Government Contracts Legal Forum

JUNE 11, 2024

In this episode, they dive into the definition of cost or pricing data. It All Adds Up” is Crowell & Moring’s podcast covering the latest government contract accounting, cost, and pricing developments. It All Adds Up Nicole Owren-Wiest and Erin Rankin continue their discussion of TINA.

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Government Contracts Government Government Contract 52

Federal News Network

OCTOBER 22, 2024

But under price changes up or down, that has ebbed and flowed over the years. And so what should companies do on the pricing front to maintain what it is GSA wants as, I guess, the best customer? And so what should companies do on the pricing front to maintain what it is GSA wants as, I guess, the best customer?

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Government Government Price Supply Chain 105

Government Contracts Legal Forum

JUNE 27, 2024

3455 to provide additional guidance regarding data requirements needed to support determinations of commerciality and price reasonableness under procurements for major weapon systems. The final rule also impacts the government’s price reasonableness analysis for products relying on the “minor modification” definition.

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Procurement Price Data Government Contracts 52

WashngtonExec

FEBRUARY 5, 2024

J&J Worldwide Services, a portfolio company of Arlington Capital Partners, has entered into a definitive agreement to be acquired by CBRE Group, Inc., The initial purchase price is $800 million in cash, plus a potential earn-out of up to $250 million, payable in 2027 and subject to [.]

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Price Purchasing 52

Federal News Network

NOVEMBER 17, 2023

As one of three major acquisition policy changes GSA is seeking over the next year, the proposal would remove language in the schedules program that many blame for why agencies use lowest price, technically acceptable (LPTA) still too often. Koses said CICA change would help contracting officers as well as companies alike.

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Price Supply Chain Risk Management Contract 105

Federal News Network

MAY 30, 2024

Just this month, the Defense Pricing and Contracting unit issued a memo underscoring that authority. And so that group includes small businesses, who, by definition, are exempt from the cost accounting standards. For why this matters , The Federal Drive with Tom Temin talked with Haynes & Boone procurement attorney Dan Ramish.

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Supplier Innovation Price Accountability 104

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.

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Government Contracts Advisor

MAY 31, 2023

Court of Appeals for the Federal Circuit (“CAFC”) dismissed a contractor’s appeal of a contracting officer’s unilateral price definitization on two undefinitized contract actions (“UCAs”). In a unanimous decision, the U.S.

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Price Government Government Contract 52

Government Contracts & Investigations

FEBRUARY 29, 2024

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. Manos, Government Contract Cost & Pricing § 13:3 (2023). [24] DCAA, DCAM ¶ 6-413.1.c. 10] FAR 31.205-6(b)(1). [11] 18] See FAR 31.205-6.

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Price Government Contracts Government Government 52

GovCon & Trade

DECEMBER 18, 2023

The GAO decision provides an in-depth look at the high evidentiary bar associated with proving governmental bias in bid protests and the need to have definitive evidence before making such a claim. The solicitation provided that the agency would evaluate offerors using the procedures outlined in FAR section 13.106-2(b)(4)(ii).

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Bidding Contract Evaluation Price 147

Public Contracting Institute

JULY 23, 2024

The decision was mixed, depending on the type of pricing was in the various CLINs and the issue of whether a release applied. Claim for full amount in task order Vectrus claimed it was entitled to the full amount in Task Order 63, because it was a fully funded, fixed price contract that set forth definite, not estimated quantities.

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Government Contracts & Investigations

JANUARY 19, 2024

Welcome back to the Cost Corner, where we provide practical insight into the complex cost and pricing requirements that apply to Government contractors. 26] CAS 418 includes definition and concepts similar to FAR 31.202 and FAR 31.203. 28] CAS 418 requires the accumulation of indirect costs in indirect cost pools. [29]

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Price Government Contracts Government Government 52

Federal News Network

SEPTEMBER 11, 2024

We’re definitely are looking at innovation from places like the Homeland Security Department’s Procurement Innovation Lab (PIL) and what they have,” MacGillis said. “We’re MacGillis said the training and documents are part of how the DC3oE is creating a culture change.

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Contract Innovation Electronics Networking 111

Public Contracting Institute

MAY 23, 2024

As we prepare for our 11th episode of Season 11, here are a few FAR Facts for us to think about: Contract types are grouped into two broad categories: fixed-price and cost-reimbursement contracts. FAR 16.101(b). Contract types that are not described in the FAR shall not be used, except as a FAR subpart 1.4 FAR 16.102(b). FAR 16.504(b).

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Quantity Price Contract Accountability 52

Federal News Network

NOVEMBER 12, 2024

I think when it comes to price delivery, a thriving marketplace, and then certainly compliance will all be informed by how well and how robust our data story is. So I think that TDR for us is the future of ensuring that we are providing a good price and that the product is actually being delivered in a timely way. We cannot assume not.

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Data Procurement Price Efficiency 90

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.

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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.

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Price Quantity Quality Import 52

Inside Government Contracts

MARCH 12, 2024

FHWA is proposing that the definitions of component, manufactured product, and manufacturer be substantially similar to those used in the BABA implementing rule, only making minor changes to account for FHWA’s category of “excluded materials” discussed below. Comments on the RFI are open until May 13, 2024.

