DEFECTIVE COST OR PRICING DATA Sample Clauses

DEFECTIVE COST OR PRICING DATA a. If Seller, its subcontractor, or prospective subcontractor fails to submit accurate, complete and current cost or pricing data, and, as a result of that failure, the Government reduces the price of Buyer’s prime contract, Buyer may recover from Seller an amount equal to the price reduction of the prime contract. b. If, as a result of Seller’s or its subcontractor’s foregoing conduct, the Government imposes a penalty on or charges Buyer interest, ▇▇▇▇▇ may recover from Seller the amount of that interest or penalty. c. For the purposes of paragraphs a. and b. of this Article 18, if Buyer is a higher tier subcontractor, “Government” means the higher tier contractor and “prime contract” means the higher tier subcontract.

DEFECTIVE COST OR PRICING DATA. If Contractor has submitted a Certificate or Current Cost or Pricing Data with its Bid and the County subsequently determines that such cost or pricing data is inaccurate, incomplete, or noncurrent as of the date stated in the Certificate, Contractor acknowledges the County’s right to adjust the contract price, including profit or fee, to exclude any significant sum by which the price, including profit or fee, was increased because of the defective data. Judgmental errors made by the Contractor in good faith concerning the estimated portions of future costs or projections do not constitute defective data. The County will presume that overstated cost or pricing data increased the contract price in the amount of the defect plus related overhead and profit or fee. Therefore, unless there is a clear indication that the defective data was not used or relied upon by the contractor in the formation of its Bid, the County will reduce the Contract price by such amount. In establishing that the defective data caused an increase in the Contract price, Contractor acknowledges that the Purchasing Director or his/her designee has no obligation to reconstruct the negotiation by speculating as to what would have been the mental attitudes of the negotiating parties if the correct data had been submitted at the time of agreement on price. In determining the amount of a downward adjustment, the Contractor shall be entitled to an offsetting adjustment for any understated cost or pricing data submitted in support of price negotiations for the same pricing action up to the amount of the County’s claims for overstated costs or pricing data arising out of the same pricing action. If the Contractor and the Purchasing Director or his/her designee cannot agree as to the existence of defective cost or pricing data or the amount of adjustment due to defective cost or pricing data, the Purchasing Director or his/her designee shall set an amount in accordance with Subsection 103.08, Pricing Adjustments, of the Contract, the Contractor may appeal this decision as a contract controversy under Article 9 of Chapter 120 of the ▇▇▇▇▇ County Code.

DEFECTIVE COST OR PRICING DATA a. If Seller, its subcontractor, or prospective subcontractor fails to submit accurate, complete and current cost or pricing data, and, as a result of that failure, the Government reduces the price of Buyer’s prime contract, Buyer may recover from Seller an amount equal to the price reduction of the prime contract. b. If, as a result of Seller’s or its subcontractor’s foregoing conduct, the Government imposes a ▇▇▇▇ lty on or charges Buyer interest, Buyer may recover from Seller the amount of that interest or ▇▇▇▇ lty. c. For the purposes of paragraphs a. and b. of this Article 18, if Buyer is a higher tier subcontractor, “Government” means the higher tier contractor and “prime contract” means the higher tier subcontract.

DEFECTIVE COST OR PRICING DATA i. If Seller, its subcontractor, or prospective subcontractor fails to submit accurate, complete, and current cost or pricing data, and, as a result of that failure, the Government reduces the price of Buyer’s prime contract, Buyer may recover from Seller an amount equal to the price reduction of the prime contract. ii. If, as a result of Seller’s or its subcontractor’s foregoing conduct, the Government imposes a penalty on or charges Buyer interest, ▇▇▇▇▇ may recover from Seller the amount of that interest or penalty. iii. Seller shall not raise as defenses matters listed in FAR 52.215-10(c)(1) or FAR 52.215- 11(d)(1).

DEFECTIVE COST OR PRICING DATA. If certified cost or pricing data are subsequently found to have been inaccurate, incomplete, or not current as of the date stated in the certificate, the BWS is entitled to an adjustment of the Fixed Design-Build Price or the Service Fee, as applicable, including profit or fee, to exclude any significant sum by which the Fixed Design-Build Price or the Service Fee, as applicable, including profit or fee, was increased because of the defective data. If the DBOM Contractor and the Officer-in-Charge cannot agree as to the existence of defective cost or pricing data or amount of adjustment due to defective cost or pricing data, the Officer-in-Charge shall set an amount in accordance with the provisions of subchapter 15, Chapter 3-122 (Cost or Pricing Data), HAR, and the DBOM Contractor may appeal this decision as a contract controversy under Chapter 3-126 (Legal and Contractual Remedies), HAR, in accordance with Section 16.3 (Authority to Resolve Contract and Breach of Contract Controversies).

DEFECTIVE COST OR PRICING DATA. (a) This Agreement incorporates FAR 52.215-10 “Price Reduction for Defective Certified Cost or Pricing Data.” In addition to any other remedies provided by law or under the Agreement, if Buyer is subjected to any liability as the result of Seller or its lower tier subcontractor’s failure to comply with the requirement of 52.215-10, then Seller agrees to indemnify and hold Buyer harmless to the full extent of any loss, damage or expense resulting from such failure.