Code of Federal Regulations (Last Updated: October 10, 2024) |
Title 48 - Federal Acquisition Regulations System |
Chapter 2 - Defense Acquisition Regulations System, Department of Defense |
SubChapter C - Contracting Methods and Contract Types |
Part 215 - Contracting by Negotiation |
Subpart 215.8 - Price Negotiation |
§ 215.804-7 - Defective cost or pricing data.
Latest version.
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(b)(2) Unless there is clear evidence to the contrary, the contracting officer may presume the defective data were relied on and resulted in a contract price increase equal to the amount of the defect plus related overhead and profit or fee. The contracting officer is not expected to reconstruct the negotiation by speculating as to what would have been the mental attitudes of the negotiating parties if the nondefective data had been known.