by the Contractor; provided, that the actual subcontract price was not itself affected by defective certified cost or pricing data. (d)(1) If the Contracting Officer determines under paragraph (b) of this clause that a price or cost reduction should be made, the Contractor agrees not to raise the following matters as a defense— (i) The Contractor or subcontractor was a sole source supplier or otherwise was in a superior bargaining position and thus the price of the contract would not have been modified even if accurate, complete, and current certified cost or pricing data had been submitted; Page 1 of 8 Attachment 1 Class Deviation 2022-O0001, Revision 1 Threshold for Obtaining Certified Cost or Pricing Data for Subcontracts and Price Adjustments Changes to the text are indicated by a change bar in the right-hand margin. (ii) The Contracting Officer should have known that the certified cost or pricing data in issue were defective even though the Contractor or subcontractor took no affirmative action to bring the character of th...
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52.214-28 Subcontractor Certified Cost or Pricing DataâModificationsâSealed Bidding. As prescribed in 14.201-7(c)(1)(i), insert the following clause: Subcontractor Certified Cost or Pricing DataâModificationsâSealed Bidding (JUN 2020) (a) The requirements of paragraphs (b) and (c) of this clause shall (1) Become operative only for any modification to this contract involving aggregate increases and/or decreases in costs, plus applicable profits, expected to exceed the threshold for submission of certified cost or pricing data in Federal Acquisition Regulation (FAR) 15.403-4(a)(1) on the date of execution of the modification, and (2) Be limited to such modifications. (b) Before awarding any subcontract expected to exceed the threshold for submission of certified cost or pricing data in FAR 15.403-4(a)(1), on the date of agreement on price or the date of award, whichever is later, or before pricing any subcontract modifications involving aggregate increases and/or decreases in costs, plus applicable profits, expected to exceed the threshold for submission of certified cost or pricing data in FAR 15.403-4(a)(1), the Contractor shall require the subcontractor to submit certified cost or pricing data (actually or by specific identification in writing), as part of the subcontractor's proposal in accordance with FAR 15.408, Table 15-2 (to include any information reasonably required to explain the subcontractor's estimating process such as the judgmental factors applied and the mathematical or other methods used in the estimate, including those used in projecting from known data, and the nature and amount of any contingencies included in the price), unless an exception under FAR 15.403-1(b) applies. If the threshold for submission of certified cost or pricing data specified in FAR 15.403-4(a)(1) is adjusted for inflation as set forth in FAR 1.109(a), then pursuant to FAR 1.109(d) the changed threshold applies throughout the remaining term of the contract, unless there is a subsequent threshold adjustment. (c) The Contractor shall require the subcontractor to certify in substantially the form prescribed in subsection 15.406-2 of the Federal Acquisition Regulation that, to the best of its knowledge and belief, the data submitted under paragraph (b) above were accurate, complete, and current as of the date of agreement on the negotiated price of the subcontract or subcontract modification. (d) The Contractor shall insert the substance of this clause, including this paragraph (d), in each subcontract that, when entered into, exceeds the threshold for submission of certified cost or pricing data in FAR 15.403-4(a)(1). (End of clause) Alternate I (OCT 2025). As prescribed in 14.201-7(c)(1)(ii), substitute the following paragraph (b) in place of paragraph (b) of the basic clause: (b) Unless an exception under FAR 15.403-1(b) applies, the Contractor shall require the subcontractor to submit certified cost or pricing data (actually or by specific identification in writing), as part of the subcontractor's proposal in accordance with FAR 15.408, Table 15-2 (to include any information reasonably required to explain the subcontractor's estimating process such as the judgmental factors applied and the mathematical or other methods used in the estimate, including those used in projecting from known data, and the nature and amount of any contingencies included in the price)â (1) Before modifying any subcontract that was awarded prior to July 1, 2018, involving a pricing adjustment expected to exceed $950,000; or (2) Before awarding any subcontract expected to exceed $2.5 million on or after July 1, 2018, or modifying any subcontract that was awarded on or after July 1, 2018, involving a pricing adjustment expected to exceed $2.5 million. [48 FR 42478, Sept. 19, 1983, as amended at 50 FR 1747, Jan. 11, 1985; 50 FR 52429, Dec. 23, 1985; 56 FR 67415, Dec. 30, 1991; 59 FR 62499, Dec. 5, 1994; 60 FR 48218, Sept. 18, 1995; 62 FR 51271, Sept. 30, 1997; 75 FR 53150, Aug. 30, 2010; 85 FR 27094, May 6, 2020; 85 FR 40074, July 2, 2020; 85 FR 53247, Aug. 28, 2020; 90 FR 41880, Aug. 27, 2025]