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Government Contracts Cost and Pricing: The Truth in Negotiations Act, or Whatever the Kids Are Calling It These Days (Part 3)

Government Contracts & Investigations

Welcome back to the Cost Corner, where we provide practical insight into the complex cost and pricing requirements that apply to Government Contractors. 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]

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Performance Risk is Intrinsic to Stated Evaluation Factors

Public Contracting Institute

In a recent protest, the Government Accountability Office (“GAO”) held that although performance risk was not specifically listed as an evaluation criterion, an agency may always consider risk that is intrinsic to the stated evaluation factors. South Dade A/C and Refrig., B-421406, April 25, 2023.

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Bid Protest Minute: The High Bar to Proving Contract Officer Bias

GovCon & Trade

By: Richard Arnholt On November 8, the Government Accountability Office (GAO) denied an unsuccessful bidder’s protest that asserted the Veteran Administration’s (VA) evaluation of Texas Waste Company’s past performance was unreasonable and reflected the Contracting Officer’s (CO) bias.

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The Bid Evaluation Process

The Procurement ClassRoom

As the field of Procurement is still evolving and scholars don’t seem to subscribe to universal definition of concepts such as what constitute the procurement cycle, this article does not make reference to any textbook or academic publication. Bid evaluation is the responsibility of a body known as the Bid Evaluation Panel.

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What the FAS Pricing Guidance Says and Doesn’t Say About Order Level Competition

The Coalition for Government Procurement

This week, in the spirit of “Fair and Reasonable Transparency,” the Coalition submitted to the Federal Acquisition Service (FAS) feedback on its “ FAS Policy and Procedure (PAP) 2021-05, Evaluation of FSS Program Pricing.” Beyond the non-mandatory nature of the FSS program, all task and delivery orders are governed by the FAR 8.4

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Thoughts on what is fair and reasonable?

Federal News Network

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.

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The Cost Corner: Government Contracts Cost and Pricing – Compensation for Personal Services (Part I)

Government Contracts & Investigations

Welcome back to the Cost Corner, where we provide practical insight into the complex cost and pricing requirements that apply to Government contractors. 1] This definition is quite broad. 42] Evaluation at the job class level reduces the risk that the DCAA will challenge the compensation paid to individual outliers.

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