U.S. DEPARTMENT OF JUSTICE / IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE) - 2015

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EROICrSA,15.0007 (c) Any reduction in the IGSA price under paragraph (b) of this clause due to defective data from a prospective subcontractor that was not subsequently awarded the subcontract shall be limited to the amount, plus applicable overhead And profit mar•]nup, by which (l) the actual subcontract or (2) the actual cost to the Service Provider, if there was no subcontract, was less than the Prospective subcontract cost estimate submitted by the Service Provider; provided, that the actual subcontract price was not itself affected by defective certified cost or pricing data, (d) (1) if the Contracting Officer determines under paragraph (b) of this clause that a price or cost reduction should be made, the Service Provider agrees not to raise the following matters as a defense: (i) The Service Provider or subcontractor was a sole source supplier or otherwise was in a superior bargaining position and thus the price of the IDSA would not have been modified even if accurate, complete, and current certified cost or pricing data had been submitted. (ti) The Contracting Officer should have known that the certified cost or pricing data in issue were defective even though the Service Provider or subcontractor tools no affirmative action to bring the character of the data to the attention of the Contracting Officer, (iii) The IDSA was based on an agreement about the total cost of the IDSA and there was no agreement about the cost of each item procured under the IDSA. (iv) The Service Provider or subcontractor did not submit a Certificate of Current Cost or Pricing Data (2) (i) Except as prohibited by subdivision (d)(2)(ii) of this clause, an offset in an amount determined appropriate by the Contracting Officer based upon the facts shall be allowed against the amount of a IDSA price reduction if (A) The Service Provider certifies to the Contracting Officer that, to the best of the Service Provider's lmowledge and belief, the Service Provider is entitled to the offset in the amount requested; and (B) The Service Provider proves that the certified cost or pricing data were available before the "as of" date specified on its Certificate of Current Cost or Pricing Data, and that the data wore riot submitted before such date. (ii) An offset shall not be allowed if - (A) The understated data were Known by the Service Provider to be understated before the "as of date specified on its Certificate of.' Current Cost or Pricing Data; or 33