FAR 15.403-5—Instructions for submission of certified cost or pricing data and data other than certified cost or pricing data.
Plain-English Summary
FAR 15.403-5 tells contracting officers how to tell offerors what pricing data they must submit and in what format. It covers four main subjects: whether certified cost or pricing data are required, whether the offeror may request an exception instead of submitting certified data, whether data other than certified cost or pricing data are required, and whether the government needs preaward or postaward access to the offeror’s records. It also addresses the format for submitting certified cost or pricing data, the format for submitting other-than-certified data, and the special submission requirements for data supporting forward pricing rate agreements and final indirect cost proposals. In practice, this section is about making the solicitation clear up front so the offeror knows exactly what evidence must be provided and the contracting officer has the information needed to determine price reasonableness and support negotiations. It also gives the contracting officer flexibility on format, but only within the limits stated in the FAR and only when the solicitation has clearly described the requirement.
Key Rules
State data requirements in solicitation
The contracting officer must specify in the solicitation whether certified cost or pricing data are required, whether the offeror may request an exception, what data other than certified cost or pricing data are required, and whether access to records is needed before or after award. This ensures the offeror knows the government’s pricing-data expectations before submitting an offer.
Allow exception requests
If certified cost or pricing data would otherwise be required, the solicitation must tell the offeror that it may submit a request for exception instead of the certified data. The exception request is not automatic relief; it is simply the prescribed alternative path the offeror may pursue.
Use prescribed or approved formats
When certified cost or pricing data are required, the contracting officer may require the format in the solicitation provisions and clauses, specify an alternative format, or allow the contractor’s own format, except where termination forms are required under subpart 49.6. The format choice should support efficient review and negotiation.
Other-than-certified data usually flexible
Data other than certified cost or pricing data may generally be submitted in the offeror’s own format. However, the contracting officer may require a specific format if it is essential to evaluate the price and determine that it is fair and reasonable, and that format requirement must be stated in the solicitation.
Special rule for FPRA and indirect cost data
Data supporting forward pricing rate agreements and final indirect cost proposals must be submitted in a form acceptable to the contracting officer. This gives the government discretion to require a format that is workable for rate analysis and indirect cost review.
Responsibilities
Contracting Officer
Must identify in the solicitation whether certified cost or pricing data are required, whether an exception request may be submitted, what other pricing data are required, and whether record access is needed. Must also decide and state the required submission format for certified data, any essential format for other-than-certified data, and the acceptable form for FPRA and final indirect cost proposal support.
Offeror/Contractor
Must review the solicitation to determine what pricing data and record access are required, submit certified cost or pricing data when required unless seeking an exception, and provide data in the required or acceptable format. Must also be prepared to support forward pricing rate agreements and final indirect cost proposals in a form the contracting officer will accept.
Agency/Acquisition Team
Must ensure the solicitation provisions and clauses at FAR 15.408 are used correctly and that the pricing-data requirements are aligned with the acquisition strategy and the need to determine price reasonableness. Must support the contracting officer in identifying when a specific format is necessary for evaluation.
Practical Implications
This section is mainly about avoiding surprises: if the solicitation is vague about pricing data, the offeror may submit the wrong package and the contracting officer may lack what is needed to evaluate price.
Contracting officers should be careful not to require a special format unless they can justify why it is essential for price analysis or otherwise authorized by the FAR.
Offerors should pay close attention to whether the solicitation asks for certified cost or pricing data versus other-than-certified data, because the certification requirement carries significant legal and pricing consequences.
A common pitfall is assuming the contractor’s normal internal format is always acceptable; that is not true when the contracting officer has clearly required a different format or when termination forms are required.
For FPRA and final indirect cost proposals, the key issue is acceptability to the contracting officer, so contractors should coordinate early to avoid rework and delays in rate negotiations or indirect cost settlement.
Official Regulatory Text
(a) Taking into consideration the policy at 15.402 , the contracting officer shall specify in the solicitation (see 15.408 (l) and (m))- (1) Whether certified cost or pricing data are required; (2) That, in lieu of submitting certified cost or pricing data, the offeror may submit a request for exception from the requirement to submit certified cost or pricing data; (3) Any requirement for data other than certified cost or pricing data; and (4) The requirement for necessary preaward or postaward access to offeror’s records. (b) (1) Format for submission of certified cost or pricing data . When certification is required, the contracting officer may require submission of certified cost or pricing data in the format indicated in 15.408 Solicitation provisions and contract clauses. of 15.408 , specify an alternative format, or permit submission in the contractor’s format (See 15.408 (l)(1)), unless the data are required to be submitted on one of the termination forms specified in subpart 49.6 . (2) Format for submission of data other than certified cost or pricing data . When required by the contracting officer, data other than certified cost or pricing data may be submitted in the offeror’s own format unless the contracting officer decides that use of a specific format is essential for evaluating and determining that the price is fair and reasonable and the format has been described in the solicitation. (3) Format for submission of data supporting forward pricing rate agreements . Data supporting forward pricing rate agreements or final indirect cost proposals shall be submitted in a form acceptable to the contracting officer.