SmallGovCon

APRIL 15, 2024

The Rule of Two is the federal contracting rule requiring agencies to set aside a solicitation for competition only between small businesses when there are at least two small businesses that could do the work for a fair price. But that rule does have some exceptions. Read on to find out.

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SmallGovCon

JUNE 19, 2024

Price Preference For civilian agencies , if the contractor with the lowest priced domestic end product is a large business, then the agency will add a price evaluation penalty to the offeror with the lowest priced foreign end product of 20%. What is a Domestic End Product?

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GovCon & Trade

DECEMBER 18, 2023

Specifically, “[t]he lowest price[d] offer will be evaluated and if it is in the highest category of past performance, no other review will be completed. If it is not in the highest category of past performance, we will evaluate the next lowest [priced] offer in the highest past performance category.” B-418123.4,

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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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Import and Trade Remedies

MARCH 27, 2024

To achieve this it will impose a carbon price on imported goods with the aim of levelling the playing field and ensuring that imported goods are subject to a carbon price that is comparable to that incurred by manufacturers based in the UK. The CBAM proposal forms part of the UK government’s wider strategy to tackle carbon leakage.

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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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Fox Rothschild: Government Contracts

DECEMBER 6, 2022

For instance, contractors face a difficult road to recover costs in a firm-fixed-price contracts. As an example, the Department of Defense issued a guidance on Inflation and Economic Price Adjustments, providing some relief for certain contractors performing on firm-fixed-price contracts. 17, 2022). [2]

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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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LexBlog: Contracts & Procurement

DECEMBER 6, 2022

For instance, contractors face a difficult road to recover costs in a firm-fixed-price contracts. As an example, the Department of Defense issued a guidance on Inflation and Economic Price Adjustments, providing some relief for certain contractors performing on firm-fixed-price contracts. 17, 2022). [2]

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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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Kluwer Arbitration

JULY 17, 2024

a) of the GSA, if gas was not utilised by QAPTL, the gas would be diverted to other consumers; however, QAPTL would remain liable to pay the agreed price netted against the sum collected by any such diversion. In QATPL v SNGPL , the High Court underscored the extreme nature of irregularity that would meet the threshold in Section 68.

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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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SmallGovCon

JULY 18, 2024

On top of this, it also would allow DoD contracting officers to sole source contracts to VOSBs if the contracts are below certain dollar thresholds. This new provision would also set up a VOSB contracting goal for DoD.

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Contract Government Contracts Price Thresholds 81

The Coalition for Government Procurement

JULY 11, 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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Inside Government Contracts

MARCH 12, 2024

FHWA proposes that the domestic iron and steel in those manufactured products would count towards the 55% domestic component threshold. Comments on the RFI are open until May 13, 2024.

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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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Government Contracts & Investigations

FEBRUARY 29, 2024

Although the protester offered the lowest price, the agency found its proposal was technically unacceptable because it did not meet the new characteristics. The protester argued the GAO should use the evaluated price for jurisdictional purposes because it is a better representation of what the agency will likely spend on performance.

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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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SmallGovCon

JANUARY 30, 2024

“Maximize orders to small businesses under the simplified acquisition threshold (SAT) to the maximum extent practicable.” ” This memo, then, encourages agencies to use small business set-asides for orders, regardless of the split between the COFC and GAO. .” Make BICs work for small business.

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ivalua

MAY 9, 2023

The result– the market has turned into almost a monopoly where there is one dominant provider and the threshold for other vendors is so high that entry is incredibly difficult. In light of existing rules, vendors can deter competition by driving prices down in competitive tenders.

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The Coalition for Government Procurement

APRIL 18, 2024

While the threshold for reporting under CISA’s rule is higher than, for example, under the Department of Defense’s (“DoD’s”) cyber incident reporting rule (which requires reporting of incidents involving activities that “may have” occurred), this is a welcome acknowledgement of the practicalities of cyber incident detection and response.

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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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Public Contracting Institute

OCTOBER 12, 2023

As we prepare for our 21st episode of Season 10, here are a few Episode 21 FAR Facts for us to think about: Solicitations for construction contracts are required to contain the Government’s estimated price range for the project. FAR 36.204. Agencies shall not award these contracts unless specifically authorized by statute. FAR 37.104.

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Public Contracting Institute

AUGUST 9, 2024

FAR Cost Principles (FAR Part 31) While not a specific clause, understanding FAR Part 31 Cost Principles is crucial for contractors dealing with cost-reimbursement contracts or those required to submit certified cost or pricing data.

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The Procurement School

OCTOBER 6, 2023

The evaluation can be simple, such as tenders which are price only, or complex which includes technical criteria, pricing and sometimes an interview or demonstration. The pricing evaluation follows the completion of all technical evaluation stages and is usually the easiest to evaluate.

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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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Government Contracts & Investigations

DECEMBER 6, 2023

2] This procurement utilized a lowest priced technically acceptable source selection methodology. To meet this threshold, a protester must demonstrate that, but for the agency’s actions, it would have had a substantial chance of receiving the award. In RELX, Inc. ,

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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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Kluwer Arbitration

JUNE 11, 2024

Unlike a cartel agreement with the intent of raising prices, vertical agreements may require careful analysis to ascertain whether they are actually anticompetitive. Vertical agreements are commonplace in the business world (supermarkets, distributors, wholesalers, etc.) and are generally seen as pro-competitive.

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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

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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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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Kluwer Arbitration

MAY 23, 2024

Implications for Emissions Trading Businesses The Tribunal’s application of NAFTA Article 1139(h) may affect the threshold for activities that emissions trading businesses must undertake in the host State to qualify for investment protection. The Koch v. Canada Award will have implications for cross-border participation in these mechanisms.

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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

OCTOBER 19, 2023

PAP 2021-05, Evaluation of FSS Program Pricing, is one such example. Given the significant pricing policy changes outlined in the PAP, it should have been subject to public review and comment. The questions all go to the integrity of the data being used to assess fair and reasonable pricing.

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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. The CBCA held the EULA between Avue and the Federal Government was not a “procurement contract” because the EULA did not obligate Avue to furnish any services, or obligate the Federal Government to pay Avue for any services furnished.

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