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EROIGSA•15 -0007 <br />(2) A subcontractor or prospective subcontractor famished tlao Service Provider certified cost <br />or pricing data that were not complete, accurate, and current as certified in the Service <br />Provider's Certificate of Current Cost or Pricing Data; or <br />(3) Any of thew parties furnished data of any description that were not accurate, the price or <br />cost shall be reduced accordingly and the IGSA shall be modified to reflect the reduction. <br />(b) Any reduction in the IGSA price under paragraph (a) of this clause due to detective data from <br />a prospective subcontractor that was not subsequently awarded the subcontract shall be limited to <br />the amount, plus applicable overhead, and profit markup, by which (I) the actual subcontract or <br />(2) the actual cost to the Service Provider, if there was no subcontract, was less than the <br />Prospective subcontract cost estimate submitted by the Service Provider,; provided, that the actual <br />subcontract price was not itself affected by defective certified cost or pricing data. <br />(c) <br />(1) If the Contracting Officer determines under paragraph (a) of this clause that a price or <br />cost reduction should be made, the Service Provider agrees not to raise the following matters <br />as a defense: <br />(i) The Service Provider or subcontractor was a sole source supplier or otherwise was in a <br />superior bargaining position and thus the price of the IGSA would not have been modified <br />even if accurate, complete, and current certified cost or pricing data had been submitted. <br />(ii) The Contracting Officer should have known that the certified cost or pricing data in <br />issue were defective even though the Service Provider or subcontractor tools no affirmative <br />action to bring the character of the data to the attention of the Contracting Officer. <br />(iii) The IGSA was based on an agreement about the total cost of the IGSA and there was <br />no agreement about the, cost of each item procured under the IGSA, <br />(iv) The Service Provider or subcontractor did not submit a Certificate of Current Cast or <br />Pricing Data. <br />(2) <br />(i) Except as prohibited by subdivision 0(2)(ii) of this clause, an offset in an amount <br />determined appropriate by the Contracting Officer based upon the facts shall be allowed <br />against the amount of a IGSA price reduction if— <br />(A) Tho Service Provider certifies to the Contracting Officer that, to the best of the <br />Service Provider's knowledge and belief. the Service Provider is entitled to the offset in <br />the amount requested; and <br />(B) The Service Provider proves that the certified cost or pricing data were available <br />before the "as of date specified on its Certificate of Current Cost or Pricing Data, and <br />that the data were not submitted before such date. <br />31 <br />25G -34 <br />