Government Contracts & Investigations

SEPTEMBER 25, 2023

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. 3] TINA defines cost or pricing data to mean all facts that, as of the relevant date, a prudent buyer or seller would reasonably expect to affect price negotiations significantly. [4]

Negotiation 98

Negotiation Price Government Contracts IT 98

How to Crack a Nut

OCTOBER 6, 2023

The model AI clauses have been developed by reference to the (future) obligations arising from the EU AI Act currently under advanced stages of negotiation. This would directly translate into a risk of gaming (or strategic opportunism) in the choice between ‘demanding’ vs light version of the model AI clauses by public buyers as well.

Buyers 88

Buyers E-procurement Transparency Procurement 88

The CGP

AUGUST 11, 2023

Contracting officers must assess, analyze, and apply these factors when reviewing an offeror’s proposal and negotiating fair and reasonable pricing. GSA, to its credit, deleted this language from its solicitation, but the impact of this language on contract negotiation still is rippling through the system.

Price 100

Price Negotiation Contract Thresholds 100

Federal News Network

NOVEMBER 3, 2023

This “internal” guidance outlines a host of evaluation and negotiation directives, standards, and considerations for FSS contracting officers. The PAP includes other directives and guidance that raise questions regarding equity and balance in the evaluation and negotiation of FSS pricing terms. Emphasis added.) See Section 2.

Price 78

Price Evaluation Negotiation Purchasing 78

How to Crack a Nut

FEBRUARY 24, 2023

However, to assess the (abstract) potential of procurement as a regulatory tool, it is worth distinguishing between practical and legal challenges, and to focus on legal challenges that would be present at all levels of public buyer capability. They are thus unlikely to operate as an adequate tool to support regulation by contract.

Procurement 52

Procurement Tender Buyers Contract 52

The Coalition for Government Procurement

NOVEMBER 3, 2023

This “internal” guidance outlines a host of evaluation and negotiation directives, standards, and considerations for FSS contracting officers. The PAP includes other directives and guidance that raise questions regarding equity and balance in the evaluation and negotiation of FSS pricing terms. Emphasis added.) See Section 2.

Price 49

Price Evaluation Negotiation Purchasing 49

How to Crack a Nut

OCTOBER 18, 2023

SCL AI Clauses The SCL AI clauses have a clear commercial orientation and are meant as a starting point for supplier-customer negotiations, which is reflected on the fact that the proposed clauses contain two options: (1) a ‘pro-supplier’ drafting based on off-the-shelf provision, and (2) a ‘pro-customer’ drafting based on a bespoke arrangement.

Supplier 73

Supplier Transparency Negotiation Procurement 73