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“SMALLTOFEDS” BY Ken Larson
“Avoid defective pricing accusations by establishing credibility with your customer through consistent, regulatory-compliant, cost and pricing in your proposal submissions and negotiations.
Assuming a proposal to a government agency has an acceptable technical solution and past performance and management factors that convince the customer it is a viable candidate, then pricing may be the winning element in the source selection equation.”
“The mechanics of government contract pricing have been discussed previously at this site. The discussion relates how pricing should be a natural outgrowth of the organization structure, market strategy, competitive analysis, business system design and long range planning:
Pricing Service ContractsThe above article also explains how long and short term pricing factors should be integrated with the management and technical elements of any given proposal and that a total view of the business is best presented by integrating long-term company strategy with short term proposal objectives.
The purpose of this article is to augment the above discussion with tips on establishing and maintaining credibility in pricing to a government customer.
Certified Cost or Pricing Data
Certified cost or pricing data under the “Truth in Negotiations Act” (10 U.S.C. § 2306a) or TINA statute is proposal pricing, which for procurements greater than $750,000, (Section 811 of the fiscal year 2018 NDAA includes a provision that increases the threshold up to $2,000,000.) is certified by the contractor as accurate, complete and current as of the date of agreement on price.
The absence of a certificate does not eliminate defective pricing liability.
The statement underlined above is a key principle in relationships with the government and its auditors. TINA influences a government auditor’s thinking and it is in the back of the mind of every contract negotiator. They are taught and learn by experience to look for TINA faults.
Thus, even if your procurement does not meet the above threshold for TINA certification you should price to establish a similar credibility with your customer, even though you may not have to sign a TINA “Certificate of Current Cost or Pricing”. Doing so is simply good risk management in business.
You may read more about cost and pricing data and the negotiation process at the following link:
Remember Historical Data is Precedent Setting
All auditors, negotiators and pricing analysts are preconditioned to utilize historical data. The last or most favorable price offered a customer for a commercial off-the- shelf product is strong support for what is currently being quoted. This is particularly true of GSA Schedule negotiations, product updates or repetitive buying situations. If you are a commercial supplier, a quantity factor will also enter into play. In general, orders of higher quantity than historical pricing quantities undergo downward pricing pressure by the buyer unless some other factor such as a non-recurring tooling charge, learning curve interruption, obsolescent material or other upward factors can be offered as support for a higher unit price on a higher quantity buy.
Educate Your Auditor
An auditor who is familiar with your forward pricing rates, your business system and your product lines will understand your proposal cost and pricing data better than one who has not been briefed on the big picture of your company business operation. Take the time to conduct briefings at that level and acquaint new government personnel with your operations. Do not assume he or she has read prior audit reports. They may have done so but a face to face courtesy briefing is much more effective than reading some other auditors view of a specific proposal.
This factor can be a double edged sword, however. An auditor who knows the operation extremely well can also spot deviations in cost and pricing data and require explanations for anomalies in pricing based on observed trends.
Develop a Comprehensive Basis of Estimate (BOE)
A good BOE should have the following principal attributes:
* Clear identification of the products, services, skills, materials and performance factors required to complete the contract and material/subcontract quotes, labor categories and skill sets to perform the effort.
* A description of the conditions under which the contractor will be required to perform and any related environmental or location factors that affect the hours or dollars quoted
* Specific references to product specifications that govern an acceptable product or services performance outcome and delivery acceptance so that the cost data has boundaries.
* A schedule for the contract that identifies discrete delivery dates for products and specific start and end dates for supporting labor to that escalation and price expiration are established.
* A precise description of government/customer furnished material or facilities required and when it will be made available to the contractor to bound the expectations of the client with respect to elements your company cannot or will not control.
Insure Compliance with Cost Accounting Standards (CAS) Requirements
Small businesses are generally required to meet modified CAS coverage for service contracts. This requires consistency in the manner in which a small business quotes a proposal and the manner in which costs and billings are accounted after award. You can read about these requirements at the following link:
What Small Business Should Know About FAR and CAS
Insure your proposal contains no unallowable costs and that your direct labor as well as your overhead and G&A rates are applied in accordance with your latest forward pricing agreement. If you do not have a forward pricing agreement, explain precisely how your rates were developed from a CAS compliant business system perspective:
FAR And CAS Compliant Business Systems
Utilize Weighted Guidelines as a Check to Prepare Support for the Profit Rate Quoted
Although policy in FAR Part 215-404-4 states that contracting officers ….” do not perform a profit analysis when assessing cost realism in competitive acquisitions”, it is wise to understand the contracting officer and his representatives are indirectly forming opinions of the risk to the contractor and the mix of cost elements in the proposal. That opinion directly effects profit negotiations and judgments.
Contractors should be aware that the Weighted Guidelines Method is mandatory for all negotiated procurements except Cost-Plus Award Fee Contracts and exceptions as approved by a higher authority. Contracting officers are to prepare their position using DD Form 1547 with associated backup and file it at the conclusion of negotiations.
Understanding the weighted guidelines method can assist in achieving a higher profit on a negotiation because a contractor can present a position at the table that logically supports the following elements required by FAR Part 215-404-4:
* Performance risk
* Contract type risk
* Facilities capital employed
Read more regarding the Weighted Guidelines Method at the following link:
A reputation for defective pricing leads to accusations of waste fraud and abuse in government contracting and is mostly about what a contractor knew regarding company prices at the time a bid was negotiated and what the contractor did not disclose in the supporting data regarding the likely cost outcome of the contract.
Actions taken by the government and litigation resulting from defective pricing become part of the contractor past performance record and must be disclosed during competition for other programs.”
ABOUT THE AUTHOR:
As a Micro Mentor Volunteer Counselor, Ken assists many small businesses with their planning and operations processes. He receives many inquiries from small companies wishing to enter or enhance their position in federal government contracting. Volunteer time, books, articles, and resources are 100% free and maintained exclusively for small business on the above subjects. Small business owners or prospective owners locate at