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gibson

Cost or pricing data not required for streamlined proceedures?

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This is a more concise re-write of a previous message

Does the clause at 5252.216-9540 ISSUANCE OF ORDERS USING STREAMLINED PROCEDURES (copy provided below) negate the requirement for cost or prcing data? The method prescribed in this clause provides that the the Gov submits its independent Gov estimate (IGE) to the contractor in lieu of the contractor submitting a proposal. If the contractor believes he can do it for the amount in the IGE he accepts amount and the Gov awards a non-competitive T.O.s (T.O. may exceed $650K)

Althought the streamlined method does not specifically state cost or pricing data is NOT required I'm wondering if this method used by the Gov properly negates the requirement for cost or pricing data. Note that none of the exceptions in FAR 15.403 appear to apply.

Could it be that this is a revers role of offer and acceptnace ? (i.e Gov makes offer and the company has the option of accepting that offer versus providing thier own offer)?

Still, the requirements of FAR 15.4 linger and I wonder if our company is exposed should DCAA audit these files and look for the TINA cert.

Thanks in advance for your thoughts.

Gibson

COPY OF CLAUSE 5252.216-9540 ISSUANCE OF ORDERS USING STREAMLINED PROCEDURES

(1) For each proposed order, the contracting officer will provide the contractor with a statement of work (SOW) and an independent Government cost estimate (IGCE).

(2) Within three (3) working days of receipt of the SOW and IGCE, the contractor will respond with a confirmation letter agreeing to perform the SOW within the IGCE. If the requirement remains valid and the contracting officer determines the IGCE to represent a fair and reasonable price, a fully negotiated, priced order will be issued to the contractor.

(3) If the contractor does not agree with the SOW and/or IGCE, a proposal will be submitted to the contracting officer within five (5) working days of receipt of the SOW and IGCE, addressing only the specific areas of differences. Once the differences are resolved between the contracting officer and the contractor, and the contracting officer determines that the price is fair and reasonable, a fully negotiated, priced order will be issued to the contractor.

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