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. 28] DCAA Audit Guidance Chapter 6 of the DCAM, Incurred Cost Audit Procedures, includes detailed guidance for evaluating the reasonableness of compensation costs.

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Government Contracts & Investigations

FEBRUARY 29, 2024

After receiving quotations, the contracting officer added salient characteristics to the technical evaluation form to be considered during evaluations that were not stated in the solicitation. For the awardee’s first prior experience example, the TET report did not analyze or evaluate the size of the project.

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The Coalition for Government Procurement

JULY 26, 2024

The BAA provides a price evaluation preference, favoring domestic producers over foreign offers in a covered procurement. As such, if the price of an offered Chinese product is low enough, the federal government will buy that product. The Small Business Rules: Is the Price Right for Products Made in China?

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Government Contracts Legal Forum

APRIL 30, 2024

The Final Rule also makes many changes to 2 CFR Parts 180 and 200, including, but not limited to, increasing the threshold for audits, clarifying the requirements for fixed amount awards, and implementing a mandatory disclosure rule.

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The Coalition for Government Procurement

JULY 12, 2024

The BAA, however, is a price evaluation preference, which means if the price of a Chinese product is low enough, the federal government will buy that product. For large business offerors the price preference added to non-domestic offers is 20%, and for small business offerors it is 30%.

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Select GCR

SEPTEMBER 3, 2024

Legitimate sole source situations require thorough justification, including market research and analysis, evidence of unique expertise or specialized needs that only one vendor can fulfill, and a demonstration that the price is fair and reasonable. This must be demonstrated along with ensuring the price is fair and reasonable.

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Government Contracts & Investigations

DECEMBER 6, 2023

Two categories of successful protest arguments discussed in our previous blog are Improper Past Performance Evaluations and Flawed Best Value Analyses. Another category of successful protest challenges are those where there is an improper technical evaluation. As such, the GAO sustained this protest ground. In RELX, Inc. ,

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PNWC's Government Contracting Update

DECEMBER 23, 2019

First, the simplified acquisition threshold currently sits at $150 thousand but there is a FAR proposal on the table that will increase that threshold to $250 thousand. We have been discussing some of the procurement related provisions buried in the bill. There are several things to note here. Second, the request must be in writing.

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Select GCR

MAY 7, 2024

Securing a contract involves preparing a competitive proposal that meets the solicitation document’s requirements, developing effective pricing strategies that balance competitiveness with profitability, and potentially navigating subcontracting and partnerships.

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Federal News Network

FEBRUARY 14, 2024

The number of points needed to meet the threshold to win a spot on the contract went down. He said NITAAC likely will not use a self-scoring sheet, and it will be based on best value evaluation factors and not lowest-price, technically acceptable (LPTA). “We We rescored and revalidated the bids that we got last fall,” he said.

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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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Federal News Network

AUGUST 20, 2024

30, 2026, according to a 2020 memo from Kim Herring, the then-acting principal director of the Office of Defense Contract and Pricing. It’s typically called out in the request for proposals that there will be a past performance, a technical assessment and evaluation of price and volume.

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The Coalition for Government Procurement

APRIL 11, 2024

On March 6, 2024, the Federal Circuit vacated the CBCA decision on the threshold jurisdictional issue. 5] Small Business Participation Evaluation Factor A solicitation with a small business participation evaluation factor required large business offerors to provide copies of “enforceable” small business teaming agreements with the offer.

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Tracker Intelligence

SEPTEMBER 6, 2022

Furthermore, the government organisation must make all solicitation documents available at a reasonable price. The prices the organisation pays for the services and goods should be of good value and generally acceptable. The type of contract will determine the threshold since different thresholds exist for specific types of contracts.

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The Coalition for Government Procurement

AUGUST 29, 2024

Further, confirming the broad applicability of CMMC, DOD confirmed that these requirements will be applicable to contracts below the Simplified Acquisition Threshold (which currently sits at $250,000). These proposed rules represent continued affirmation to DOD’s dedication to rolling out CMMC soon. The CMMC 2.0

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The Coalition for Government Procurement

AUGUST 15, 2024

Healthcare Spotlight: HHS Announces Medicare Part D Negotiated Prices This week, the Department of Health and Human Services (HHS) released the final drug prices negotiated through its Medicare Drug Price Negotiation Program established under the Inflation Reduction Act of 2022 (IRA).

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The Coalition for Government Procurement

APRIL 4, 2024

On March 6, 2024, the Federal Circuit vacated the CBCA decision on the threshold jurisdictional issue. 5] Small Business Participation Evaluation Factor A solicitation with a small business participation evaluation factor required large business offerors to provide copies of “enforceable” small business teaming agreements with the offer.

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The Coalition for Government Procurement

OCTOBER 19, 2023

PAP 2021-05, Evaluation of FSS Program Pricing, is one such example. This PAP fundamentally alters the MAS negotiation process, establishing evaluation standards, requirements, and procedures not found in the Federal Acquisition Regulation (FAR) or the General Services Acquisition Regulation (GSAR).

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The Coalition for Government Procurement

FEBRUARY 8, 2024

This language would require suppliers to adhere to specified actions that are “consistent with the Framework” (although the bills do not specify what these actions will be) and provide “appropriate access to data, models, and parameters…to enable sufficient test and evaluation, verification, and validation.” Register now by clicking here.

