Part52

FAR 52.215-21 - 52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data—Modifications.

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 Checked2026-03-11 19:27 UTC
Authoritative Sourcehttps://www.ecfr.gov/current/title-48/section-52.215-21

Active Class Deviations

2024-O0007 - Class Deviation 2024-O0007 – Section 890 Pilot Program to Accelerate Contracting and Pricing Processes

Effective: None
Effect: SUBSTITUTE

Substitute clause 52.215-21

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Standard Clause Text (eCFR)

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data—Modifications. As prescribed in 15.408(m), insert the following clause: Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data—Modifications (NOV 2021) (a) Exceptions from certified cost or pricing data. (1) In lieu of submitting certified cost or pricing data for modifications under this contract, for price adjustments expected to exceed the threshold set forth in Federal Acquisition Regulation (FAR) 15.403-4(a)(1) on the date of the agreement on price or the date of the award, whichever is later, the Contractor may submit a written request for exception by submitting the information described in paragraphs (a)(1)(i) and (ii) of this clause. 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. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable— (i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office. (ii) Information on modifications of contracts or subcontracts for commercial products or commercial services. (A) If— ( 1 ) The original contract or subcontract was granted an exception from certified cost or pricing data requirements because the price agreed upon was based on adequate price competition or prices set by law or regulation, or was a contract or subcontract for the acquisition of a commercial product or commercial service; and (
2
) The modification (to the contract or subcontract) is not exempted based on one of these exceptions, then the Contractor may provide information to establish that the modification would not change the contract or subcontract from a contract or subcontract for the acquisition of a commercial product or commercial service, to a contract or subcontract for the acquisition of other than a commercial product or commercial service. (B) For a commercial product and commercial service exception, the Contractor shall provide, at a minimum, information on prices at which the same item or similar items have previously been sold that is adequate for evaluating the reasonableness of the price of the modification. Such information may include—
(
1
) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities.
( 2 ) For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market. (
3
) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item. (2) The Contractor grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this clause, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation, access does not extend to cost or profit information or other data relevant solely to the Contractor's determination of the prices to be offered in the catalog or marketplace.
(b)
Requirements for certified cost or pricing data.
If the Contractor is not granted an exception from the requirement to submit certified cost or pricing data, the following applies:
(1) The Contractor shall submit certified cost or pricing data, data other than certified cost or pricing data, and supporting attachments in accordance with the instructions contained in Table 15-2 of FAR 15.408, which is incorporated by reference with the same force and effect as though it were inserted here in full text. The instructions in Table 15-2 are incorporated as a mandatory format to be used in this contract, unless the Contracting Officer and the Contractor agree to a different format and change this clause to use Alternate I. (2) As soon as practicable after agreement on price, but before award (except for unpriced actions), the Contractor shall submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR 15.406-2. (End of clause) Alternate I (OCT 2010). As prescribed in 15.408(m) and 15.403-5(b)(1), substitute the following paragraph (b)(1) for paragraph (b)(1) of the basic clause.
(b)(1) The Contractor shall submit certified cost or pricing data, data other than certified cost or pricing data, and supporting attachments prepared in the following format: [Insert description of the data and format that are required and include access to records necessary to permit an adequate evaluation of the proposed price in accordance with 15.408, Table 15-2, Note 2. The description may be inserted at the time of issuing the solicitation, or the Contracting Officer may specify that the offeror's format will be acceptable, or the description may be inserted as the result of negotiations.] Alternate II (OCT 1997). As prescribed in 15.408(m), add the following paragraph (c) to the basic clause: (c) When the proposal is submitted, also submit one copy each to: (1) the Administrative Contracting Officer, and (2) the Contract Auditor. Alternate III (OCT 1997). As prescribed in 15.408(m), add the following paragraph (c) to the basic clause (if Alternate II is also used, redesignate the following paragraph as paragraph (d)): (c) Submit the cost portion of the proposal via the following electronic media: [ Insert media format ] Alternate IV (OCT 2010). As prescribed in 15.408(m), replace the text of the basic clause with the following: (a) Submission of certified cost or pricing data is not required. (b) Provide data described below: [Insert description of the data and the format that are required, including the access to records necessary to permit an adequate evaluation of the proposed price in accordance with 15.403-3.] [62 FR 51264, Sept. 30, 1997, as amended at 75 FR 53152, Aug. 30, 2010; 85 FR 27095, May 6, 2020; 86 FR 61034, Nov. 4, 2021]

