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  • Question

    Do I have a qualifying proposal?


    Answer


    If you are still deciding scope, it would be impossible to deem the NTE proposal as a qualifying proposal that contains sufficient cost or price detail per DFARS 217.7401(c)  Definition of Qualifying Proposal as provided below:
     
    (c) “Qualifying proposal” means a proposal containing sufficient information for the DoD to do complete and meaningful analyses and audits of the—
      (1) Information in the proposal; and
      (2) Any other information that the contracting officer has determined DoD needs to review in connection with the contract.

    Waiting on an audit does not make the proposal non qualifying as long as an audit could be accomplished or the existence of a Forward Pricing Rate Agreement. The act of still defining scope is what drove my opinion as to whether the proposal is a qualifying proposal. Please note that NTE proposals are not normally all inclusive because of urgency etc. The definitization proposal is what's critical and it should meet the requirements of a qualifying proposal to a well defined scope of work. The Contracting Officer makes the determination of whether the proposal contains sufficient meaningful information to perform an analysis and audit of the proposal. In your scenario, the act of still determining scope was the tipping point.

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