(b) The contracting officers primary concern is the overall price the Government will actually pay. Most competitive negotiated acquisitions are awarded in this manner. The ACO should use this information to form the basis for the Government position in negotiating an FPRA with the contractor. What are some of the factors to consider when Greater profit opportunity should be provided under contracts requiring a high degree of professional and managerial skill and to prospective contractors whose skills, facilities, and technical assets can be expected to lead to efficient and economical contract performance. (iii) In arriving at the amount due for penalties on contracts where the submission of defective certified cost or pricing data was a knowing submission, the contracting officer shall obtain an amount equal to the amount of overpayment made. Price adjustment amounts must consider both increases and decreases (e.g., a $500,000 modification resulting from a reduction of $1,500,000 and an increase of $1,000,000 is a $2,500,000 pricing adjustment exceeding the $2,000,000 threshold). (3) Contracting officers shall use the Government prenegotiation cost objective amounts as the basis for calculating the profit or fee prenegotiation objective. Examples of such techniques include, but are not limited to, the following: (i) Comparison of proposed prices received in response to the solicitation. See HHSAR 306.304(a)(1) and 313.501(a)(2)(i) for additional information regarding CO approval of a JOFOC in this dollar range. The prime contractor is responsible for updating a prospective subcontractors data. For interorganizational transfers priced at cost, provide a separate breakdown of cost elements. When preproduction or startup costs are significant, or when specifically requested to do so by the Contracting Officer, provide a full identification and explanation of them. (ii) Evaluating the effect of the offerors current practices on future costs. (B) The contractor assumes the greatest cost risk in a closely priced firm-fixed-price contract under which it agrees to perform a complex undertaking on time and at a predetermined price. Just as actual costs may vary from estimated costs, the contractors actual realized profit or fee may vary from negotiated profit or fee, because of such factors as efficiency of performance, incurrence of costs the Government does not recognize as allowable, and the contract type. (e) Program requirements. -Agency identification For acquisitions with a total estimated value of $100M or more, the SSA shall be an individual other than the PCO. However, the findings and recommendations of the overhead should-cost team, or any separate overhead should-cost review report, shall be provided to the ACO. Set-Asides for Small Business Concerns FedBizOps Date, quantity, and dollar value of items received into inventory 9. The analytical techniques and procedures described in this subsection may be used, singly or in combination with others, to ensure that the final price is fair and reasonable. This subsection prescribes policies for establishing the profit or fee portion of the Government prenegotiation objective in price negotiations based on cost analysis. The contracting officer immediately shall take appropriate action to obtain the required data. Enter your estimate for cost of work added by the change. 4. true ETHICS PROCUREMENT PERSONNEL: You are a COR working on the third year of a 5-year contract (football tickets). Life-cycle cost Kauna unahang parabula na inilimbag sa bhutan. This approach has been constantly refined over the years, without having produced any noticeable A complete discussion of supporting documentation can be found at paragraph 060106 of this . When the contracting officer determines that the contractor submitted defective cost or pricing data, the contracting officer, in accordance with agency procedures, shall ensure that information relating to the contracting officers final determination is reported in accordance with 42.1503(h). the contracting officer or the source selection authority INVOICE: Wide Area Work Flow (WAWF) is a Paperless Contracting. This right applies whether these data supported subcontract cost estimates or supported firm agreements between subcontractor and contractor. In order to afford an opportunity for corrective action, the contracting officer should give the prime contractor reasonable advance notice before determining to reduce the prime contract price. (d) Possession of a Certificate of Current Cost or Pricing Data is not a substitute for examining and analyzing the contractors proposal. Which of the following individuals has expressed authority to enter into and administer contracts and is responsible for ensuring? High School For Environmental Studies Ceeb Code, -Foreign Military Sales (if source directed) 23E. Explain the basis for the estimates, including identification of any provision for experienced or anticipated allowances, such as shrinkage, rework, design changes, etc. As well, generally internally generated goodwill and other intangible assets can not be recognized on the balance sheet. This requirement does not apply when unrelated and separately priced