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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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. Manos, Government Contract Cost & Pricing § 13:3 (2023). [24] DCAA, DCAM ¶ 6-413.1.c. 10] FAR 31.205-6(b)(1). [11] 13] DCAA, DCAM ¶ 6-413.1(e). 14] FAR 31.205-6(b)(2). [15]

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Federal News Network

JANUARY 30, 2024

On the face of it, it’s obviously a big deal for small businesses because now if you’re on one of these multiple award IQ contracts, the onus is going to be on the buying agency to come up with justifications to not give you task orders up to the simplified acquisition threshold, currently $250,000. And we’re kind of here.

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Federal News Network

OCTOBER 18, 2023

And that’s the language that you see in the Truth and Negotiations Act. Now, I guess the truthful costs and pricing data Act where current, accurate and complete is used and that becomes the hook for False Claims Act liability. And this applies below the simplified acquisition threshold, too. Tom Temin Sure.

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Inter-American Development Bank

MAY 31, 2022

The most important innovation, acknowledging the weakness of the existing mechanisms, such as transfer pricing and thin capitalization rules, is the transfer of income from low tax countries to other countries with taxation rates over 15%. In an open and globalized economy, these two problems affect all countries.

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The Coalition for Government Procurement

OCTOBER 19, 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 Coalition for Government Procurement

FEBRUARY 8, 2024

Agencies are directed to focus attention on maximizing small business participation below the simplified acquisition threshold. Further, agencies are encouraged to include on-ramps and discouraged from including off-ramps for organic growth in their MACs.

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Procurement Notes

MARCH 5, 2024

Particularly, the Personal Consumption Expenditures Price Index (“PCE”) core inflation rate for January 2024 was 2.8%. [30] 33] Importantly, since the inflation high water marks of 2022, mostly what has occurred is disinflation (decrease of the inflation rate), not actual deflation (price decreases). down from 5.5%

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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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Government Contracts Legal Forum

SEPTEMBER 29, 2023

Contractors should track and document any changes in workload to ensure that any increases in scope and associated cost or price adjustments are appropriately reflected in a contract modification. On fixed-price contracts, any recovery from the government will likely depend on whether the contractor is entitled to an equitable adjustment.

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Government Contracts Legal Forum

AUGUST 29, 2024

Per SBA, “[w]here the purchasing concern is not able to fulfill the requirements of the existing mentor-protégé agreements as written,” the protégé should be able to either negotiate a revised MPA with the purchasing concern or terminate the MPA if the protégé believes the new entity is not a good fit.

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Select GCR

DECEMBER 17, 2024

The FAR covers various aspects, including contract formation, administration, pricing, and subcontracting standards, ensuring a standardized approach to federal procurement. Certain modifications may necessitate preliminary price negotiations to protect the governments interests.

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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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Federal News Network

APRIL 30, 2024

Tom Temin Especially in markets where prices are falling. The basic proposal here is that, regardless of whether an employee is a salaried employee or an hourly wage employee, if they’re below a certain threshold, in this case, nearly $60,000 a year in terms of salary, then you would have to pay them overtime.

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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. The CMMC 2.0

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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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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

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

JUNE 15, 2021

2305(b) , and FAR 6.401(b) , it is apparent that the term implies competitive negotiation source selection procedures, as typified by FAR Part 15 but not necessarily limited to FAR Part 15. [19] The Competitive Negotiation in a Trojan Horse The 2020 U.S. . § 3703 , 10 U.S.C. See, e.g., Centerra Integrated Facilities Servs.,

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Kluwer Arbitration

JUNE 11, 2024

Despite negotiations, GBO notified CAI that the agreement was terminated, alleging several breaches. Unlike a cartel agreement with the intent of raising prices, vertical agreements may require careful analysis to ascertain whether they are actually anticompetitive. and are generally seen as pro-competitive.

