Government Contracts

JUNE 20, 2024

An "unprecedented" new Medicare price negotiation program deprives drugmakers of their constitutional rights and forces them to make declarations on issues of public concern that reflect poorly on them, Boehringer Ingelheim Pharmaceuticals Inc.

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The Procurement School

NOVEMBER 18, 2022

Author: Larry Berglund Negotiation competencies are a must in procurement. Whether in the private or public sector, you are always negotiating. Characterized as one of a few players in a market which control pricing or supply such as foods, communications, airlines, or office supplies. Where can you find leverage?

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Government Contracts

NOVEMBER 2, 2023

The federal government has urged a Delaware federal judge not to block the Inflation Reduction Act's provision allowing it to negotiate drug prices with pharmaceutical companies, arguing that AstraZeneca doesn't have standing to bring its claims, which, in any event, are meritless.

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Government Contracts

DECEMBER 4, 2023

AstraZeneca has chided the federal government for seeking a quick win against the drugmaker's challenge to the Medicare drug price negotiation program in a recent brief, arguing that the Centers for Medicare and Medicaid Services mistakenly believes it has "absolute authority to unilaterally dictate prices."

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Government Contracts

DECEMBER 21, 2023

Boehringer Ingelheim and other drugmakers are free to take their business elsewhere if they object to the new Medicare price negotiation program, the federal government has said, urging a judge to reject the company's claims of constitutional violations.

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Federal News Network

JANUARY 12, 2024

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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Federal News Network

JANUARY 24, 2024

A contractor got into a pricing squeeze when the customer, in this case the Marine Corps, way underestimated the quantities for the services under the fixed-price contract. Why don’t you, contractor, just submit an REA for a go forward, change the unit pricing. This one just seeks a change in the unit prices.

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Price Quantity Contract Government 52

ivalua

FEBRUARY 10, 2023

Inflationary pressures can cause frustration levels among suppliers due to increased costs or reduced demand from customers, particularly when it comes to repeated orders or fixed pricing contracts. This could include negotiating more favorable terms with suppliers or renegotiating existing contracts to ensure that prices remain competitive.

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Government Contracts

NOVEMBER 9, 2023

Nine health care experts and the AARP in briefs filed Thursday asked a Delaware federal court to reject AstraZeneca's challenge to the Inflation Reduction Act's provision allowing the government to negotiate drug prices with pharmaceutical companies.

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The Coalition for Government Procurement

JANUARY 12, 2024

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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Government Contracts Advisor

NOVEMBER 8, 2023

In light of the increased audit activity focusing on defective pricing issues, this article surveys recent defective pricing cases, specifically those decided since the turn of the century.

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Federal News Network

JUNE 24, 2024

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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Federal News Network

JUNE 28, 2024

The Gormley Group’s Sean Nulty and Andrew Sisti join host Roger Waldron on this week’s Off the Shelf for a deep dive into current trends shaping the contract negotiations and administration under GSA’s Multiple Award Schedule (MAS) program. Both are subject matter experts on the MAS pricing policies and procedures.

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The Coalition for Government Procurement

SEPTEMBER 22, 2023

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

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Public Contracting Institute

MAY 9, 2024

Special focus on contract pricing). price negotiations and procedures should be used by contracting officers to determine the price reasonableness of modifications offered under a sealed bid contract. Examples of price analysis techniques can be found at FAR 15.404-1(b)(2). FAR 15.400. FAR 15.403-3(c).

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Public Contracting Institute

JULY 31, 2024

An RFP is typically used for complex projects where the agency needs detailed proposals, while an RFQ is more suitable for simpler purchases where price is the primary factor. Mastering Cost and Price Analysis Accurate cost estimation and effective price analysis are crucial components of successful RFPs and RFQs.

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Great Government Through Technology

AUGUST 19, 2024

Today, I am excited to discuss the strides we are making under the BCI, particularly Priority 2, which focuses on negotiating common enterprise-wide software licenses. With the help of a Governmentwide Integrated Project Team, the ITVMO builds a list of best-in-class terms and target pricing to pursue via a variety of recommended solutions.

