5315.403-1 Prohibition on Obtaining Cost or Pricing Data (10 U.S.C. 2306a and 41 U.S.C. 254b)

(c)  Standards for exceptions from cost or pricing data requirements.

(3)  Commercial Items.

(B)  Using the Mandatory Procedures detailed in MP5315.403-1(c)(3), MAJCOM, DRU, and AFISRA SCOs shall submit an annual report for contracts, subcontracts, or modifications expected to have a total value of $15,000,000 or more identifying cost or pricing data exceptions for commercial item procurements (FAR 15.403-1(b)(3)).

(4)  Waivers.

(A)  Follow the Mandatory Procedures at MP5315.403-1(c)(4)(A) to submit a request for waiver of the Cost or Pricing Data requirement through the MAJCOM/DRU SCO to the HCA (see 5301.601(a)(i)). The request shall include a determination explaining the details as to (1) why the property or services cannot be reasonably obtained without the waiver; (2) the methodology to be used in determining whether the price is fair and reasonable without submission of cost or pricing data; and (3) how the government will benefit from the granting of the waiver.

(B)  Using the Mandatory Procedures detailed in MP5315.403-1(c)(4), MAJCOM, DRU, and AFISRA SCOs shall submit an annual report identifying cost or pricing data waivers (FAR 15.403-1(b)(4)) for contracts, subcontracts, or modifications expected to have a total value of $15,000,000 or more.