, However, if this is a subcontract which permits lower tier subcontractors to appeal final decisions of the representative bP the ERDA authorized to supervise and administer performance of the Contractor's prime contract directly to the ERDA or its duly authorized represensgeive, then the Subcontractor shall include the substance of Parag | “NOTE: | : - b. as well. In any case where a subcontractor or a lower-tier subcontractor detennines that the Disclosure Statement in Geation is privi- leged and confidential and declines to proki e it to its Con- ' tractor or higher-tier subcontractor, the “Contractor may autho~- rize direct submission of that subcontractor's Disclosure Statement to the same Covernment offices to which the Contractor was required to make submission of its Disel® re Statement. : Such, authorization shall in no way reliev@the Subcontractor or lower-tiex subcontractor of liability as provided in paragraph a.5. of this Article. In view of the foregoing and since the Subcontract or lower-tier subcontract may be syaject to adjustment under this Article by reason of any fail to comply with rules, regulations, and standards of the CosE— Accounting Standard Board in connection with covared subcontracts, it is expected that. the Subcontractor or lower-tier subcontractor may wish to include an Article in each such subcontractcke&quiring the Lower~tier subcontractor to appropriatel CMideani fy the Subcontractor. However, the inclusion of such an Article and the terms thereof are matters for negotiation and agreement between the Subcontractor and the lovar-tier subce actor, provided that they do not conflict with the duti MOE the Subcontractor under its subcontract with the Government. e. The terms defined in 331.2 of Part 331 of Title 4, Code of Federal Regulations (4 CFR 331.2) shall have the same meanin terein. As there defined, “negotiated subcontract" means “any subcontrage“except a firm, fixed- price subcontract made by a Contractor or sudtontractor after receiving offers from at least two firms not associated with each other or such Contractor or subcontractor, providing (1) the So Re aeien to all competing firms is identical, (2) price is tha only sideration in-selecting the subcontractor from among the competing firm§) Solicited, and (3) the lowest offer received in compliance with the solicitation from anong those solicited is accepted.’ ARTICLE 55-.. COST OR PRICING DATA CERTIFIED COST OR PRICING DATA a 1. The Subcontractor shall require. under the situations described in 2. below, unless exempted under the exceptions set forth in 3. below, each lower-tier subcontractor under this Subcontract to submit cost or pricing data and to certify that, to che best of its knowledge and belief, such cost or pricing data are accurate, complete, aad current. 90081704