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The CGP

SEPTEMBER 8, 2023

In the interim, the document should be rescinded, with contracting officers referring back to the GSAR and FAR for guidance on determining fair and reasonable pricing. In the interim, the document should be rescinded, with contracting officers referring back to the GSAR and FAR for guidance on determining fair and reasonable pricing.

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The Coalition for Government Procurement

JUNE 21, 2024

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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Transparency Data Management Procurement 64

The Procurement ClassRoom

JUNE 25, 2019

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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Federal News Network

OCTOBER 20, 2023

In turn, this will lead to more consistent and sound negotiation and administration of MAS contracts. In the past, the regional structure gave rise to differing cultures, negotiation approaches, and interpretations of applicable regulations and solicitation provisions. Data context is critical to data driven decision making.

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Government Contracts Legal Forum

MAY 7, 2024

What is the Truthful Cost or Pricing Data Act, formerly known as the Truth in Negotiations Act? When are contractors and subcontractors required to provide certified cost or pricing data? Cards Face Up Nicole Owren-Wiest and Erin Rankin talk TINA. And what does Nicole’s Cookie Monster coffee mug have to do with it?

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IT Negotiation Price Government Contracts 52

Public Contracting Institute

APRIL 26, 2024

In our next session, we will cover FAR Part 15 (Contracting by Negotiation) As we prepare for our 9th episode of Season 11, here are a few FAR Facts for us to think about: A contract awarded using other than sealed bidding procedures is a “negotiated ” FAR 15.000. The Government is not required to hold in-person FAR 15.505(c).

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Public Contracting Institute

MAY 8, 2024

Under some circumstances, if an IFB is canceled but the requirement remains, the agency may complete the procurement by converting it to a negotiated procurement, but FAR 14.404-1 places limitations on when this is permitted. In Great Lakes Dredge & Drydock Co., LLC, B-421676.4, million and the amount of funds ($60.4

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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.

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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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Select GCR

JUNE 11, 2024

If you’re exploring contract types that any government agency uses, understanding the distinctions between fixed-price, cost-reimbursement, and other specialized contracts is paramount. The two main categories of government contracts are fixed-price contracts and cost-reimbursement contracts.

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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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Federal News Network

AUGUST 9, 2024

The performance results showed that contract level pricing was better under TDR than under Most Favored Customer (MFC) pricing. Small businesses generated stronger growth under TDR than small businesses under MFC pricing. The PRC is a vestige of the 1980’s MAS program and serves as a significant barrier to entry.

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Public Contracting Institute

MAY 20, 2024

It typically involves the following steps: Identifying opportunities Reviewing solicitation documents Attending pre-bid meetings Preparing and submitting a responsive bid Participating in bid evaluation and negotiations To excel in the bidding process, consider enrolling in our Life Sciences Contracting 101 course.

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NASPO

JULY 31, 2023

As local governments look for ways to stretch their budgets, many are turning to cooperative purchasing, where they can take advantage of the volume discounts states negotiate for office supplies, laptops and even specialized applications. READ MORE

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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.

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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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Fox Rothschild: Government Contracts

JANUARY 3, 2024

The agency can cancel a solicitation under a number of limited circumstances, including based on defects in the solicitation or specifications, unreasonable bid pricing, or lack of funding. However, GAO rejected the agency’s plan to convert the sealed IFB to a negotiated procurement.

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Whistleblower Network News

JANUARY 31, 2024

and its subsidiaries will pay $5 million to settle charges that they violated the False Claims Act (FCA) “by falsely overstating cost or pricing data included in a subcontract proposal for work under a contract with the U.S. Department of the Army.” Army’s Tank Automotive Command (TACOM).

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The Coalition for Government Procurement

AUGUST 9, 2024

The performance results showed that contract level pricing was better under TDR than under Most Favored Customer (MFC) pricing. Small businesses generated stronger growth under TDR than small businesses under MFC pricing. The PRC is a vestige of the 1980’s MAS program and serves as a significant barrier to entry.

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The Coalition for Government Procurement

OCTOBER 20, 2023

In turn, this will lead to more consistent and sound negotiation and administration of MAS contracts. In the past, the regional structure gave rise to differing cultures, negotiation approaches, and interpretations of applicable regulations and solicitation provisions. Data context is critical to data driven decision making.

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