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Federal News Network

APRIL 30, 2024

Those key personnel actually have a huge effect on your on the government’s evaluation of the contractors proposal and on the ability to actually win the job and be able to perform the work. The government takes a long time to solicit, evaluate and award contracts. Tom Temin Especially in markets where prices are falling.

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The Coalition for Government Procurement

JULY 18, 2024

For bulk sensitive personal data, there is a yet-to-be-determined volume threshold that must be involved in the transaction for it to be covered. Suggested thresholds in the ANPRM range from data sets on 100 U.S. Government-related data, there is no threshold requirement and the data categories will be covered regardless of volume.

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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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The Coalition for Government Procurement

SEPTEMBER 5, 2024

Pricing details included in the prospectus. Further, confirming the broad applicability of CMMC, DOD confirmed that these requirements will be applicable to contracts below the Simplified Acquisition Threshold (which currently sits at $250,000). Thank you to our current sponsors of the Fall Training Conference! The CMMC 2.0

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The Coalition for Government Procurement

APRIL 25, 2024

The conference begins with remarks from Christine Harada , Senior Advisor in OMB’s Office of Federal Procurement Policy (OFPP), on the governmentwide Better Contracting Initiative , a four-pronged initiative to ensure that the Federal Government receives optimal terms and prices when purchasing goods and services.

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The Coalition for Government Procurement

JANUARY 4, 2024

Potential Changes to FSS EPA Clauses As you know, one of the Coalition’s priorities in 2022 and 2023 was to increase flexibility in the application of Economic Price Adjustments (EPAs) in the Federal Supply Schedule (FSS) program during a time of historic inflation. To register, click here.

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Curbing Corruption in Government Contracting

JANUARY 21, 2020

For example, when we take a whole year of contracts after a transparency reform taking place in May, our estimation may be biased if a procurement regulatory reform happened 5 months later, such as a new reporting threshold introduced. Relative prices (final price divided by the initially estimated price) decreased by 1.9

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The Coalition for Government Procurement

FEBRUARY 1, 2024

This language would require suppliers to adhere to specified actions that are “consistent with the Framework” (although the bills do not specify what these actions will be) and provide “appropriate access to data, models, and parameters…to enable sufficient test and evaluation, verification, and validation.”

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Federal News Network

JANUARY 2, 2024

I think we recently saw an article that we crossed $100 billion a year market share threshold, which was somewhat unheard of just even a few years ago, but it’s all due to an unknown. 1102 that has to make a decision around following made in America regulations or evaluating carbon impact of a particular procurement decision.

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Government Contracts Legal Forum

AUGUST 29, 2024

Currently, SBA’s regulations on joint ventures provide that a procuring activity may not require a protégé firm to individually meet the same evaluation or responsibility criteria as that required of other offerors generally. Application of HUBZone Price Evaluation Preference (PEP). United States , 165 Fed. 745 (2023).

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Procurement Notes

JULY 28, 2021

However, Agency Counsel is merely an advisor, does not write the CO’s performance evaluation, and, in any event, is a “no” factory, killjoy, four-eyed geek (at least that’s the stereotype). And the CO’s protégé, the Contract Specialist, wrote a price analysis that is a modern art masterpiece (it was based on adequate price competition).

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The Coalition for Government Procurement

JUNE 6, 2024

1 Simplified Acquisition Threshold: The bill would raise the simplified acquisition threshold (SAT) from $250,000 to $500,000. Unlike traditional competition requirements, these procedures are more streamlined and flexible. To register for this members-only meeting, click here. Virtual attendance will also be available.

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The Coalition for Government Procurement

SEPTEMBER 26, 2024

On November 20, tables include: GSA MAS PMO GSA Pricing Tools Ask the Med/Surg Supply BPAs Ask the SAM.gov PMO VA Federal Supply Schedule (FSS) To view the draft agenda for the governmentwide day, click here. October 28 : Webinar: 2024 (2025 FCPs) Public Law Pricing Update for Covered Drugs – Click here to register.

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GovCon & Trade

AUGUST 28, 2023

In the face of strong opposition from some powerful lobbying groups like the United Steelworkers Union, DOT maintained fairly robust thresholds in line with the proposed waiver. The waiver will also apply when “[t]he total amount of Federal financial assistance applied to the project, through awards or subawards, is below $500,000.”

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The Procurement School

OCTOBER 6, 2023

Author: Graham Allen In the second of two parts of “Navigation the Five Steps of the Procurement Journey” we’ll be covering posting, evaluation, award and close out. Step 4 Evaluation Once the procurement closes bids are evaluated. The first evaluation stage is the mandatory requirements which are evaluated either ‘yes’ or ‘no’.

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The Coalition for Government Procurement

NOVEMBER 2, 2023

FAR & Beyond: Thoughts on “What is Fair and Reasonable? 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.” Emphasis added.)

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Bonfire

MARCH 29, 2022

Roundtable participants said under a certain threshold (around $100K for services and $25K for goods) their client departments have full discretion on how to source. If the amount is over the threshold, sourcing is led by the procurement team, whether through a public bid, NOI, or limited tendering option. Enhancing RFPs (e.g.,

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The Procurement School

OCTOBER 22, 2024

RFP simplification involves careful consideration of evaluation criteria and with desired outcomes identified. With bundling, the requirements may eliminate SMEs from contention, and the bidding market may become constrained to a shrinking pool of participants with greater resources to meet the higher thresholds.

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