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The Coalition for Government Procurement

SEPTEMBER 19, 2024

Pricing details included in the prospectus. The deadline to avoid a government shutdown is September 30, although Friday, September 27 is seen as the target date for lawmakers to finalize negotiations before returning to their home districts to campaign until the election. 8, A3 Price Template V.2 What is the funding profile?

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The Coalition for Government Procurement

NOVEMBER 2, 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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Federal News Network

FEBRUARY 15, 2024

It was very in-depth, and it had proposals to modernize the program, one of which is to add, a level of competition to the program to ensure that the contractors are performing with excellence and that there’s a chance to do a price competition potentially every five years for the contracts. We don’t.

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Procurement Notes

JUNE 5, 2021

18] On this point, it is important to remember that the dollar thresholds for the SCA (in excess of $2,500), [19] the DBA (in excess of $2,000), [20] and the Order-imposed threshold for the FLSA (presently in excess of $10,000) [21] do not apply at the subcontract level. [22] Additionally, DoL has previously made this warning.

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Federal News Network

JANUARY 26, 2024

“In advance of any finalization of such regulatory amendments, which will be subject to notice and comment, OFPP encourages early agency adoption of these management steps, which can help agencies in meeting the SDB contracting goal they negotiated with SBA for 2024 in accordance with OMB Memorandum M-24-01,” the memo states.

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Select GCR

DECEMBER 24, 2024

Its important for potential participants to understand that if competitive negotiations occur before SBAs acceptance into the 8(a) program, the application may not be accepted. SBA Regulations To participate in the 8(a) program, firms must adhere to strict SBA regulations regarding eligibility and pricing.

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The Coalition for Government Procurement

DECEMBER 14, 2023

Stakeholders must appreciate and understand that there is a nexus between requirements and price, especially for small businesses. Data context in assessing fair and reasonable pricing is foundational to sound acquisition business decisions. It is also a regulatory requirement. See FAR 15.405.

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Procurement Notes

SEPTEMBER 15, 2021

Price , the Supreme Court stated that “[p]rivate persons, jointly engaged with state officials in the prohibited action, are acting ‘under color’ of law. Hence, just like under the NLRA, unless the bargaining unit agreement already grants to the agency the unilateral right to impose a vaccination requirement, the agency has to negotiate.

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Procurement Notes

OCTOBER 13, 2021

Administratively, where applicable, the procuring Agency can invoke its rights under FAR Clause 52.215-2 (Audit and Records-Negotiation) to inspect contractor records to verify compliance with the Vaccine Mandate (review payroll records, vaccine records, exemption records, etc.). exercises an option, or issues a new order? Still enforceable?

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Federal News Network

JANUARY 8, 2025

Interview transcript: Dan Ramish Well, Tom, the Buy America Act does apply to many federal contracts, but depending on the dollar threshold of the contract and whether certain exceptions apply, the Trade Agreements Act may also apply and may call for foreign supplies. The idea of a tariff is to give them a price advantage.

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The Coalition for Government Procurement

JANUARY 9, 2025

Finally, the HUBZone price evaluation preference does not apply in the context of an offer from a mentor protg joint venture involving a large business. VHA aims to ensure availability and consistency of medical/surgical supplies and to obtain volume-based, standardized pricing.

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The Coalition for Government Procurement

DECEMBER 12, 2024

Congress Releases Compromise $895 Billion FY25 NDAA Meritalk reports that the House of Representatives and Senate published their final negotiated version of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2025. billion in spending, falling just below the mandated budget cap set by the Fiscal Responsibility Act (FRA).

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The Coalition for Government Procurement

NOVEMBER 9, 2023

The BCI includes four priorities to make certain that the Federal Government receives “better terms and prices when purchasing goods and services.” The BCI is part of an effort that began in the Obama-Biden Administration to address agencies paying inconsistent and often higher prices when compared to the commercial market.

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The Coalition for Government Procurement

MARCH 27, 2025

Streamline and centralize procurement Maximize the negotiating power of volume buying: In support of the Administrations Executive Order , well continue to centralize government procurement for common goods and services in order to negotiate the best prices for the taxpayer.

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