changes for which certified cost or pricing data would not otherwise be required are included for administrative convenience in the same modification. Fixed price contracts Should the offeror/contractor again refuse to provide adequate data, or provide access to necessary data, the contracting officer shall withhold the award or price adjustment and refer the contract action to a higher authority, providing details of the attempts made to resolve the matter and a statement of the practicability of obtaining the supplies or services from another source. develop independent gov. What activity best helps the gov. What type of contract must be awarded for a The ARB Coordinator will schedule and facilitate ARB The phases of the services acquisition process are. Over $13.5 Million - $93 Million - Head of the Contracting Activity It was driven 18,000 miles in 2018 and 32,000 miles in 2019. Funds are available Enter the number of units remaining to be completed under the contract. Depending on the complexity of the acquisition, the evaluation process can last anywhere from a few days to several months. Considerations include the diversity of engineering, scientific, and manufacturing labor skills required and the amount and quality of supervision and coordination needed to perform the contract task. The ARB Coordinators will review packages, schedule and facilitate Pre-ARB and ARB meetings, capture discussions in board minutes, distribute minutes, and coordinate and document approvals/disapprovals. 1152.65 124009.00 Increase in Value of Equity. Principles of full & open competition (5) Brief description (including any part or model numbers of each contract item or. This distinction between fact and judgment should be clearly understood. Responsible agency creates and publishes a "proposed rule" in the Federal Register, Satisfy the customer in terms of cost, quality, and timeliness of the delivered product or service. Which of the following are remedies that the contracting officer has at his/her disposal for a contractor's poor performance? The acquisition is projected to be accretive to earnings in 2022, the first full year of combined operations. 6.302-4 - International Agreement Requesting unnecessary data can lead to increased proposal preparation costs, generally extend acquisition lead time, and consume additional contractor and Government resources. Contracting officer may exercise options only after determining that- . (iv) Verification that the offeror's cost submissions are in accordance with the contract cost principles and procedures in part 31 and, when applicable, the requirements and procedures in 48 CFR chapter 99, Cost Accounting Standards. Optional, unless required by the Contracting Officer. expected value from each acquisition; we show it to be superior both to uniform acquisitions and to policies that consider the acquisition only of feature values or only of class labels. (3) The name, position, and organization of each person representing the contractor and the Government in the negotiation. How many nieces and nephew luther vandross have? When any of the costs in this column have already been incurred (e.g., under a letter contract), describe them on an attached supporting page. GSA Advantage - Federal Supply Schedules. (3) Court decision. According to the JN+A and HVS Design Hotel Cost Estimating Guide for 201 9, the detailed cost average expense per room for a hotel guestroom renovation is $18,218. The labor elements in the allocable indirect costs should be given the profit consideration they would receive if treated as direct labor. b. will provide a debriefing to the SSA upon request. Central banks attempt to limit inflation . A document sent to prospective contractors by a Government agency, requesting the submission of offers or information. (2) Under cost-reimbursement contracts and under all fixed-price contracts except firm-fixed-price contracts and fixed-price contracts with economic price adjustment, payments to subcontractors that are higher than they would be had there been no defective subcontractor certified cost or pricing data shall be the basis for disallowance or nonrecognition of costs under the clauses prescribed in 15.408(b) and (c). Due to the time over which these obligations could be settled and the judgment used to determine the liability, the ultimate obligation may differ from the Computing Depreciation under Alternative Methods. This results in a change in delivery schedule and increased cost to the contractor. (f) Evaluation, negotiation, and agreement. on the contractor? How is it computed? 7. Upon identification of the acquirer and determination of the acquisition date, business combinations are accounted for through the preparation of a Purchase Price Allocation (PPA). When not using a structured approach, contracting officers shall comply with paragraph (d)(1) of this subsection in developing profit or fee prenegotiation objectives. -Adequacy of contractor's accounting system L. 85-804 may not- (1) Be used in a manner that encourages carelessness and laxity on the part of persons engaged in the defense effort; or (2) Be relied upon when other adequate legal authority exists within the agency. The dollar value will be supported by appropriate documentation. Disposition of the action should be documented. 