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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.
If you feel like prices for just about everything are going up, you’re not alone. In federal government contracting, however, a contractor may not have the same leeway to raise its prices. Accordingly, issuing an order based on non-FSS pricing under an FSS acquisition would be improper. B-421917.2, Asking for a friend.
In light of the increased audit activity focusing on defective pricing issues, this article surveys recent defective pricing cases, specifically those decided since the turn of the century.
This article covers how a small business government contractor can qualify, find opportunities, and thrive in this space. HUBZone-certified businesses not only gain eligibility for set-aside contracts but also receive a 10% price evaluation preference in full and open contract competitions.
Welcome back to the Cost Corner, where we provide practical insight into the complex cost and pricing requirements that apply to Government contractors. This article addresses the applicability of the FAR Cost Principles and their general criteria for determining the allowability of costs.
What is the Truthful Cost or Pricing Data Act, formerly known as the Truth in Negotiations Act? When are contractors and subcontractors required to provide certified cost or pricing data? View the full article Cards Face Up Nicole Owren-Wiest and Erin Rankin talk TINA.
View the full article The post GSA Clarifies Permissibility of Upfront Payments for Software-as-a-Service Offerings appeared first on Government Contracts Legal Forum.
In this article, we’ll explore key aspects of government construction projects and provide insights to help you secure contracts and achieve success. However, navigating the complex world of public sector contracting can be challenging.
Welcome back to the Cost Corner, where we provide practical insight into the complex cost and pricing requirements that apply to Government contractors. This article begins coverage of FAR 31.205, Selected Costs, which includes forty-seven Cost Principles, each of which governs the allowability of a particular type of cost. NASABCA No.
This article will explore what is prime contractor roles, responsibilities, and the importance of prime contractors in government projects. Differentiating your company through technical excellence, innovative solutions, and competitive pricing can also increase your chances of winning contracts.
The following article discusses the various steps of contract management and its role in procurement efficiency. One of the greatest sources of contract disputes is how to handle price increase requests where there is no clear contract language. But first a definition of efficiency.
Despite negotiations, GBO notified CAI that the agreement was terminated, alleging several breaches. Commonly, the grounds for annulment are similar to the grounds for refusing to recognize an award under Article V of the New York Convention ( e.g. , Article 34 of the UNCITRAL Model Law ).
The Justice Department announced yesterday that it was enjoining a whistleblower suit charging Navistar Defense LLC with FCA (False Claims Act) violations by submitting fraudulent invoices to support inflated prices for commercial parts under its contract to supply MRAP (mine-resistant, ambush-protected) vehicles to the Government.
Our previous article focused on the first three guiding cases (Guiding Cases 196, 197, and 198) which addressed several critical issues related to arbitration agreements. This article elaborates on the context and pivotal holdings of the three remaining cases—Guiding Cases 199, 200, and 201. As a case in point, in Sun Dingshang v.
The lead story in this Wall Street Journal article makes me sick. Johnston best of luck in her next pricenegotiation with a “proven enterprise technology company.” In the article, Ms. I sincerely wish Ms. And I sure as hell hope they call her bluff. So, please, be genuine.
23, 2022) provides new authority for some defense contractors and subcontractors to obtain price increases that address the impacts of inflation. The new authority is welcome relief for contractors and subcontractors holding fixed-price defense contracts, which typically do not allow a price increase due solely to inflation.
With pre-approved products, GSA MAS provides agencies the following: Faster acquisitions by eliminating costly and time-consuming RFPs Pre-qualified contractors government can connect with Pre-negotiated terms and conditions, and competitive prices. To read more about this approach, check out this recent report.
This is, in the words of Italy’s diplomacy , “to have secure, stable and predictable supplies at competitive prices for households and businesses, without failing to meet the binding commitment to long-term sustainability…” under the Paris Agreement.
Requirements for Fixed Amount Awards and Subawards Section 200.201(b)(1) states that fixed amount awards must be negotiated using the cost principles (or other pricing information) as a guide, and may be used if accurate cost, historical, or unit pricing data is available to establish a reasonable estimate of actual costs.
States can negotiate better pricing because of the anticipated higher volume of business when they open these contracts to local government. This article appeared in our guide, “Building Trust With Tech In State and Local Government.” That works in everyone’s favor. Everyone is a target,” Ward said. “We
This article, which compares public and private procurement, gives suppliers the confidence to move in both markets. Furthermore, private businesses have more flexibility in pursuing informal tendering procedures or direct negotiation with suppliers. However, private-sector procurement is much more flexible.
The agreed price was USD 337,500 per month, at a rate of USD 2,500 per ton, resulting in a total of USD 4,050,000, payable in 12 months. On February 6, 2020, the Buyer paid the Seller – as an advance payment and against the fixed price – the total amount of USD 101,250. of the CPC. of the CPC.
A discussion between economist Gustavo Franco (former President of the Brazilian Central Bank) and arbitrator Maurício Almeida Prado (MAP Negotiation and Arbitration, Partner) ensued, dealing with “Business Contracts and Dispute Resolution in Times of Instability,” particularly in the Brazilian context. Fairbairn [1942]; Taylor & Anor v.
