Government Contracts Legal Forum

APRIL 3, 2024

To set the groundwork for future episodes, Nicole Owren-Wiest and Erin Rankin talk fundamentals: What is the purpose behind the often counter-intuitive and complex government contracts cost and pricing rules? What are the various price analysis techniques available to the world’s largest buyer of goods and services? “It

IT 52

IT Buyers Price Government Contracts 52

Scottish Government Procurement

SEPTEMBER 25, 2024

As well in June, we had Meet the Buyer National, a great event that took place in Hampden Park in Glasgow, where businesses, social enterprises, and third sector organisations, all came together with Scottish public procurers. A really good and enjoyable event. We’ve also published updates to the Client Guides construction project.

Procurement 58

Procurement Buyers Public Procurement Supplier 58

Government Contracts & Investigations

OCTOBER 11, 2023

Welcome back to the Cost Corner, where we provide practical insight into the complex cost and pricing requirements that apply to Government contractors. Applicability of the FAR Cost Principles The FAR Cost Principles apply to the “pricing of contracts, subcontracts, and modifications whenever cost analysis is performed.” [1]

Price 52

Price Government Contracts Government Government 52

Kluwer Arbitration

AUGUST 12, 2024

In this case, Mundra, India, was the discharge port, such that the price included transportation to and unloading at Mundra. The Goods arrived at Mundra in June 2017, but the Buyers failed to make payment prior to arrival. The Court dismissed the appeal, holding that the Buyers had not shown the Tribunal had erred in law.

Buyers 52

Buyers Price Purchasing Freight 52

Open Contracting Partnership

MARCH 28, 2024

Case studies: In Colombia , rather than the government trying to document and standardize all possible technologies, the framework agreements created for the IT sector link directly to the providers’ public web pages, which list all of their services and prices.

Procurement 137

Procurement Framework Agreement IT Public Private Partnership 137

Federal News Network

OCTOBER 25, 2024

The General Services Acquisition Regulation (GSAR) and the Federal Acquisition Regulation (FAR) set forth the policies and procedures for the evaluation and negotiation of “fair and reasonable” contract level pricing under the Federal Supply Schedule (FSS) program. Price protections — most favored nations clauses. See FAR 8.001.

Negotiation 59

Negotiation Price Government Government 59

Federal News Network

AUGUST 1, 2024

In general, M&A is a big consideration on the buyer side and the seller side. I often hear from small contractors that they weren’t considering a sale until a buyer approached them. For the buyer, there should be a strong business case for acquiring the contractor. subsidiary), then buyers may avoid novation.

Buyers 59

Buyers Purchasing Government Contracts Contract 59

American City & Country

SEPTEMBER 27, 2024

This is more than just the flat price of the new technology. Witt says he often points government buyers to the following quote as they begin any initiative: “If you can’t describe what you are doing as a process, you don’t know what you’re doing.” – Dr. W.

Total Cost of Ownership 111

Total Cost of Ownership Cost of Ownership Buyers Buying Process 111

Federal News Network

NOVEMBER 3, 2023

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.

Price 90

Price Evaluation Negotiation Purchasing 90

NASPO

JULY 31, 2023

When states open their commodity purchases to local government buyers, they spread the benefits of the volume pricing, experienced procurement teams and the streamlined contracting process so communities can get the products and services they need faster and at a better price. READ MORE

Government 52

Government Government Buyers Procurement Team 52

The Procurement School

NOVEMBER 18, 2022

Characterized as one of a few players in a market which control pricing or supply such as foods, communications, airlines, or office supplies. You may not be able to do much on the pricing but there are many more issues which can be quantifiable and an advantage to you. Where can you find leverage?

Negotiation 52

Negotiation Buyers Price Procurement 52

SmallGovCon

APRIL 26, 2024

In federal government contracting news this week, be sure to check out the stories about the new sustainability rules (and our recent blog ), as well as new legislation on solicitation language and buying technology.

Sustainability 89

Sustainability Buyers Government Contracts Price 89

American City & Country

OCTOBER 8, 2024

Mitchell warns that “Agencies may have poor outcomes when a Lowest Price Technically Acceptable (LPTA) solicitation is awarded, and the public entity then goes completely hands-off and simply expects perfection with the final deliverable.” An agency’s tech-buying team should be highly inclusive with a variety of skills, Mitchell says.

