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 (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.
(e) 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 25 U.S.C. 6621(a)(2); and
(2) For Department of Defense contracts only, a penalty equal
the amount of the overpayment, if the Contractor or subcontractor knowingly
submitted cost or pricing data which were incomplete, inaccurate, or
noncurrent
17.
FAR 52.215-24, SUBCONTRACTOR COST OR PRICING DATA (DEC 1991)
(a) Before awarding any subcontract expected to exceed $100,000, or
for the Department of Defense, the National Aeronautics and Space
Administration, and the Coast Guard, expected to exceed $500,000 when
entered into, or before pricing any subcontract modification 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, expected to exceed $500,000, the Contractor shall require the
subcontractor to submit cost or pricing data (actually or by specific
identification in writing), unless the price is--
Based on adequate price competition;
(1)
(2) Based on established catalog or market prices of commercial
items sold in substantial quantities to the general public; or
Set by law or regulation.
(3)
(b) The Contractor shall require-the subcontractor to certify in
substantially the form prescribed in Subsection 15.804-4 of the Federal
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