LexBlog: Contracts & Procurement

NOVEMBER 22, 2022

In terms of differences, REAs are generally less formal than Claims and amount to a request for negotiated settlement of a disputed amount. But do note that REAs above the simplified acquisition threshold submitted to agencies in the DoD require a two-prong certification. What If the Government Rejects the REA (or Fails to Respond)?

Negotiation 40

Negotiation Consulting Thresholds Contract 40

Government Contracts & Investigations

OCTOBER 11, 2023

The Cost Principles also apply to the determination, negotiation, and allowance of costs whenever required by a contract clause. [6] 7] Examples of contract clauses that incorporate the FAR Cost Principles include the Allowable Cost and Payment clause, [8] and the standard Termination for Convenience clauses. [9] 19] KBR Servs.,

Price 52

Price Government Contracts Government Government 52

Procurement Notes

MARCH 5, 2024

To be at the 100-employee threshold, the employer must be a “business enterprise that employs— (i) 100 or more employees, excluding part-time employees; or (ii) 100 or more employees, including part-time employees, who in the aggregate work at least 4,000 hours per week, exclusive of hours of overtime.” [57] 12, § 12-801 (Nov. FAR 31.205-32.

Government Contracts 52

Government Contracts Government Government Contract 52

Procurement Notes

OCTOBER 10, 2022

EPA Clauses The FAR If a contractor has a contract with a Federal Acquisition Regulation (“FAR”) Economic Price Adjustment (“EPA”) clause—which was designed to protect the Government and the contractor from cost fluctuations—then at least a partial remedy should be available through that clause. [17] See, e.g., CESC Plaza Ltd.

Government 40

Government Government Price Contract 40

The Coalition for Government Procurement

NOVEMBER 2, 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.” It also prescribes and/or recommends additional data collection requests for FSS contractors.

Supply Chain 52

Supply Chain Price E-procurement Contract 52