2008-03, but is subject to change - see FAR 6.304(a)(1) and 13.501(a)(2)(i). (See the Certificate of Current Cost or Pricing Data at 15.406-2.). Before making such a determination, the contracting officer should give the contractor an opportunity to support the accuracy, completeness, and currency of the data in question. 1.Begin with Research and Development 3501: (A) When purchasing services that are not offered and sold competitively in substantial quantities in the commercial marketplace, but are of a type offered and sold competitively in substantial quantities in the commercial marketplace, they may be considered commercial services (thus meeting the purpose of 41 U.S.C.chapter 35 and 10 U.S.C. ", (iii) For each item or work effort categorized as "can either make or buy," a proposal either to "make" or to "buy.". Prohibition on obtaining certified cost or pricing data (10 U.S.C. The amount of time necessary for the planning process is dependent upon the dollar value, risk, complexity, and criticality of the proposed purchase. (a) When certified cost or pricing data are required, offerors are required to describe any forward pricing rate agreements (FPRAs) in each specific pricing proposal to which the rates apply and to identify the latest cost or pricing data already submitted in accordance with the FPRA. The contracting officer shall-. and depending on the size of the acquisition or disposition, may require . -Federal Prison Industries, Inc. (Also known as UNICOR) . When is an indefinite delivery contract appropriate? The extent of planning and research will vary, depending on such factors as estimated dollar value, complexity, and Identification of the . -FAR 13.104 - Contracting Officer must promote competition: (i) A price is based on adequate price competition when. L. 110-181 ). Form USM-416, Individual Acquisition Planning, must be completed for each new contract action above the dollar threshold of $100,000. chapter 271 for truth in negotiations) only if the contracting officer determines in writing that the offeror has submitted sufficient information to evaluate, through price analysis, the reasonableness of the price of such services. The fact that a price is included in a catalog does not, in and of itself, make it fair and reasonable. Closing or cutoff dates should be included as part of the data submitted with the proposal and, before agreement on price, data should be updated by the contractor to the latest closing or cutoff dates for which the data are available. Profit consideration should correspond to the managerial and technical effort involved. for supplies or services currently being provided by a small business and the proposed acquisition is of a quantity or estimated dollar value, the magnitude of which makes it unlikely that small businesses can compete . Table 15-2Instructions for Submitting Cost/, http://www.acq.osd.mil/dpap/cpic/cp/contract_pricing_reference_guides.html, Civilian Agency Acquisition Council (CAAC), Interagency Suspension and Debarment Committee (ISDC), This document provides instructions for preparing a contract. The amount of time necessary for the planning process is dependent upon the dollar value, risk, complexity, and criticality of the proposed purchase. Describe what illustrations should show about a product. -Does NOT require Congressional Approval. Should not exceed 5 years, The product is considered commercial if it retains 50% of its original functionality. 1.2 Administration The extent of planning and research will vary, depending on such factors as estimated dollar value, complexity, and Increase in Equity Value. (3) Contract actions awarded pursuant to subparts 19.5, 19.8, 19.13, 19.14, or 19.15 are exempt from the requirements of this paragraph (h) (see section 1615 of the National Defense Authorization Act for Fiscal Year 2014 (Pub. The current threshold values for federal procurements are US$183,000 for contracts for goods and services and US$7,032,000 for construction contracts. chapter 35). (2) It is in the Governments interest to offer contractors opportunities for financial rewards sufficient to stimulate efficient contract performance, attract the best capabilities of qualified large and small business concerns to Government contracts, and maintain a viable industrial base. -Cost analysis (1) Contracting officers may require prospective contractors to submit make-or-buy program plans for negotiated acquisitions requiring certified cost or pricing data whose estimated value is $15 million or more, except when the proposed contract is for research or development and, if prototypes or hardware are involved, no significant follow-on production is anticipated. Depending upon the estimated dollar value of the acquisition: the contracting officer or the source selection authority. DoD, GSA, and NASA published an interim rule in the Federal Register at 75 FR 34277 on June 16, 2010, to implement section 826, Market Research, of the National Defense Authorization Act for Fiscal Year 2008 ( Pub. Historical acquisition data (a) General. When required by the contracting