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VAAR PART 815 - CONTRACTING BY NEGOTIATION


PART 815 - CONTRACTING BY NEGOTIATION


PART 815--CONTRACTING BY NEGOTIATION

SUBPART 815.5--UNSOLICITED PROPOSALS

§815.504

Advance guidance.

§815.506

Department procedures.

§815.506-1

Receipt and initial review.

SUBPART 815.6--SOURCE SELECTION

§815.607

Disclosure of mistakes before award.

SUBPART 815.8--PRICE NEGOTIATION

§815.804-2

Requiring certified cost or pricing data.

§815.804-70

Production and start-up and other nonrecurring costs.

§815.805-4

Technical analysis.

§815.805-5

Field Pricing Support

SUBPART 815.9--PROFIT

§815.901

General.

PART 815 - CONTRACTING BY NEGOTIATION

SUBPART 815.5 - UNSOLICITED PROPOSALS

§815.504   Advance guidance.

§815.506   Department procedures.

§815.506-1   Receipt and initial review.

SUBPART 815.6 - SOURCE SELECTION

§815.607   Disclosure of mistakes before award.

The Head of the Contracting Activity (as defined in §802.1) is delegated authority to permit withdrawal or correction of mistakes in proposals before award consistent with FAR 15.607. In accordance with FAR 15.607(c)(3), the HCA must obtain legal review prior to permitting correction of any mistake.

SUBPART 815.8 - PRICE NEGOTIATION

§815.804-2   Requiring certified cost or pricing data.

Under the circumstances prescribed in FAR 15.804-2(a), the contracting officer will require the prospective contractor to submit and to have any prospective subcontractor submit to the prime contractor, cost or pricing data and to certify to its accuracy and completeness. This data will be submitted by the contractor on SF 1411, Contract Pricing Proposal Cover Sheet, and will be used by the contracting officer in the evaluation of the offer and in the negotiation of the contract price or contract modification. The cost or pricing data is required to determine the reasonableness of the proposed price where such price is based on the cost of the proposed work. It is not required when the contracting officer determines that prices are based on adequate price competition, established catalog or market prices of commercial items sold in substantial quantities to the general public or prices set by law or regulation. To receive an exemption from the requirement for submission or certification of cost or pricing data when prices are based on established catalog or market prices or prices set by law or regulations, the contractor must ordinarily claim it on SF 1412, Claim for Exemption from Submission of Certified Cost or Pricing Data, when required by FAR subpart 15.804-3(e).

§815.804-70   Preproduction and start-up and other nonrecurring costs.

In evaluating start-up and other nonrecurring costs, the extent to which these costs are included in the proposed price and the intent to absorb or recover any such costs in any future noncompetitive procurement or other pricing action will be determined. The contracting officer will ascertain, with the assistance of the Assistant Inspector General for Policy, Planning and Resources (53), as required or considered necessary, that payment of such costs is not duplicated. For example, cost of equipment paid for by the Government through a setup or connection agreement will not be included in depreciation cost of a subsequently negotiated agreement.

§815.805-4   Technical analysis.

§815.805-5   Field pricing support.

SUBPART 815.9 - PROFIT

§815.901   General.

If a profit or fee is involved, it must be established as a dollar amount and not as a percentage of the cost estimate, in order to avoid the cost-plus-a-percentage-of-cost system of contracting which is not legal (see FAR part 16). Once established, the profit or fee cannot be escalated during the period of the contract. However, when a change order materially affects the scope of the work, an additional profit or fee or an appropriate reduction may be negotiated.

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