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

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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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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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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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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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

OCTOBER 25, 2024

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. volume commitments, mandatory use, and limited pool of contracts).

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Federal News Network

MAY 17, 2024

Unfortunately, Schedule contractors now face a long, painful slog negotiating contract pricing at the contract level, instead of relying on competition at the task or delivery order level to provide fair and reasonable pricing.

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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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Whistleblower Network News

OCTOBER 17, 2024

Among the charges are allegations that Raytheon engaged in a bribery scheme to obtain contracts with the Qatari military and misrepresented its costs during contract negotiations with the U.S. Securities and Exchange Commission (SEC) announced a related $124 million settlement. Department of Defense (DOD).

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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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Government Contracts & Investigations

OCTOBER 11, 2023

Welcome back to the Cost Corner, where we provide practical insight into the complex cost and pricing requirements that apply to Government contractors. Applicability of the FAR Cost Principles The FAR Cost Principles apply to the “pricing of contracts, subcontracts, and modifications whenever cost analysis is performed.” [1]

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Price Government Contracts Government Government 52

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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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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Kluwer Arbitration

OCTOBER 15, 2024

For example, due to an increased focus on value with tighter margins, price disputes in LNG projects are becoming more likely and frequent. This contrasts with a more conciliatory approach leading to negotiated outcomes that had previously prevailed in Asia, as discussed further below. ICC, SIAC).

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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

OCTOBER 25, 2024

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. volume commitments, mandatory use, and limited pool of contracts).

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Federal News Network

MARCH 15, 2024

I think that this is a win for enhanced competition, especially for small businesses that may have had to previously finance software acquisitions and have to offer higher prices as a result,” he said. This move should increase competition and drive better pricing. This is a win for common sense in government acquisition.”

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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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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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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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The Coalition for Government Procurement

SEPTEMBER 6, 2024

On August 5, 2024, the General Services Administration (GSA) took a step forward by publishing a final rule to “standardize and simplify the Multiple Award Schedule (MAS) clauses for economic price adjustments.” The GSAR, as currently written, limits when, how often, and by what percentages prices can be adjusted.

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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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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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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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AWS Public Sector

SEPTEMBER 26, 2024

They might even haggle over prices if they’re buying a large amount of an item, but the organizer of the market never gets involved in this negotiation. Customers may check out fresh fruit from several stalls before deciding which is the best value and fit for their need.

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Government Contracts Legal Forum

APRIL 22, 2024

Specifically, this acquisition letter clarifies that despite statutory prohibitions against the use of “advance” payments outside of narrowly-prescribed circumstances, upfront payments for SaaS licenses do not constitute an “advance” payment subject to these restrictions when made under the following conditions: access to the software is granted contemporaneously (..)

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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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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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The Coalition for Government Procurement

MAY 17, 2024

Unfortunately, Schedule contractors now face a long, painful slog negotiating contract pricing at the contract level, instead of relying on competition at the task or delivery order level to provide fair and reasonable pricing.

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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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