The construction industry has not been immune from this general trend, with steel prices rising 200% and lumber prices soaring as high as 288% at different points in 2021. Federal contractors performing on a firm-fixed-price contract don’t usually have the same option. ” FAR 16.203-1. 62223, 21-1 B.C.A. ¶
If you have ever read an article about Procurement best practices, you know that a very small minority of teams are categorized as leaders and an equally small minority are considered laggards. It is just as valid to sign a contract extension with an incumbent supplier as it is to run a full RFP and intensive negotiation process.
This article considers the reasons why parties often choose to seat their arbitration in a foreign jurisdiction, looking in particular at commercial contracts in Pakistan with an arbitration clause seating the dispute in London. These are important considerations for contracting parties negotiating the seat of arbitration in any contract.
Submission of bids: Businesses can submit bids in response to solicitations, outlining their proposed solutions and pricing. Contract management software: Contract management software can help businesses manage the contract lifecycle, from initial negotiation to contract closeout.
Submission of bids: Businesses can submit bids in response to solicitations, outlining their proposed solutions and pricing. Contract management software: Contract management software can help businesses manage the contract lifecycle, from initial negotiation to contract closeout.
In this article we’ll explore the available options and show the advantages and disadvantages of each. If the lead agency that negotiates the contract has more experience than your organization, you can benefit from their expertise. And the pricing under these contracts may not be the absolute lowest.
During the training, Jason, Liam, and Alex will cover the following topics and more: Pricing – Transactional Data Reporting (TDR)/Commercial Sales Practices (CSP); Domestic Preferences; Supply Chain; Enforcement/Mandatory Disclosure/Ethics; Sustainability Requirements/Policy; and Bid Protests Update. Polansky v.
Similar clauses appear close in the visualization, for example, those with pricing/licencing information would be grouped. We hope this article makes it clear to those interested, about the use case of AI technologies for contract analysis and the application of language understating capabilities.
Similar clauses appear close in the visualization, for example, those with pricing/licencing information would be grouped. We hope this article makes it clear to those interested, about the use case of AI technologies for contract analysis and the application of language understating capabilities.
This article delivers a concise guide on effectively using SAM, from completing your registration to enhancing your contracting strategy. To thrive in federal contracting, having an active registration on SAM is non-negotiable. Diving into government contracting with SAM requires a clear roadmap to success.
The most important innovation, acknowledging the weakness of the existing mechanisms, such as transfer pricing and thin capitalization rules, is the transfer of income from low tax countries to other countries with taxation rates over 15%. In an open and globalized economy, these two problems affect all countries.
Contractors should track and document any changes in workload to ensure that any increases in scope and associated cost or price adjustments are appropriately reflected in a contract modification. On fixed-price contracts, any recovery from the government will likely depend on whether the contractor is entitled to an equitable adjustment.
Per SBA, “[w]here the purchasing concern is not able to fulfill the requirements of the existing mentor-protégé agreements as written,” the protégé should be able to either negotiate a revised MPA with the purchasing concern or terminate the MPA if the protégé believes the new entity is not a good fit. View the full article
This article breaks down the essential rules every contractor needs to know. The FAR covers various aspects, including contract formation, administration, pricing, and subcontracting standards, ensuring a standardized approach to federal procurement.
Department of Labor (“DoL”), Bureau of Labor Statistics (“BLS”), September 13 Consumer Price Index (“CPI”) Summary states that “[o]ver the last 12 months, the all items index increased 8.3 1] Similarly, the BLS September 14 Producer Price Index (“PPI”) Summary states that “[o]n an unadjusted basis, the index for final demand moved up 8.7
A future article in the Friday Flash will provide more details on the requirements in these DFARS clauses. The first group of negotiatedprices are for 10 Medicare Part D drugs that treat a variety of conditions including cardiovascular disease, diabetes, autoimmune diseases and cancer.
This article cuts through complexity to address when sole sourcing is necessary, the justification process, and how to manage the associated risks. This must be demonstrated along with ensuring the price is fair and reasonable. Navigating sole source procurement? This indicates the presence of competitive market alternatives.
See the article above for more details. Pharmaceutical Pricing Summer Webinar Series Welcome to the “Pharmaceutical Pricing Fun in the Sun Summer Webinar Series”! Join us for five weeks in July and August as we dive into the intricate and dynamic world of pharmaceutical contracts and pricing.
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.
This article provides an overview of Mongolia’s international investment climate and explores recent developments. Since 2016, Mongolia has been working to establish a new model BIT to guide the negotiation of new BITs and the renegotiation of existing BITs. Mongolia’s International Investment Climate A. million in 2015.
It was very in-depth, and it had proposals to modernize the program, one of which is to add, a level of competition to the program to ensure that the contractors are performing with excellence and that there’s a chance to do a price competition potentially every five years for the contracts. We don’t.
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