As Modified by Deviation

52.215-21, Requirements for Certified Cost or Pricing Data—Modifications, and detail in the request for proposal for the modification the specific cost or pricing data required to be submitted by the contractor and subcontractors participating in the Pilot Program; • Use the deviation clause provided in Attachment 4, 252.215-7998, Pilot Program to Accelerate Contracting and Pricing Processes, to ensure the contractor provides information necessary to evaluate the efficacy of the Pilot Program; and • Make price reasonableness determinations based primarily on offeror or contractor actual cost data from prior acquisitions, in combination with more traditional certified cost or pricing data that may be required to support aspects of the current acquisition for which the contractor’s historical cost experience may not be adequately representative of the current requirement. The contracting officer may strategically establish the extent, structure, and level of detail of the historical actual cost data the offeror or contractor will be required to submit in lieu of complete certified cost or pricing data. It will be crucial for the contracting officer and offeror or contractor to have a detailed dialogue regarding the certified cost or pricing data that will be required under the authority of the pilot, to ensure that the offeror or contractor understands the contracting officer’s expectations regarding the data necessary to support a price reasonableness determination, and the traceability of that data to the offeror’s or contractor’s proposal. Depending on the type and level of detail of certified cost or pricing data to be required in support of specific subcontracts under the Pilot Program, the same discussion should take place between the contracting officer, the offeror or contractor, and the applicable subcontractors. The pilot program entails minimal reporting requirements for participants. Measurement of pilot results must be provided at two junctures, as described at 252.215-7998, Pilot Program to Accelerate Contracting and Pricing Processes (see Attachment 4). These two data submittal junctures are necessary for DoD to assess Pilot-Program effectiveness. The first measurement will occur within three months after the contract action approved for participation in the Pilot Program is awarded. The second measurement will occur upon completion of performance of the contract action to measure how closely the actual cost of performance aligned with the acquisition team’s anticipated cost. Contracting officers shall submit both sets of results to osd.pentagon.ousd-a-s-mbx.dpc-pcf@mail.mil as they become available. This class deviation extends the Pilot Program authority provided by section 890 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2019 (Pub. L. 115-232), as amended by section 825 of the NDAA for FY 2020 (Pub. L. 116-92), section 818 of the NDAA
2
Class Deviation 2024-O0007 Section 890 Pilot Program to Accelerate Contracting and Pricing Processes for FY 2023 (Pub. L. 117-263), and section 841 of the NDAA for FY 2024 (Pub. L. 118-31). Section 890 as amended authorizes DoD to conduct a Pilot Program for contract actions exceeding $50 million, allows price reasonableness determinations to be based on actual cost and pricing data for purchases of the same or similar products for DoD, and minimizes the cost and pricing data to be submitted in accordance with FAR 15.403-4 (10 U.S.C. 3702). This class deviation remains in effect until January 2, 2028, or until otherwise rescinded. My point of contact is Ms. Gina Bova, who is available at 937-200-4020 or by email at
regina.m.bova.civ@mail.mil.
John M. Tenaglia
Principal Director,
Defense Pricing and Contracting
Attachments:
As stated
3
Attachment 1 Class Deviation 2024-O0007 Section 890 Pilot Program to Accelerate Contracting and Pricing Processes Application to Participate in the Pilot Program Authorized under Section 890 of the National Defense Authorization Act (NDAA) For Fiscal Year 2019, as amended by section 825 of the NDAA for FY 2020, section 818 of the NDAA for FY 2023, and section 841 of the NDAA for FY 2024, for contract actions that exceed $50 million. I. Program/Contract Information Program Name: ______________________________________________________________________ Cognizant Contracting Activity: _________________________________________________________ (Buying office, Command, Department or Agency)
Description of Requirement: ___________________________________________________________
(Product, quantity, period of performance)
Estimated value of the current requirement: ______________________________________________
Anticipated contract type: _____________________________________________________________
Anticipated award date: _______________________________________________________________
List of relevant prior acquisitions to be used as the basis for projecting costs of the current acquisition
under the pilot program:
...

