FAR 52.215-20—Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data.
Plain-English Summary
FAR 52.215-20 is the solicitation provision that tells offerors when they must submit certified cost or pricing data, when they may instead request an exception, and what supporting information must accompany either path. It covers the exceptions from certified cost or pricing data, including exceptions based on law or regulation, commercial products and commercial services, and items priced by catalog or market pricing; it also addresses the Government’s right to examine records to verify an exception request and price reasonableness. If no exception is granted, the provision requires submission of certified cost or pricing data, data other than certified cost or pricing data, supporting attachments, and a Certificate of Current Cost or Pricing Data before award. The clause also includes alternate versions that change the required format, add distribution requirements to the Administrative Contracting Officer and Contract Auditor, require electronic submission of the cost portion, or replace the clause entirely when certified cost or pricing data are not required. In practice, this provision is central to price analysis in negotiated procurements because it determines what data the Government can demand, what the contractor must disclose, and how the contracting officer will establish that the price is fair and reasonable.
Key Rules
Exception requests must be documented
An offeror may seek an exception instead of submitting certified cost or pricing data, but it must provide the information needed to support that request. The contracting officer may ask for additional supporting information, but only as necessary to decide whether the exception applies and whether the price is fair and reasonable.
Law or regulation pricing exception
If the offered price is controlled by law or regulation, the offeror must identify the controlling authority and provide a copy of the governing document unless it was already submitted. This exception applies when the price is set or constrained by a governmental body through periodic rulings, reviews, or similar actions.
Commercial product and service exception
For commercial products and commercial services, the offeror must provide enough market pricing information to evaluate reasonableness, such as prior sales, catalog data, market quotations, discount policies, and the relationship between the proposed price and recent sales. The goal is to show that the offered price is consistent with the commercial marketplace.
Schedule item exception proof
If the item is on an active Federal Supply Service Multiple Award Schedule contract, the offeror must provide proof that an exception has been granted for the schedule item. The clause does not allow a bare assertion; it requires documentation supporting the claimed exception.
Government record access is limited but real
The offeror grants the contracting officer or authorized representative the right to examine directly pertinent books and records before award to verify an exception request and price reasonableness. For law-, catalog-, or market-priced items, that access does not extend to cost, profit, or other data used only to set the offeror’s internal pricing.
Certified cost or pricing data is required if no exception applies
If the offeror is not granted an exception, it must submit certified cost or pricing data, data other than certified cost or pricing data, and supporting attachments in the format required by FAR 15.408 unless the contracting officer and contractor agree to a different format under Alternate I. This is the default rule for non-exempt negotiated pricing actions.
Certificate of Current Cost or Pricing Data is mandatory before award
As soon as practicable after agreement on price, and before award except for unpriced actions such as letter contracts, the offeror must submit the Certificate of Current Cost or Pricing Data. This certification confirms that the data are accurate, complete, and current as of the date of agreement on price.
Alternates change submission mechanics
Alternate I allows a different data format if specified in the solicitation or agreed during negotiations; Alternate II requires copies to the Administrative Contracting Officer and Contract Auditor; Alternate III requires electronic submission of the cost portion; and Alternate IV replaces the basic provision when certified cost or pricing data are not required and instead calls for other specified data and record access.
Responsibilities
Offeror / Contractor
Determine whether an exception from certified cost or pricing data applies, and if so, submit a written request with the required supporting information. If no exception is granted, prepare and submit certified cost or pricing data, data other than certified cost or pricing data, supporting attachments, and the Certificate of Current Cost or Pricing Data in the required format and by the required deadline.
Contracting Officer
Evaluate exception requests, decide whether an exception should be granted, and determine whether the proposed price is fair and reasonable. The contracting officer may request additional supporting information only to the extent necessary, may require access to directly pertinent records before award, and must ensure the solicitation uses the correct alternate and submission format.
Authorized Government Representative
When authorized, examine directly pertinent books, records, documents, or other records before award to verify the exception request and the reasonableness of price. The representative must stay within the limits of the clause, especially for catalog-, market-, and law-priced items where access does not extend to internal cost or profit data used solely to set prices.
Administrative Contracting Officer
Under Alternate II, receive a copy of the proposal when it is submitted. This supports post-award administration and audit coordination where the alternate is used.
