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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. 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.

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Agency Could Not Accept Price Above Awardee’s FSS Price, GAO Says

SmallGovCon

If you feel like prices for just about everything are going up, you’re not alone. In federal government contracting, however, a contractor may not have the same leeway to raise its prices. After evaluating the quotations, CMS announced that the order would be awarded to Octane Public Relations. B-421917.2,

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The nexus between data management tools, transparency and procurement policy

Federal News Network

Data management tools, like pricing algorithms and artificial intelligence (AI), are playing an ever-larger role in Federal procurement as agencies look to streamline processes, increase efficiency, and improve contract outcomes. GSA’s current use of algorithms and pricing data is instructive in this regard.

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Price Reasonableness Analysis: A Bid Evaluation Stage in Public and Project Procurement

The Procurement ClassRoom

Price analysis can be considered a stage of bid evaluation depending on the provisions of a legal and regulatory framework. It is an assessment of the evaluated price of a responsive bid to ascertain that it is not unreasonably high nor unreasonably low, but fair enough to the procuring entity and the supplier.

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What is fair and reasonable: GSA’s proposed economic price adjustment clause

Federal News Network

On November 16, 2023, the General Services Administration issued a proposed rule updating the General Services Acquisition Regulation (GSAR) Federal Supply Schedule Economic Price Adjustment (EPA) clauses. limits on the timing and number of price adjustments). Pricing context is dependent on accurate, relevant data.

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What does the FAS mean by ‘leverage the collective buying power of the federal government?’

Federal News Network

The General Services Acquisition Regulation (GSAR) and the Federal Acquisition Regulation (FAR) set forth the policies and procedures for the evaluation and negotiation of “fair and reasonable” contract level pricing under the Federal Supply Schedule (FSS) program.

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What is Fair and Reasonable: GSA’s Proposed Economic Price Adjustment Clause 

The Coalition for Government Procurement

On November 16, 2023, GSA issued a proposed rule updating the General Services Acquisition Regulation (GSAR) Federal Supply Schedule Economic Price Adjustment (EPA) clauses. The rule proposes to remove “certain economic price adjustment requirements within these clauses to better align with commercial standards and practices.”

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