Import 111

Import Price Competitive Bidding Change Management 111

ivalua

MARCH 18, 2021

The Strategic Sourcing modules of Ivalua allow Punch Powertrain buyers to define Purchasing needs collaboratively, consolidate the tendering documents and ease costing by suppliers (cost breakdown files, dialogue with the projects on technical feasibility).

Strategic Sourcing 98

Strategic Sourcing E-auction Automotive Total Cost of Ownership 98

Kluwer Arbitration

MARCH 1, 2024

In one case , the sole arbitrator ruled that, under the CISG and the UNIDROIT Principles, a buyer could not offset damages for late delivery against the purchase price.

Buyers 52

Buyers Corruption Price Purchasing 52

Kluwer Arbitration

FEBRUARY 3, 2024

Two weeks later, the Buyer and Grain Power LLC (Guarantor) – another Ukrainian agricultural company – entered into an additional agreement to the Contract under the terms as per which the Guarantor assumed all obligations of the Buyer arising from the Contract (Additional Agreement).

Buyers 98

Buyers Contract Price Purchasing 98

Federal News Network

MARCH 25, 2024

Multiple Award Schedule (MAS) Price Evaluation. Significantly, the Federal Acquisition Service (FAS) is revising its guidance to contracting officers regarding the evaluation/negotiation of MAS contract pricing. How is that data validated and being used to avoid bias? Sustainability. The world, however, has changed in four decades.

Procurement 59

Procurement Supply Chain E-procurement Buyers 59

The Coalition for Government Procurement

OCTOBER 25, 2024

The General Services Acquisition Regulation (GSAR) and the Federal Acquisition Regulation (FAR) set forth the policies and procedures for the evaluation and negotiation of “fair and reasonable” contract level pricing under the Federal Supply Schedule (FSS) program. Price protections- most favored nations clauses. See FAR 8.001.

Negotiation 40

Negotiation Price Government Government 40

Open Contracting Partnership

SEPTEMBER 3, 2024

Since launching their platform in 2020, Diegues and Blanco have built a set of digital tools and data analytics services that have bridged the gap between more than 250 private sector users and public procurement buyers in six countries across Latin America. As simple as it may seem, a price monitor is one of the most complex tools to make.

Data 57

Data Public Procurement Tender Price 57

Federal News Network

NOVEMBER 12, 2024

And that is an enormous change in available information where you could come in as a government buyer and you could say, ‘I would like to see someone who has a small business doing janitorial services in Hershey, Pennsylvania, and has an active contract and is a small businesswoman owned.’ This is fair and equitable.

Data 90

Data Procurement Price Efficiency 90

Tracker Intelligence

AUGUST 4, 2024

Additionally, you can address specific needs by directly responding to any pain points the buyer has highlighted. Demonstrate Value Next, make sure to clearly articulate a potential solution that will benefit that buyer. Not Asking For Feedback Be proactive with asking for feedback from private sector buyers.

Tender 52

Tender Contract Buyers Supply Chain 52

Select GCR

NOVEMBER 5, 2024

Understanding a Proposal for Bid A bid proposal is more than just a price offer; it is a comprehensive document that outlines specific plans for a project, including the timeframe and costs involved. By offering more than just a price, a bid proposal helps clients understand why your company is the best choice for the project.

Bidding 52

Bidding Price Quality Budget 52

Open Contracting Partnership

SEPTEMBER 9, 2024

Here is Colombia setting up an open framework to better connect buyers and sellers in an orderly and transparent manner. Meanwhile, Germany used buyers lists with specified maximum prices as another effective tool. The market is disrupted, buyers and suppliers urgently need to connect.

Procurement 74

Procurement Corruption Transparency Buyers 74

Public Contracting Institute

NOVEMBER 24, 2023

A legislative proposal to change how GSA Schedule contracts meet the terms of the Competition in Contracting Act (CICA) and a proposed rule to modify the Schedules Economic Price Adjustment Clause are among the larger changes GSA announced for the Multiple Award Schedules program at last week’s Coalition for Government Procurement Fall Conference.

