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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

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]

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Multiple Award Schedule (MAS) Pricing Paradoxes

The CGP

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.

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Procurement flow-downs can’t be one-sided

Federal News Network

These regulations and associated guidance address a host of contracting officer responsibilities, including but not limited to, proposal evaluation, negotiations, price and/or cost analysis, data rights, and foreign acquisition ( e.g. , TAA). For this reason, procurement policy flow-downs cannot be one-sided. It does not.

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A Reminder for Parties to Protect Themselves from Future Risk by Drafting Contracts That Fully Reflect Their Intentions

Government Contracts & Global Trade

On May 17, 2023, Fintech’s CEO informed Thompson that Fintech declined to submit a proposal to Walmart because it had been negotiating its agreement with GA and did not want to threaten that transaction in any way. Fintech’s CEO would hold one of the positions. Again, the court found the theory not to be a reasonably conceivable inference.

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It’s the Most Wonderful Time for New DOD Flow Down Policies: Flowing Down Too Many Clauses Will Get Prime Contractors More Than a Lump of Coal

Government Contracts & Investigations

The Final Rule only impacts DOD contracts – this only is a regulatory change to the text of the DFARS, meaning contractors may still be subject to a plethora of additional, non-mandatory terms when negotiating with civilian agencies. For more on the revised definition of “subcontract,” see our discussion here ).

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Evolution of Kosovo’s Investment Arbitration Law: Defining the Foreign Investor and the State’s Role in Arbitration

Kluwer Arbitration

Notably, it broadens the definition of foreign investors while removing the principle of dual nationality, eliminates open consent to arbitration, and grants Kosovo the right to seek compensation for damages caused by investors.

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Thoughts on what is fair and reasonable?

Federal News Network

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.

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