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

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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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 93

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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Quantity Price Contract Government Contracts 52

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

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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Price Evaluation Negotiation Purchasing 68

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

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

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 Networking Electronics 59

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

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

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

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

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 74

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

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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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 133

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.

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Contract Bidding Government Government 94

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.

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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

Federal News Network

JULY 8, 2024

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?

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Contract Data Price Procurement 102

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

Public Contracting Institute

JULY 5, 2024

This standard ensures that costs are properly allocated to the correct time periods, promoting accuracy and fairness in contract pricing. The Fundamentals of CAS 406 CAS 406 requires contractors to use defined cost accounting periods consistently when estimating, accumulating, and reporting costs.

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Accountability Government Contracts Price Contract 52

Federal News Network

JULY 10, 2024

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.

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Bidder Contract Evaluation Data 92

The Coalition for Government Procurement

AUGUST 15, 2024

program requirements proposed at 32 CFR part 170; Add definitions for controlled unclassified information (CUI) and DoD unique identifier (DoD UID) to the subpart; Establish a solicitation provision and prescription; and Revise the existing clause language and prescription. . § The new prices will be effective Jan 1, 2026.

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E-procurement Supply Chain Price Procurement 52

Inter-American Development Bank

NOVEMBER 15, 2023

5- Carbon pricing mechanisms can help increase fiscal incomes. Since their implementation under the Kyoto Protocol, carbon pricing has gained popularity. There are various carbon pricing instruments and among the three most common are: carbon taxes (or green taxes), emissions trading systems and emissions credit markets.

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Finance Sustainability Price Budget 52

Government Contracts & Investigations

FEBRUARY 29, 2024

Although the protester offered the lowest price, the agency found its proposal was technically unacceptable because it did not meet the new characteristics. The protester argued the GAO should use the evaluated price for jurisdictional purposes because it is a better representation of what the agency will likely spend on performance.

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Bidding Evaluation Sustainability E-procurement 52

Kluwer Arbitration

JULY 2, 2024

In the underlying investment treaty arbitration, Clorox sought compensation for the alleged expropriation and unfair treatment of its investment by Venezuela, through the enactment of price controls and currency exchange restrictions, and the nationalization of its assets.

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Thresholds Price IT Corruption 52

Procurement Notes

OCTOBER 10, 2022

Department of Labor (“DoL”), Bureau of Labor Statistics (“BLS”), September 13 Consumer Price Index (“CPI”) Summary states that “[o]ver the last 12 months, the all items index increased 8.3 1] Similarly, the BLS September 14 Producer Price Index (“PPI”) Summary states that “[o]n an unadjusted basis, the index for final demand moved up 8.7

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Government Government Price Contract 40

Public Contracting Institute

SEPTEMBER 7, 2023

In this procurement, the risk issue was addressed in the agency’s internal definition, but GAO made it clear that it can always be considered. Remember that an agency may always consider risk as an intrinsic part of its evaluation, even if not specifically stated in the solicitation.

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Evaluation Quality E-procurement Government Contracts 40

The Coalition for Government Procurement

APRIL 18, 2024

CISA discusses its process for determining key definitions in the rule (including approaches it considered and ultimately discarded); provides an overview of current cyber incident reporting requirements in the U.S. (as overall quite reasonable. Entities that meet certain threshold criteria – regardless of size – are covered by the rule.

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Supply Chain Thresholds Data Manufacturing 52

SmallGovCon

SEPTEMBER 13, 2024

On the other hand, firms would now have to make sure they are compliant with the HUBZone eligibility requirements each time they submit an offer on a HUBZone set-aside (or where the price evaluation preference applies), instead of being able to just rely on their certification. This would greatly affect HUBZone protests.

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Contract Government Contracts Import IT 57