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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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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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What is Fair and Reasonable: GSA’s Proposed Economic Price Adjustment Clause 

The Coalition for Government Procurement

On November 16, 2023, GSA issued a proposed rule updating the General Services Acquisition Regulation (GSAR) Federal Supply Schedule Economic Price Adjustment (EPA) clauses. The rule proposes to remove “certain economic price adjustment requirements within these clauses to better align with commercial standards and practices.”

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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 In the interim, the document should be rescinded, with contracting officers referring back to the GSAR and FAR for guidance on determining fair and reasonable pricing.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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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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Thoughts on what is fair and reasonable?

Federal News Network

Federal Acquisition Policy and Procedure (PAP) 2021-05, Evaluation of FSS Program Pricing , sets forth “comprehensive guidance regarding the evaluation of pricing throughout the life of a Federal Supply Schedule (FSS) program contract.” Pay a Fair and Reasonable Price ). Emphasis added.) See Section 2.

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Government Construction Projects: Bidding and Winning Strategies for Success

Public Contracting Institute

It typically involves the following steps: Identifying opportunities Reviewing solicitation documents Attending pre-bid meetings Preparing and submitting a responsive bid Participating in bid evaluation and negotiations To excel in the bidding process, consider enrolling in our Life Sciences Contracting 101 course.

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