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Model Procurement - Jefferson County Public Schools

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<strong>Procurement</strong> Regulations<br />

7.10 Use of Federal Cost Principles<br />

7.10.1 Cost Negotiations<br />

In dealing with contractors operating according to federal<br />

cost principles, such as Defense Acquisition Regulation,<br />

section 15, or Federal <strong>Procurement</strong> Regulations, Part 1-15,<br />

the Board, after notifying the contractor, may use the federal<br />

cost principles as guidance in contract negotiations,<br />

subject to paragraph 7.10.2 of this section.<br />

7.10.2 Incorporation of Federal Cost Principles: Conflicts<br />

Between Federal Principles and this Part<br />

(a) In contracts not awarded under a program which is<br />

funded by federal assistance funds, the Board may explicitly<br />

incorporate federal cost principles into a solicitation<br />

and thus into any contract awarded pursuant to that<br />

solicitation. The Board and the contractor by mutual<br />

agreement may incorporate federal cost principles into<br />

a contract during negotiation or after award. In either instance,<br />

the language incorporating the federal cost principles<br />

shall clearly state that to the extent federal cost<br />

principles conflict with these regulations, these regulations<br />

shall control.<br />

(b) In contracts awarded under a program which is financed<br />

in whole or in part by federal assistance funds,<br />

all requirements set forth in the assistance document,<br />

including specified federal cost principles, must be satisfied.<br />

Therefore, to the extent that the cost principles<br />

specified in the grant document conflict with the cost<br />

principles in these regulations, the cost principles specified<br />

in the grant shall control.<br />

7.11 Authority to Deviate from Cost Principles<br />

If the Board desires to deviate from the cost principles set<br />

forth in these regulations, a written determination shall<br />

be made by the Director of Purchasing or the Executive<br />

Director of Facilities and Transportation specifying the<br />

reasons for the deviation. A copy of such determination<br />

shall be filed promptly with the Superintendent and such<br />

determination shall be effective only upon approval by the<br />

Superintendent.<br />

7.12 Right to Audit Books and Records<br />

The Board may audit the books and records of any contractor,<br />

or any subcontractor or agent or accountant of any contractor,<br />

who has submitted to the Board any cost or pricing<br />

data in connection with a contract The right to audit under<br />

this paragraph 7.12 shall extend only to those books and<br />

records reasonably connected with the submitted cost or<br />

pricing data. The contractor shall maintain, or shall cause<br />

the subcontractor or agent or accountant to maintain, the<br />

books and records for a period of five years from the date<br />

of final payment under the contract or subcontract.<br />

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