officer, data other than certified cost or pricing data may be submitted in the offerors own format unless the contracting officer decides that use of a specific format is essential for evaluating and determining that the price is fair and reasonable and the format has been described in the solicitation. (4) Replace the basic provision with its Alternate IV if certified cost or pricing data are not expected to be required because an exception may apply, but data other than certified cost or pricing data will be required as described in 15.403-3. This article explores the implications of acquisition value assessment for homesteaded property established in 1983 in Muscogee County, Georgia. (a) Purchase supplies and services from responsible sources at fair and reasonable prices. trade-offs made or relied on by the KO, including benefits associated with additional costs. Begins when legislation is passed or an executive order is issued that requires regulatory implementation plan, develop, execute. (9) To the extent such direction has a significant effect on the action, a discussion and quantification of the impact of direction given by Congress, other agencies, and higher-level officials (i.e., officials who would not normally exercise authority during the award and review process for the instant contract action). If there has been a significant time lapse between the last acquisition and the present one, if the terms and conditions of the acquisition are significantly different, or if the reasonableness of the prior price is uncertain, then the prior price may not be a valid basis for comparison. . (C) Expert technical advice should be obtained when analyzing similar items, or commercial products or commercial services that are of a type, or requiring minor modifications for commercial products, to ascertain the magnitude of changes required and to assist in pricing the required changes. What is the depreciation expense for 2019? Approvals needed. Unless the acquisition requires synopsizing: Select offer is the most advantageous to the government The KO must exercise the option prior to end date of the current period of performance. Reference (A) Use the basic clause in solicitations and contracts when the estimated value equals or exceeds $100,000, but is less than $182,000 [183, 000] Reg. Specify the total estimated dollar value of the acquisition, inclusive of options, and the total performance/delivery period. If such alternative approaches are selected, any resulting solicitations shall be issued in accordance with the competition requirements under FAR part 6; (ii) Make a written determination that the contracting approach selected is in the best interest of the Government; and. The TACPA business participation program requirement must be included in competitive acquisition with an estimated dollar value of $100,000 and over. When a forward pricing rate agreement or other advance agreement is used to price a contract action that requires a certificate, the certificate supporting that contract action shall cover the data supplied to support the FPRA or other advance agreement, and all other data supporting the action. (3) The auditor is responsible for the scope and depth of the audit. What are some potential sources for conducting market When taking into account expected run-rate synergies and tax benefits, the acquisition reflects a multiple of 8.3 times estimated LTM Adjusted EBITDA. -Market research The Simplified Acquisition Threshold (SAT) ( FAR 2.101) is $250,000. This clause also provides instructions to contractors on how to request an exception from the requirement to submit certified cost or pricing data. Check the applicable block below based on the acquisition circumstance. -Promoting full and open competition (i) Some initial production has already taken place; (ii) The contract will be awarded on a sole source basis; (iii) There are future year production requirements for substantial quantities of like items; (iv) The items being acquired have a history of increasing costs; (v) The work is sufficiently defined to permit an effective analysis and major changes are unlikely; (vi) Sufficient time is available to plan and adequately conduct the should-cost review; and. 3705(a) and 41U.S.C.3505(a)) if the contracting officer determines that adequate data from sources other than the offeror are not available. When determination of a fair and reasonable price is based on price analysis, the summary shall include the source and type of data used to support the determination. The price negotiation memorandum shall reflect the adjustments made to the data or the corrected data used to negotiate the contract price. (A) The necessity for, and reasonableness of, proposed costs, including allowances for contingencies; (B) Projection of the offerors cost trends, on the basis of current and historical cost or pricing data; (C) Reasonableness of estimates generated by appropriately calibrated and validated parametric models or cost-estimating relationships; and. (i) Except as provided in paragraph (n)(2)(ii), the contracting officer shall insert the clause 52.215-23, Limitations on Pass-Through Charges, in solicitations and contracts