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Government Contracts Cost and Pricing: The Truth in Negotiations Act, or Whatever the Kids Are Calling It These Days (Part 3)

Government Contracts & Investigations

Welcome back to the Cost Corner, where we provide practical insight into the complex cost and pricing requirements that apply to Government Contractors. We just completed two articles on the Truth in Negotiations Act (TINA) [1] and, before that, two articles on Defense Contract Audit Agency (DCAA) audits.

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Raytheon to Pay $950 Million in Major FCA and FCPA Case Aided by Whistleblower

Whistleblower Network News

Among the charges are allegations that Raytheon engaged in a bribery scheme to obtain contracts with the Qatari military and misrepresented its costs during contract negotiations with the U.S. Securities and Exchange Commission (SEC) announced a related $124 million settlement. Department of Defense (DOD).

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What is Fair and Reasonable Transparency? 

The CGP

Transparent communication also promotes accountability and trust between the parties and with the public. In the interim, the document should be rescinded, with contracting officers referring back to the GSAR and FAR for guidance on determining fair and reasonable pricing. Transparency is in the government’s interests.

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What is fair and reasonable: GSA’s proposed economic price adjustment clause

Federal News Network

On November 16, 2023, the General Services Administration issued a proposed rule updating the General Services Acquisition Regulation (GSAR) Federal Supply Schedule Economic Price Adjustment (EPA) clauses. limits on the timing and number of price adjustments). Pricing context is dependent on accurate, relevant data.

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Price Reasonableness Analysis: A Bid Evaluation Stage in Public and Project Procurement

The Procurement ClassRoom

Price analysis can be considered a stage of bid evaluation depending on the provisions of a legal and regulatory framework. It is an assessment of the evaluated price of a responsive bid to ascertain that it is not unreasonably high nor unreasonably low, but fair enough to the procuring entity and the supplier.

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Gen Digital Pays $55 Million False Claims Act Judgment Following Whistleblower Suit and Trial

Whistleblower Network News

Following a four-week bench trial, Gen Digital was found liable “for making knowing false claims to the United States when it mispresented its commercial sales practices during the negotiation and subsequent performance of a General Services Administration (GSA) contract,” according to the government.

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GSA closes in on enterprisewide software deal with Microsoft

Federal News Network

The Government Accountability Office found last January that out of the 24 agencies they reviewed for software licenses management, Microsoft was the most common, with agencies reporting it 36 times for a total of about $2.4 billion in spending. GSAs optimism for this time is based on several factors.