Full Current Text

Show full clause text 
52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data—Modifications.

As prescribed in 15.408(m), insert the following clause:

Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data—Modifications (NOV 2021)

(a)
Exceptions from certified cost or pricing data.
(1) In lieu of submitting certified cost or pricing data for modifications under this contract, for price adjustments expected to exceed the threshold set forth in Federal Acquisition Regulation (FAR) 15.403-4(a)(1) on the date of the agreement on price or the date of the award, whichever is later, the Contractor may submit a written request for exception by submitting the information described in paragraphs (a)(1)(i) and (ii) of this clause. 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. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable—

(i)
Identification of the law or regulation establishing the price offered.
If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.

(ii)
Information on modifications of contracts or subcontracts for commercial products or commercial services.
(A) If—

(
1
) The original contract or subcontract was granted an exception from certified cost or pricing data requirements because the price agreed upon was based on adequate price competition or prices set by law or regulation, or was a contract or subcontract for the acquisition of a commercial product or commercial service; and

(
2
) The modification (to the contract or subcontract) is not exempted based on one of these exceptions, then the Contractor may provide information to establish that the modification would not change the contract or subcontract from a contract or subcontract for the acquisition of a commercial product or commercial service, to a contract or subcontract for the acquisition of other than a commercial product or commercial service.

(B) For a commercial product and commercial service exception, the Contractor shall provide, at a minimum, information on prices at which the same item or similar items have previously been sold that is adequate for evaluating the reasonableness of the price of the modification. Such information may include—

(
1
) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities.

(
2
) For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market.

(
3
) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item.

(2) The Contractor grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this clause, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation, access does not extend to cost or profit information or other data relevant solely to the Contractor's determination of the prices to be offered in the catalog or marketplace.

(b)
Requirements for certified cost or pricing data.
If the Contractor is not granted an exception from the requirement to submit certified cost or pricing data, the following applies:

(1) The Contractor shall submit certified cost or pricing data, data other than certified cost or pricing data, and supporting attachments in accordance with the instructions contained in Table 15-2 of FAR 15.408, which is incorporated by reference with the same force and effect as though it were inserted here in full text. The instructions in Table 15-2 are incorporated as a mandatory format to be used in this contract, unless the Contracting Officer and the Contractor agree to a different format and change this clause to use Alternate I.

(2) As soon as practicable after agreement on price, but before award (except for unpriced actions), the Contractor shall submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR 15.406-2.

(End of clause)

Alternate I
(OCT 2010). As prescribed in 15.408(m) and 15.403-5(b)(1), substitute the following paragraph (b)(1) for paragraph (b)(1) of the basic clause.

(b)(1) The Contractor shall submit certified cost or pricing data, data other than certified cost or pricing data, and supporting attachments prepared in the following format:
[Insert description of the data and format that are required and include access to records necessary to permit an adequate evaluation of the proposed price in accordance with 15.408, Table 15-2, Note 2. The description may be inserted at the time of issuing the solicitation, or the Contracting Officer may specify that the offeror's format will be acceptable, or the description may be inserted as the result of negotiations.]

Alternate II
(OCT 1997). As prescribed in 15.408(m), add the following paragraph (c) to the basic clause:

(c) When the proposal is submitted, also submit one copy each to: (1) the Administrative Contracting Officer, and (2) the Contract Auditor.

Alternate III
(OCT 1997). As prescribed in 15.408(m), add the following paragraph (c) to the basic clause (if
Alternate II
is also used, redesignate the following paragraph as paragraph (d)):

(c) Submit the cost portion of the proposal via the following electronic media: [
Insert media format
]

Alternate IV
(OCT 2010). As prescribed in 15.408(m), replace the text of the basic clause with the following:

(a) Submission of certified cost or pricing data is not required.

(b) Provide data described below:
[Insert description of the data and the format that are required, including the access to records necessary to permit an adequate evaluation of the proposed price in accordance with 15.403-3.]

[62 FR 51264, Sept. 30, 1997, as amended at 75 FR 53152, Aug. 30, 2010; 85 FR 27095, May 6, 2020; 86 FR 61034, Nov. 4, 2021]