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Manufacturing Transportation Transportation Electronics 147

Federal News Network

APRIL 19, 2024

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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Procurement Negotiation Price Transparency 93

The Procurement School

JULY 16, 2024

But first a definition of efficiency. One of the greatest sources of contract disputes is how to handle price increase requests where there is no clear contract language. The best method is an evidence-based approach showing the underlying cause of the price increase.

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Efficiency Procurement Contract Supplier 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.

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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. And the specific part of the Competition and Contracting Act is the portion that says using multiple award schedule contracts meets the definition of the Competition and Contracting Act.

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Price Buyers Contract Government 59

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.

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Price Quantity Quality Import 45

Import and Trade Remedies

MARCH 27, 2024

To achieve this it will impose a carbon price on imported goods with the aim of levelling the playing field and ensuring that imported goods are subject to a carbon price that is comparable to that incurred by manufacturers based in the UK. The CBAM proposal forms part of the UK government’s wider strategy to tackle carbon leakage.

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Consulting Thresholds Price Import 45

Public Contracting Institute

OCTOBER 3, 2024

Schedule contracts provide for an extensive volume of competitive cost/price offerings. Achieving best value success also through the use of competitive pricing is also government policy and practice. Other than the provision of more competitive pricing provided through use of GSA Schedule BPAs, some notable considerations follow.

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Purchasing Thresholds Price Accountability 52

Public Contracting Institute

OCTOBER 3, 2024

Schedule contracts provide for an extensive volume of competitive cost/price offerings. Achieving best value success also through the use of competitive pricing is also government policy and practice. Other than the provision of more competitive pricing provided through use of GSA Schedule BPAs, some notable considerations follow.

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Purchasing Thresholds Price Accountability 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. Definition of a Proposal for Bid A bid proposal is a detailed document that outlines the scope of work for a project.

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Bidding Price Quality Budget 52

Federal News Network

OCTOBER 18, 2023

Interview Transcript: Zach Prince Well, it really depends on how the FAR council ends up refining the definitions. The FAR council said that in the proposed rule, because it touches anybody that has a contract, that includes some information and communication technology, which is a hugely broad definition of things. Tom Temin Sure.

Bidding 105

Bidding Contract Government Government 105

Federal News Network

OCTOBER 1, 2024

These employees would have to do everything from managing contracts to keeping up with pricing changes to keeping on top of all the legal and cybersecurity compliance requirements and much more. It definitely would’ve piqued my interest when I was on the Hill,” the former staff member said. “I Why take the risk?

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Supply Chain Price Government Government 116

Kluwer Arbitration

MAY 23, 2024

Relying on this definition, the Claimants argued that KS&T’s emission allowances constituted “property” and therefore qualified as an investment under NAFTA. Property” is commonly included in the definition of “investment” in investment treaties, but many treaties do not expressly define “property.” The Koch v.

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Participation Purchasing Accountability Price 75

Federal News Network

JUNE 4, 2024

And I think the labor market is definitely an area of challenge that a lot of contractors are facing, not just this particular issue, but just in general. Absent that, we definitely don’t want them manufactured in places like China or North Korea or Russia. That kind of provision and insertion we’ve never seen before.

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Government Government Supply Chain Manufacturing 138

Kluwer Arbitration

NOVEMBER 19, 2024

Article 40 of this Law implements EU Regulation 1854/2022 , which was adopted following the Russian invasion of Ukraine as a response to significant price increases in the electricity market. The Regulation introduced, among other actions, a windfall profits tax (the “solidarity contribution”).

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Price Integration Integrity Corruption 52

Redstone Government Consulting

FEBRUARY 22, 2024

We need to consider some of the definitions in FAR part 2 : How does the Government define construction?

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Government Government Price Accountability 52

Public Contracting Institute

JUNE 26, 2024

A recent decision by the Civilian Board of Contract Appeals (“Board”) demonstrates how careful and definitive a contractor must be (and, of course, an agency must be) in order to incorporate material by reference in a government contract. This document included the final pricing, and was the same as the final purchase order issued to CIH.

Contract 52

Contract Price Government Contracts Purchasing 52

The Coalition for Government Procurement

APRIL 19, 2024

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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Procurement Negotiation Price Transparency 49

Federal News Network

JANUARY 30, 2024

But it’s not intended to be an automatic stop on, awarding task orders to other than small businesses, but it is definitely intended to switch the balance of power so that the presumption going in is in favor of small businesses. And if you want to keep it on schedule, you have to lower your price. And we’re kind of here.

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Price Thresholds Buyers Data 59

Import and Trade Remedies

NOVEMBER 13, 2023

1] Similarly, with respect to goods imported under an inward processing regime, the Commission’s practice is inconsistent; it has excluded such imports in determining export price in some cases, while in other instances, it has included such imports. [2] Depending on the topic, a wider or targeted advocacy approach may be helpful. [1]

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Import Export Negotiation Price 45