Contract Auditor
Under Alternate II, receive a copy of the proposal when it is submitted. The auditor uses the submission for audit review and support of price analysis or cost verification.
Agency / Solicitation Drafter
Insert the correct provision and alternate based on the acquisition, specify any required format or electronic media, and ensure the solicitation instructions align with FAR 15.408 and the applicable pricing rules. If certified cost or pricing data are not required, use Alternate IV instead of the basic provision.
Practical Implications
This provision drives the contractor’s pricing package, so missing support, weak market evidence, or an incomplete exception request can delay award or cause the contracting officer to reject the exception.
Contractors often over-disclose or under-disclose: the clause allows record access for verification, but for commercial, catalog, market, and law-priced items the Government’s access is limited and should not be used to demand internal cost build-ups that are outside the exception.
The Certificate of Current Cost or Pricing Data is a separate, time-sensitive requirement; even when pricing is agreed, failure to submit the certificate before award can create compliance problems.
The alternate selected matters operationally: format, distribution, and electronic submission requirements can change the proposal package significantly, so offerors should read the solicitation carefully.
For contracting officers, the main pitfall is asking for more than the clause allows or failing to document why an exception was granted or denied; the record should clearly support both the exception decision and the price reasonableness determination.
Official Regulatory Text
As prescribed in 15.408 (l) , insert the following provision: Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data (Nov 2021) (a) Exceptions from certified cost or pricing data. (1) In lieu of submitting certified cost or pricing data, offerors may submit a written request for exception by submitting the information described in the following paragraphs.The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable. (i) Identification of the law or regulation establishing the price offered . If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office. (ii) Commercial product and commercial service exception . For a commercial product and commercial service exception, the offeror shall submit, at a minimum, information on prices at which the same item or similar items have previously been sold in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition. Such information may include- (A) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities; (B) For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market; (C) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item. (2) The offeror grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this provision, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation, access does not extend to cost or profit information or other data relevant solely to the offeror’s determination of the prices to be offered in the catalog or marketplace. (b) Requirements for certified cost or pricing data . If the offeror is not granted an exception from the requirement to submit certified cost or pricing data, the following applies: (1) The offeror shall prepare and submit certified cost or pricing data, data other than certified cost or pricing data, and supporting attachments in accordance with the instructions contained in 15.408 Solicitation provisions and contract clauses. of FAR 15.408 , which is incorporated by reference with the same force and effect as though it were inserted here in full text. The instructions in 15.408 Solicitation provisions and contract clauses. are incorporated as a mandatory format to be used in this contract, unless the Contracting Officer and the Contractor agree to a different format and change this clause to use Alternate I. (2) As soon as practicable after agreement on price, but before contract award (except for unpriced actions such as letter contracts), the offeror shall submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR 15.406-2 . (End of Provision) Alternate I (Oct 2010) . As prescribed in 15.408 (l) (and see 15.403-5 (b)(1)), substitute the following paragraph (b)(1) for paragraph (b)(1) of the basic provision: (b)(1) The offeror shall submit certified cost or pricing data, data other than certified cost or pricing data, and supporting attachments in the following format: [ Insert description of the data and format that are required, and include access to records necessary to permit an adequate evaluation of the proposed price in accordance with 15.408 , 15.408 Solicitation provisions and contract clauses. , Note 2. The description may be inserted at the time of issuing the solicitation, or the Contracting Officer may specify that the offeror’s format will be acceptable, or the description may be inserted as the result of negotiations. ] Alternate II (Oct 1997) . As prescribed in 15.408 (l), add the following paragraph (c) to the basic provision: (c) When the proposal is submitted, also submit one copy each to: (1) the Administrative Contracting Officer, and (2) the Contract Auditor. Alternate III (Oct 1997) . As prescribed in 15.408 (l), add the following paragraph (c) to the basic provision (if Alternate II is also used, redesignate the following paragraph as paragraph (d)). (c) Submit the cost portion of the proposal via the following electronic media: __________________________ [ Insert media format, e.g.,electronic spreadsheet format, electronic mail, etc. ] Alternate IV (Oct 2010) . As prescribed in 15.408 (l), replace the text of the basic provision with the following: (a) Submission of certified cost or pricing data is not required. (b) Provide data described below: _____________________________ [ Insert description of the data and the format that are required, including the access to records necessary to permit an adequate evaluation of the proposed price in accordance with 15.403-3 .]