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EROIGSA-15m0007 <br />(ii) An offset shall not be allowed if— <br />(A) The understated data were ]crown 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 Govermnent proves that the facts demonstrate that the IGSA price would not <br />have increased in the amount to be offset even if the 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 under this clause reduces 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 mud 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 from 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(a)(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 noncurrent. <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 adjustinent 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 modification under this <br />clause, or any cost reimbursable under this IGS A, was increased by any significant amount <br />because <br />(1) the Service Provider or a subcontractor famished certified cost or pricing data that were <br />not complete, accurate, and current m certified in its Certificate of Current Cost or Pricing <br />Data, <br />(2) a subcontractor or prospective subcontractor furnished the Service Provider cortified cost <br />or pricing data that were not complete, accurate, and current as certified in the Service <br />Provider's Certificate of Curl -eat Cost or Pricing Data, or <br />(3) any of these 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 />This right to a price redaction is thahiod 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 />