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July 12, 2018 By AMK

Proposed rule would create a separate, more restrictive standard for ‘adequate price competition’

On June 12, 2018, the Department of Defense (“DoD”), the General Services Administration, and NASA proposed a new rule that would limit the “adequate price competition” exception to certified cost or pricing data requirements on all DoD, NASA, and Coast Guard procurements.

Currently, FAR 15.403-1 prohibits contracting officers from requiring contractors to submit certified cost or pricing data to support a contract action when the contracting officer determines that the prices agreed upon are based on “adequate price competition,” which the regulation defines in one of three ways:

  1. Two or more responsible offerors, competing independently, submit priced offers that satisfy the Government’s expressed requirement where award will be made in a best-value competition and there is no finding that the price of the otherwise successful offeror is unreasonable;
  2. Only one offer is received from a responsible offeror, but there was a reasonable expectation that two or more responsible offerors, competing independently, would submit priced offers, the offer received was submitted with the expectation of competition, and the determination that the proposed price is based on adequate price competition and is reasonable has been approved at a level above the contracting officer; or
  3. Price analysis clearly demonstrates that the proposal price is reasonable in comparison with current or recent prices for the same or similar items, adjusted to reflect changes in market conditions, economic conditions, quantities, or terms and conditions under contracts that resulted from adequate price competition.

The proposed rule, however, would eliminate the second and third definitions for the DoD, NASA, and the Coast Guard. Instead, for these agencies, a price would be based on adequate price competition “only if two or more responsible offerors, competing independently, submit responsive and viable offers.”

Keep reading this article at: http://www.mondaq.com/article.asp?articleid=715666

Filed Under: Government Contracting News Tagged With: adequate price competition, certified cost or pricing data, competition, cost and price analysis, DoD, GSA, NASA, responsible offeror

June 6, 2018 By AMK

Plan now to attend contract cost and price analysis course in July

Georgia Tech’s course on the Fundamentals of Cost and Price Analysis (CON 170) features an in-depth review of the market research process.  By attending, students gain fundamental quantitative pricing skills.

The 10-day course is being offered on July 9 – 20, 2018 on the Tech campus in the Global Learning Center in Midtown Atlanta.  Registration details can be seen here.

Attendees will learn how to accomplish Cost-Volume-Profit analysis, calculate Contribution Margin Estimates, and develop Cost Estimating Relationships to achieve effective price analysis pursuant to FAR Subpart 15.4.  These are the skills needed to negotiate pricing of contracts, subcontracts, and contract modifications.

Georgia Tech’s course includes an examination of the regulations and processes governing the use of cost analysis and requiring certified cost and pricing data.

After learning the basic elements of price and cost analysis, students receive instruction on how to build and defend a pre-negotiation objective, including a minimum and maximum pricing objective with a Weighted Guidelines Assessment.  Students also learn how to defend pricing objectives by practicing face-to-face negotiations.

By attending, you’ll learn how to:

  • Identify the Government’s Pricing Objective
  • Review an Independent Government Cost Estimate
  • Apply Price-Related Factors
  • Review General Cost Principles on Allowability
  • Evaluate Direct and Indirect Costs
  • Determine the Applicability of Cost and Price Analysis
  • Practice Cost and Price Analysis Techniques
  • Conduct Cost Realism Analysis

Attendees receive expert instruction, a printed guide to be used back on the job, valuable handouts, and exclusive web-based resources.  A complimentary breakfast is provided each morning, along with snacks throughout each class day.

This is a federal core course, required for FAC-C and DAWIA certification.  Register here.

The Contracting Education Academy at Georgia Tech is an official Defense Acquisition University (DAU) equivalency training provider.  Georgia Tech’s coursework also is recognized by the Federal Acquisition Institute (FAI).

Filed Under: Academy News Tagged With: CON 170, cost and price, cost and price analysis, DAU, DAWIA, FAC-C, FAI, Georgia Tech

March 21, 2018 By AMK

Georgia Tech is the place to learn how to analyze contractor pricing

Georgia Tech’s course on the Fundamentals of Cost and Price Analysis (CON 170) features an in-depth review of the market research process.  By attending, students will gain fundamental quantitative pricing skills.

The 10-day course is being offered on April 23 – May 4, 2018 on the Tech campus in the Global Learning Center in Midtown Atlanta.  Registration details may be seen here.

Attendees will learn how to accomplish Cost-Volume-Profit analysis, calculate Contribution Margin Estimates, and develop Cost Estimating Relationships to achieve effective price analysis pursuant to FAR Subpart 15.4.

Our course includes an overview of the regulations and processes governing the use of cost analysis and requiring certified cost and pricing data.

After learning the basic elements of price and cost analysis, students will receive instruction on how to build and defend a pre-negotiation objective, including a minimum and maximum pricing objective with a Weighted Guidelines Assessment.  Students also learn how to defend pricing objectives by practicing face-to-face negotiations.

