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SapereAude

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About SapereAude

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  1. Interesting. Thank you for the indepth references. There are still a few areas of concern. Does the fact that most of the recent contracts for similar items are not only with the US Government entities, but international entities, affect the analysis? The terms and conditions of the contract, length of the contract, competition received in response to the requirement, even general contracting process, etc. are unknown at this point. What level of information should be collected from the offeror to adequately make this analysis have substance. Also, what qualifies as "prior cntracts" for the purposes of this analysis. Say, less than 5 years?
  2. Prior to this requirement, I would have only considered the meaning of the regs. However, the offeror's arguement is based on interpretation and so the words have become increasingly more important to distinguish. I think in order for the Government to make an informed decision, both the meaning of the regs and the interpretation of the words need to be addressed in some capacity. Unfortunately, the contracting method of other Government entities (mostly foreign) are unknown at this point. But it is our understanding that the initial requirement is competed and in some case the contract may be renewed without competition (possibly using follow-on like justification).
  3. An offeror for a sole source non-commercial supply contract has taken the position that adequate price competition is applicable and the Government should only require price analysis for evlauation of their proposal and Cost or Pricing Data should not be required. The offeror has referenced FAR 15.403-1(c )(1)(iii) indicating that the supplies sold to other Government entities represents adequate price competition. The offeror goes on to state FAR 15.403-1(c ) includes the term "or" and therefore not all three subparts are required to determine adequate price competition. The question is whether this position has validity or not. It is currently the Government's position that Cost or Pricing Data is required and the exception does not apply. Reference: FAR 15.403-1(c )(1)(iii) states, "Price analysis clearly demonstrates that the proposed 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."
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