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 (A) The Contractor certifies to the Contracting Office
that, to the best of the Contractor's knowledge and belief, the Contractor
is entitled to the offset in the amount requested; and
(B) The Contractor proves that the cost or pricing data
were available before the date of agreement on the price of the contract
(or price of the modification) and that the data were not submitted before
such date.
(ii) An offset shall not be allowed if--
(A) The understated data was known by the Contractor to
be understated when the Certificate of Current Cost or Pricing Data was
signed; or
(B) The Government proves that the facts demonstrate
that the contract price would not have increased in the amount to be offset
even if the available data had been submitted before the date of agreement
on price.
(d) If any reduction in the contract price under this clause reduces
the price of items for which payment was made prior to the date of the
modification reflecting the price reduction, the Contractor shall be liable
to and shall pay the United States at the time such overpayment is repaid-
(1) Simple interest on the amount of such overpayment to be
computed from the date(s) of overpayment to the Contractor to the date the
Government is repaid by the Contractor at the applicable underpayment rate
effective for each quarter prescribed by the Secretary of the Treasury
under 26 U.S.C. 6621(a)(2); and
(2) For Department of Defense contracts only, a penalty equal to
the amount of the overpayment, if the Contractor or subcontractor knowingly
submitted cost or pricing data which were incomplete, inaccurate, or
noncurrent.
16.
FAR 52.215-23, PRICE REDUCTION FOR DEFECTIVE COST OR PRICING
DATA-MODIFICATIONS (JAN 1991)
(a) This clause shall become operative only for any modification to
this contract involving a pricing adjustment expected to exceed $100,000,
or for the Department of Defense, the National Aeronautics and Space
Administration, and the Coast Guard, excepted to exceed $500,000, except
that this clause does not apply to any modification for which the price
is--
(1) Based on adequate price competition;
(2) Based on established catalog or market prices of commercial
items sold in substantial quantities to the general public; or
(3) Set by law or regulation.
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