By attending, you’ll learn how to:

  • Identify the Government’s Pricing Objective
  • Review an Independent Government Cost Estimate
  • Apply Price-Related Factors
  • Review General Cost Principles on Allowability
  • Evaluate Direct and Indirect Costs
  • Determine the Applicability of Cost and Price Analysis
  • Practice Cost and Price Analysis Techniques
  • Conduct Cost Realism Analysis

Attendees receive expert instruction, a printed guide to be used back on the job, valuable handouts, and exclusive electronic resources.  A complimentary breakfast is provided each morning, along with snacks throughout each class day.

This is a federal core course, required for FAC-C and DAWIA certification.  Register here.

The Contracting Education Academy at Georgia Tech is an official Defense Acquisition University (DAU) equivalency training provider.  Georgia Tech’s coursework also is recognized by the Federal Acquisition Institute (FAI).

Filed Under: Academy News Tagged With: CON 170, cost and price, cost and price analysis, DAU, DAWIA, FAC-C, FAI, Georgia Tech

April 27, 2017 By AMK

GAO best practices light the way

Since 2005, the U.S. Government Accountability Office (GAO) has developed and distributed a series of guides that address shortcomings, recommend best practices, as well as related case studies regarding integrated program management (IPM).

All were developed to support improved performance and end results of federal government programs through better planning, risk awareness and enhanced management decision making.

Overview

Best practices guides are compilations that federal organizations and industry use to develop and maintain reliable project controls and management tools throughout the life of a government acquisition program. Guides can be used across the federal government for developing, managing and evaluating various aspects of federal acquisition programs. Guides provide principles for GAO auditors to use in assessing various aspects of acquisition programs.

It is important to note that all guides were developed in collaboration with experts in one or all of the cost, schedule or technical management disciplines covered by the best practice guides. This approach was implemented with the development of the first best practice guide and has become a well-understood process that has been applied to other publications. The process itself involves GAO seeking input from a wide range of experts, starting with planning and design through report development.

GAO’s best practice guides are developed through an iterative, consultative process that involves a committee of experts in the related domain(s). Members are from government agencies, private companies, independent consultant groups, trade industry groups and academia. On the Cost Guide, comments were invited from nearly 1,000 experts representing a broad range of industries, international perspectives and program environments. Expert meetings are open to anyone with the requisite experience and interest in the topic. Meeting minutes are extensively documented and archived after review by the GAO team and all participants.

Best Practice Guides

The foundational guides that have been published to date and are in development are as follows:

The Cost Estimating and Assessment Guide (GAO-09-3SP) 

GAO’s original intention was that the Guide would provide GAO auditors with a standardized approach for analyzing program costs. Internal GAO research found that federal guidelines were limited on processes, procedures and practices for ensuring credible cost estimates. The team concluded that GAO could best serve the Congress and the federal community by filling that gap. GAO began drafting the Guide in 2005, issued a draft release in 2007 for public comment and officially released the Guide in 2009.

The purpose of the Cost Assessment Guide is to:

  • Address generally accepted best practices for ensuring credible program cost estimates applicable across government and industry.
  • Provide an explicit link between cost estimating and earned value management (EVM).
  • Discuss how both cost estimating and EVM are needed for setting realistic program baselines and managing risk.

Schedule Assessment Guide (GAO-16-89G) 

The Schedule Assessment Guide expands on the scheduling concepts introduced in the draft Cost Guide and was intended to be an appendix to the official release of the Cost Guide but instead was issued as a publication in its own right. Drafting of the Guide began in 2010; a draft was issued for an 18-month comment period in 2012, and the final draft was issued in 2015.

The purpose of the Schedule Assessment Guide is to allow GAO auditors to assess the reliability of reported dates through an assessment of project schedules. It is also a useful resource for agencies to create or append existing policies and guidance on creating and maintaining project schedules.

Technology Readiness Assessment Guide  (GAO-16-410G)

The Technology Readiness Assessment Guide fills a criteria void on “performance” (particularly technical) in the “cost-schedule-performance” trio of management elements of capital acquisition programs. Drafting of the Guide began in 2013, a draft was released for a 12-month comment period in 2015, and the final is scheduled to be issued in 2018.

This Guide was designed to bring understanding and practice of technology readiness assessments, invented decades ago by NASA and utilized extensively in the Department of Defense, but now available to other agencies that lack a large technical staff. It also allows GAO auditors to assess the reliability of the identification and management of technologies critical to the success of a given capital acquisition program. It is intended to help agencies create or append existing policies and guidance on creating and maintaining technology readiness assessments, whether they are for ongoing, day-to-day project management or major milestone decision points.

