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  • Question

    In this scenario, did the customer commit any violation of procurement integrity or Anti-trust? Is Company A allowed to submit this price list? This seemed to be a grey area because BPAs are only agreements. Are price lists considered to be protected from other businesses? Thank you for any assistance.


    Answer

    Federal Acquisition Regulation (FAR) 13.106-3(a) says that the contracting officer must determine that proposed prices are fair and reasonable.  FAR 13.106-3(a)(2)(iii) has current price lists as one of the methods a contracting officer can use to help determine a fair and reasonable price.  If a contracting officer uses published price lists to help foster competition to get fair and reasonable prices this should not be a procurement integrity act violation.  If, however, the price list is marked as "proprietary information" or "confidential" indicating that the government should not disclose the information then it should not be disclosed by the government.  You should review this matter with your legal advisor.
     

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