Contract 52

Contract Price Buyers Government Contracts 52

Federal News Network

FEBRUARY 9, 2024

Back then, when the MAS was a mandatory source and was limited to products, like office supplies, many in government interpreted the “lowest cost alternative” to default to lowest price, as price was the most discriminating factor. Forty years later, the MAS program is no longer a mandatory source.

Price 52

Price Quantity Quality Import 52

The Coalition for Government Procurement

MARCH 22, 2024

Multiple Award Schedule (MAS) Price Evaluation. Significantly, the Federal Acquisition Service (FAS) is revising its guidance to contracting officers regarding the evaluation/negotiation of MAS contract pricing. How is that data validated and being used to avoid bias? Sustainability. The world, however, has changed in four decades.

Procurement 49

Procurement Supply Chain E-procurement Buyers 49

ivalua

JULY 13, 2022

Buyers are expected to scrutinize every aspect of the purchasing process to identify ways to reduce their carbon footprint, source sustainable materials, and promote diversity. As the sourcing function evolves, digital procurement technologies have become crucial tools for buyers to capture and report their sustainability achievements.

Sustainability 52

Sustainability Buyers Supplier E-procurement 52

The Coalition for Government Procurement

NOVEMBER 3, 2023

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.

Price 49

Price Evaluation Negotiation Purchasing 49

Federal News Network

DECEMBER 5, 2023

And that is the way in which Congress could change the venerable multiple awards schedule system by changing the pricing basis of it. So it gets cost and other factors, not just the bottom line price you pay. Certainly there is a place in some acquisitions for a low price technically acceptable.

Price 59

Price Buyers Contract Government 59

How to Crack a Nut

APRIL 4, 2023

The one finding that should definitely not go unnoticed is that, according to DRCF, ‘ Buyers can lack the technical expertise to effectively scrutinise the [algorithmic systems] they are procuring, whilst vendors may limit the information they share with buyers ’ (at 9). This is extremely worrying.

Procurement 52

Procurement Buyers IT Public Procurement 52

The Coalition for Government Procurement

FEBRUARY 9, 2024

Back then, when the MAS was a mandatory source and was limited to products, like office supplies, many in government interpreted the “lowest cost alternative” to default to lowest price, as price was the most discriminating factor. Forty years later, the MAS program is no longer a mandatory source.

Price 45

Price Quantity Quality Import 45

Select GCR

MAY 7, 2024

Securing a contract involves preparing a competitive proposal that meets the solicitation document’s requirements, developing effective pricing strategies that balance competitiveness with profitability, and potentially navigating subcontracting and partnerships.

Government Contracts 98

Government Contracts Government Government Contract 98

AWS Public Sector

FEBRUARY 29, 2024

According to Forrester, “AWS continues to raise the bar for transacting and contracting, with real dollar benefits…[and] continues to work with procurement executives and other technology buyers to ensure its marketplace is solving their buying challenges.”

Government 80

Government Government Purchasing Negotiation 80

ivalua

APRIL 20, 2021

Leveraging purchasing power to capture volume- based pricing within a competitive supply chain builds sticky relationships with healthy suppliers, keeps input costs low, and acts as a hedge against inflation. The reality is, to turn inventory, make the sale, and then collect funds takes most buyers over 30 days. Is it worth it?

Efficiency 52

Efficiency Buyers Supply Chain Supplier 52

Federal News Network

JANUARY 30, 2024

I think that the nature of service buyers, typically, they’re going to be over the simplified acquisition threshold, for all but the most modest types of programs. The idea being that they would actually use that information to look at driving lower day to day pricing on the schedules program. And we’re kind of here.

Price 59

Price Thresholds Buyers Data 59

Scottish Government Procurement

AUGUST 31, 2023

This one-day event, which runs alongside Procurex Scotland, attracts over 500 cross sectoral buyers, heads of department and contract managers responsible for managing the national public procurement expenditure of £14.5+ We are delighted to bring you details of the Scottish Government 18 th National Procurement Conference. billion a year.

Procurement 52

Procurement Government Government Public Procurement 52

Select GCR

SEPTEMBER 3, 2024

Legitimate sole source situations require thorough justification, including market research and analysis, evidence of unique expertise or specialized needs that only one vendor can fulfill, and a demonstration that the price is fair and reasonable. This must be demonstrated along with ensuring the price is fair and reasonable.

Procurement 52

Procurement Supplier Price Competitive Bidding 52