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“Fair and Reasonable” MAS contract level pricing is impacted by a host of factors. Contracting officers must assess, analyze, and apply these factors when reviewing an offeror’s proposal and negotiating fair and reasonable pricing. Previous FAR & Beyond blogs regarding this topic can be found here and here.
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.
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]
If you are selling products/services under FAR 15 based contracts or subcontracts, submitting certified cost and pricing data and documenting other accounting and purchasing requirements that come along with it, when the products/services technically meet the definition of commercial under the FAR – it may be time to rethink your approach.
The definition of benchmarking according to the Oxford English Dictionary is: Evaluating (something) by comparison with a standard Benchmarking in procurement can take many forms, the most basic being, simply comparing quotes or bids from incumbent suppliers to ascertain the best value. Procurement is all about achieving value for money.
J&J Worldwide Services and CBRE Group have inked a definitive agreement for the latter's acquisition of the Arlington Capital Partners portfolio company for $800 million in cash.
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).
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.
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.
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?
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.
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.
Transportation Command has awarded 25 companies spots on a fixed-price indefinite-delivery/indefinite-quantity contract with an estimated cumulative face value of $750 million. The contract seeks to provide commercial port operations and related transportation services, the Department of Defense said Monday.
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
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.
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.
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.
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.
Court of Appeals for the Federal Circuit (“CAFC”) dismissed a contractor’s appeal of a contracting officer’s unilateral pricedefinitization on two undefinitized contract actions (“UCAs”). In a unanimous decision, the U.S.
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.
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 [.]
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?
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.
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]
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).
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.
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.
Dubbed Co-Pilot, it gathers data from various governmentwide procurement systems, and presents buyers with pricing histories, vendor information and other data to help their decisions. Say I’m a CO, I want to know what’s the best pricing or what are the pricing trends for product XYZ? Tom Temin Wow. What do I do?
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.
Before GAO got to a decision there, the agency took corrective action, held exchanges with Cogent and ASG, got revised quotations, and then decided that actually it was going to award to Cogent which had a substantially lower price. One was better on price, but it has a conflict of interest. So at that point, ASG protested here at GAO.
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.
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.
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.
Definition of Prime Contractor A prime contractor refers to an entity that receives a government contract to oversee and carry out a project. Differentiating your company through technical excellence, innovative solutions, and competitive pricing can also increase your chances of winning contracts.
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.
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. Evaluation Criteria Evaluation criteria are the standards against which bids are evaluated.
Leveraging the knowledge graph of legacy system with new requirements, AppPilot will assist data engineers to generate new data definition language (DDL) statements to define the target data store. As a lean cloud modernization organization working with federal agencies, Karsun needs security, privacy, scale, and price-performance.
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.
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.
I don’t think the whole story has been told, but I think the one thing that’s definite is that this is going forward. HomeSafe’s pricing was bid in 2019, and we’ve seen a lot of inflation in our industry. “I’ve got a lot of work to do to convince them,” he said in an interview with Federal News Network. “I
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.
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.
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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