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  • Question

    If the subcontractor's position is still above our disclosed evaluated position, are our counteroffers considered to be certified cost or pricing data?


    Answer

    Your counter offer to a subcontractor is considered certified cost or pricing data (CCPD) only if it supports a figure in your proposal.  I presume your price proposal reflects a higher figure and you've supported that higher amount with the initial subcontractor quote.  This is generally a poor negotiation tactic unless you are truly acting in good faith. 
     
    I'll bypass detailed comments on the integrity of the CCPD flow-down clauses, FAR 52.215-10 and -12.  But know, that ACO's and Auditors are aware that contractors can stall their subcontract negotiations until after they submit their CCPD certificate to the government.  Where a pattern of this behavior develops, Contracting Officers can rightly use DFARS PGI 215.404-3 to justify applying a decrement to the subcontracting portion of your proposal during negotiations.  This can easily sour the environment before work even begins! 
     
    Background:
    The sole source RFP that you are proposing against contains the provision at FAR 52.215-20Paragraph (b)(1) in that provision states that Table 15-2 should be treated as if it were incorporated into the text.  This gives authority to "Note 1" within Table 15-2, which says the requirement for CCPD continues up to the time or agreement on price and updates should be submitted promptly.  Paragraph B of Table 15-2 indicates that you must annotate, on an index submitted with your proposal, subsequent changes to your CCPD all the way through the agreement on price.
     

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