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ERGIGS.A -15 -0007 <br />(ii) An offset shall not be allowed if— <br />(A) 'The understated data were known by the Service Provider to be understated before <br />the "as of date specified on its Certificate of Current Cost or Pricing Data; or <br />(B) The Government proves that the facts demonstrate that the IGSA price would not <br />have increased in the amount to be offset even if tho available data had been submitted <br />before the "as of date specified on its Certificate of Current Cost or Pricing Data, <br />(d) If any reduction in the IGSA price tinder this clause roduces the price of items for which <br />payment was made prior to the date of the modification reflecting the price reduction, the Service <br />Provider shall be liable to and shall pay the United States at the time such overpayment is repaid <br />(1) Simple interest on the amount of such overpayment to be computed finom the date(s) of <br />overpayment to the Service Provider to the date the Government is repaid by the Service <br />Provider at the applicable underpayment rate effective for each quarter prescribed by the <br />Secretary of the Treasury under 26 U,S.C. 6621(x)(2); and <br />(2) A penalty equal to the amount of the overpayment, if the Service Provider or <br />subcontractor knowingly submitted certified cost or pricing data that were incomplete, <br />inaccurate, or noncurrcnt. <br />F) Price Reduction for Defective Certified Cost or Pricing Data - Modifications <br />(a) This Article shall become operative only for any modification to this IGSA involving a <br />pricing adjustment expected to exceed $700,000, except that this Article does not apply to any <br />modification (1) where prices of the modification are based upon adequate price competition, or <br />(2) when a, waiver has been granted. <br />(b) If any price, including profit or fee, negotiated in connection with any tmodifxcatien under this <br />clause, or any cost reimbursable under this IGSA, was increased by any significant amount <br />because <br />(1) the Service Provider or a subcontractor fumished certified cost or pricing data that were <br />not complete, accurate, and current as certified in its Certificate of Current Cost or Pricing <br />Data, <br />(2) a subcontractor or prospective subcontractor £urnishod the Service Provider certified cost <br />or pricing data that were not complete, accurate, and current as certified in the Service <br />Providcr's Certificate of Cuta cot Cost or Pricing Data, or <br />(3) any of these parties flnmished data of any description that were not accurate, the price or <br />cost shall be reduced accordingly and tho IGSA shall be modifiod to reflect the reduction. <br />This right to a price reduction is limited to that resulting from defects in data relating to <br />modifications for which this clause becomes operative under paragraph (a) of this clause. <br />32 <br />25G -35 <br />