govt2310 Posted August 19, 2016 Report Share Posted August 19, 2016 If a solicitation states that the agency will perform a "cost/price realism analysis," and the contract type is a combination of T&M and FFP CLINs, does that mean the agency has a duty to figure out the FAR 15.404-1 "probable cost" of each offeror's proposal? For the FFP portion, I believe a price realism analysis is limited to the purpose of assessing whether the offeror has a clear understanding of the work involved, so the offeror's total price cannot be adjusted. But for the T&M portion, it seems similar to cost-reimbursement, so that makes me believe the agency does have a duty to figure out the "probable cost" when doing the cost realism analysis. Does anyone have experience with this? Link to comment Share on other sites More sharing options...
ji20874 Posted August 19, 2016 Report Share Posted August 19, 2016 FAR 15.404-1( d )( 2 ) requires a cost realism analysis and determination of a probable cost for a cost-reimbursement contract. FAR 15.404-1( d )( 3 ) allows, but does not require, a cost realism analysis on a fixed-price contract. In such a case, a probable cost adjustment is not made. Nothing in the FAR requires a cost realism analysis for a time-and-materials contract. The GAO has opined, "Where . . . a solicitation anticipates award of a time-and-materials contract with fixed-price, fully-burdened labor rates, there is no requirement that an agency conduct a price or cost realism analysis, in the absence of a solicitation provision requiring such an analysis. . . . An agency may, however, at its discretion, provide for the use of a price realism analysis in a solicitation for the award of a fixed-price contract, or a fixed-price portion of a contract, to assess the risk inherent in an offeror’s proposal." See GAO Bid Protest Decision B-409015, Iron Vine Security LLC, January 22, 2014. Link to comment Share on other sites More sharing options...
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