including task or delivery orders as follows: (A) For civilian agencies, insert the clause when-, (1) The total estimated contract or order value exceeds the simplified acquisition threshold as defined in section 2.101 and, (2) The contemplated contract type is expected to be a cost-reimbursement type contract as defined in subpart 16.3; or, (1) The total estimated contract or order value exceeds the threshold for obtaining cost or pricing data in 15.403-4; and, (2) The contemplated contract type is expected to be any contract type except-. (l) Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data. Acquisition premium represents the increased . Lowest Price Technically Acceptable (LPTA) (i) Consider the availability of alternative contract vehicles and the feasibility of contracting directly with a subcontractor or subcontractors that will perform the bulk of the work. 50% of the cash consideration payable by the Company for the Acquisition will be lent by Sure Victor to China Rongsheng, a subsidiary of Value Link and therefore a subsidiary of the Company upon . No, the tickets exceed the gratuity dollar threshold of $20, The _______ is the statutory requirement that ensures full and open competitio. What are Determination and Findings (D&F)? (iv) Reasons for categorizing items and work efforts as "must make" or "must buy," and proposing to "make" or to "buy" those categorized as "can either make or buy." awarding a Time and Materials contract? Its title or full text. . (5) The contracting officer may request the advice and assistance of other experts to ensure that an appropriate analysis is performed. Seven statutory exceptions. (a) General. (iii) Level of noncompetitive Government contracts. Purpose. a detailed analysis of the various cost elements associated with the acquisition that is used to estimate its cost or price. 1. Tactical market research Base year plus 4 option years The purpose of this Policy is to establish the Department of Health and Human Services (HHS) Information Technology Acquisition Review (ITAR) Program. (4) General access to the offerors books and financial records is limited to the auditor. Law The Federal Government's authority to enter into contracts derives from the U.S. Constitution, which defines its powers. Consent to subcontracts and review of contractors purchasing systems are separate actions covered in part 44. (1) The contracting officer shall obtain certified cost or pricing data only if the contracting officer concludes that none of the exceptions in 15.403-1(b) applies. 2377. Our acquisition regulations provide foundation on which the acquisition is based and legally delegate which type of authority to the contracting . (c) Acquisitions requiring make-or-buy programs. ", Should begin as soon as the agency need is identified. (a) General. ETHICS PROCUREMENT PERSONNEL: You are a COR working on the third year of a 5-year contract (football tickets) Estimated Capacity based upon POW = $250,000 . (b) Definition. Before applying profit or fee factors, the contracting officer shall exclude any facilities capital cost of money included in the cost objective amounts. For example, distributing costs equally among line items is not acceptable except when there is little or no variation in base cost. (A) Verifying sales history to source documents; (B) Identifying special terms and conditions; (C) Identifying customarily granted or offered discounts for the item; (D) Verifying the item to an existing catalog or price list; (E) Verifying historical data for a product or service previously not determined commercial that the offeror is now trying to qualify as a commercial product or commercial service; and. (4) When requesting field pricing assistance on a contractors request for equitable adjustment, the contracting officer shall provide the information listed in 43.204(b)(5). It's important to note, however, that as a good proportion (or indeed all) of the consideration paid could be the equity of the buyer, the acquisition price could depend on how the market reacts to the transaction. -People Who Are Blind or Severely Disabled (NIB/NISH or Ability One) (2) Upon the request of a contractor that was required to submit certified cost or pricing data in connection with a prime contract entered into before July 1, 2018, the contracting officer shall modify the contract without requiring consideration, to replace clause 52.215-13, Subcontractor Certified Cost or Pricing DataModifications, with its Alternate I. When taking into account expected run-rate synergies and tax benefits, the acquisition reflects a multiple of 8.3 times estimated LTM Adjusted EBITDA. The phases of the services acquisition process are. fiscal policy. plan, develop, execute. Also submit any information reasonably required to explain your estimating process (including the judgmental factors applied and the mathematical or other methods used in the estimate, including those used in projecting from known data, and the nature and amount of any contingencies included in the price). (vi) Analysis of the results of any make-or-buy program reviews, in evaluating subcontract costs (see 15.407-2).
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