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Chase Cooper

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  1. Don, this was a severable item and we did use the firm fixed price specified in the contract as opposed to current costs. I am a little confused though; are you saying that I should or should not require certified cost and pricing data in this situation?
  2. Yes, the contractor submitted a proposal and the proposal was for the same price specified in the contract. All the labor was fully burdened. I determined (and legal agreed) that the exception applied but my flight-chief vetoed my decision in his review. While there is not competition with a modification, I see the prices being based on adequate price competition since we are using the same prices established by the competed contract. I see the prohibition of 15.403-1(b)(1) applying since it specified "when the contracting officer determines that prices agreed upon are based on adequate price competition." I am not the only CO in my office to see it this way so I was curious about others' opinions and if anyone had guidance or case law supporting either side. Thanks for the input.
  3. No, only the price of the reduced scope CLIN is being adjusted. The work being descoped was individually priced in the contract. (Eg. a FFP contract is competed to re-roof 5 buildings. The price to re-roof each building is individually specified in the contract. The contract states that the fixed price to re-roof building #5 is $1M. The government later decides to descope building #5 from the contract and the contract value is decreased by $1M.) Correct, the work is not commercial and is not set by law or regulation.
  4. Yes, if the exception does not apply, I would be required to obtain certified cost and pricing data unless I requested a waiver.
  5. Situation: I am modifying a contract to descope some work that is no longer required by the government. The descoped work is individually priced in the contract and the prices were determined fair and reasonable based on adequate price competition. The value of the modification is over the TINA threshold. Question: Am I required to obtain certified cost and pricing data? FAR 15.403-1(b)(1) prohibits obtaining certified cost and pricing data when the CO determines that the the prices are based on adequate price competition. I would argue that, since the modification prices are based on the contract's competed prices, the modification prices are also based on adequate price competition. The counterargument is that the prices cannot be based on adequate price competition since the modification is inherently sole source. Which view is correct? Is there guidance to support either side?
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