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Keeping with the title and theme of the Coalition’s Fall Training Conference, “ What is Fair and Reasonable,” this week’s blog addresses what is fair and reasonable transparency. Look for next week’s blog to continue the focus on “What is fair and reasonable transparency?” Transparency is in the government’s interests.
Requests for equitable adjustment are considered negotiations rather than litigation, and under FAR 31.205-33 , contractadministration costs are allowable costs. Generally, costs in preparing requests for equitable adjustment are considered part of the negotiation process, and so are considered contractadministration costs.
This column was originally published on Roger Waldron’s blog at The Coalition for Government Procurement and was republished here with permission from the author. This “internal” guidance outlines a host of evaluation and negotiation directives, standards, and considerations for FSS contracting officers.
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.” It also prescribes and/or recommends additional data collection requests for FSS contractors.
Significantly, TDR also reduces burdensome contractadministration costs for GSA and its MAS contractors by eliminating the Price Reduction Clause (PRC). The PRC is a vestige of the 1980’s MAS program and serves as a significant barrier to entry.
This approach drives uncertainty in the MAS market and fundamentally discourages contractors from adding new, innovative items to their contracts for fear of being locked in contract Purgatory while essentially starting over negotiations for all items on their contracts.
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.” It also prescribes and/or recommends additional data collection requests for FSS contractors.
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