Cost Estimating and Assessment Guide — Update Document

This revised version of the Cost Guide updates the original 2009 Cost Guide and is intended to improve definitions of criteria and leading practices based on lessons learned over 8 years of application and to provide the latest industry and government practices along with updated references to existing laws and federal guidance. This Guide provides updated graphics, more recent case studies, and provides integration with the Schedule Guide, the Technology Readiness Guide, the Agile Guide, and Standards for Internal Control. Drafting began in 2016, with release scheduled for 2018.

Agile Implementation Guide (Draft)

This Guide will fill a criteria void on “cost,” “schedule” and “performance” (particularly technical) in the “cost-schedule-performance” trio of management elements of capital acquisition programs when specifically auditing programs utilizing an Agile, rather than traditional, software development approach. It also addresses the cultural and organizational changes that are needed for Agile development to effectively work in a government agency. Drafting of the Guide began in 2016; a draft is expected to be released for a 24-month comment period in 2019, with final issuance probably in 2021.

The Agile Guide is intended to foster a better understanding and practice of Agile software development, codified in a 2001 manifesto drafted by software development experts in the private sector, but now utilized extensively by federal agencies and soon to be promoted as the preferred approach to software development by the Office of Management and Budget. It is intended to allow GAO auditors to assess the reliability of the management of processes and technologies critical to the success of capital acquisition programs using an incremental or Agile approach to software development and the risk assumed by federal agencies in transitioning from a traditional to Agile approach to software development.

The Agile Guide is meant to be useful for agencies seeking to create or append existing policies and guidance on developing software using an Agile approach, whether for ongoing, day-to-day project management or overarching organizational policy.

Availability

All GAO best practice guides are available free of charge online by browsing at http://www.gao.gov/search.

All of the best practice guides include numerous case study examples highlighting the advantages and disadvantages of varying degrees of following their recommended practices. These case studies are also documented and available at the same Web resource page free of charge for those wishing to explore the topics in greater depth.


 

The author of this article is Karen A. Richey, assistant director for the Applied Research and Methods team at the Government Accountability Office.  Ms. Richey can be contacted at richeyk@gao.gov.  

This article first appeared in the May-June 2017 Defense AT&L Magazine now available online at: https://www.dau.mil/library/defense-atl/p/Current-Issue

 

Filed Under: Government Contracting News Tagged With: best practices, cost and price analysis, GAO, program effectiveness

September 26, 2016 By AMK

IG: VA contracts not based on need nor negotiated at fair and reasonable prices

The Office of the Inspector General (OIG) of the Department of Veterans Affairs (VA) has found significant weaknesses in the planning, evaluation, and award of a series of acquisitions, determining the contracts were not developed or awarded in accordance with acquisition regulations and VA policy intended to ensure services acquired are based on need and at fair and reasonable prices.  

VA-LogoThe VA contracts in question are known as Patient-Centered Community Care (PC3) contracts, designed to provide veterans with a comprehensive, nationwide network of high quality, specialty health care services.

In September 2013, the VA awarded the PC3 contracts for an estimated $9.4 billion, with a potential cost to VA of $27 billion.  The OIG found that contracting officials solicited proposals from vendors without clearly articulating VA’s requirements.  Thus, the vendors bidding on the solicitation did not have sufficient information on the type of specialty health care services they would need to provide, where to provide them, and their frequency. Thus, according to the OIG “the VA increased the risk of not achieving the objectives of PC3 by inadequately identifying its health care service requirements.”

Documentation supporting vital contract award decisions was either not in VA’s Electronic Contract Management System or incomplete. Of the documents available, the OIG noted that the awarded costs were actually negotiated at a higher rate than originally proposed by one of the vendors. Among the OIG’s other findings:

  • Evidence for negotiated cost decisions was not documented in the price negotiation memo.
  • Accountability for ensuring the effective award of the PC3 contracts was not vested with a senior executive at VA.
  • Although the contracting officer had the authority to execute these contracts, the level of oversight for this degree of contract risk did not provide reasonable assurance that VA’s interests were adequately protected.

The Veterans Access, Choice, and Accountability Act of 2014 (Choice) was enacted on August 7, 2014. According to VA’s Under Secretary for Health in a memo dated July 7, 2016, since implementing the Hierarchy of Care memorandum in May 2015, the use of Choice has increased tremendously, while PC3 use has dwindled.  The OIG recommended the VA’s Principal Executive Director for Acquisition, Logistics, and Construction improve oversight and accountability, and ensure sufficient planning on all high dollar value and complex acquisitions.  The Principal Executive Director concurred with the OIG’s recommendations and an acceptable corrective action plan was provided , the OIG reports.

Source: http://www.va.gov/oig/publications/report-summary.asp?id=3790

Read the OIG’s full report at: http://www.va.gov/oig/pubs/VAOIG-15-01396-525.pdf

Filed Under: Government Contracting News Tagged With: acquisition planning, Choice, contact administration, cost and price analysis, fair and reasonable price, IG, negotiated price, OIG, oversight, PC3, VA

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