4. Subject to subparagraph (b) points 5 and (6) of this Subsection, the procuring entity shall allow the offsetting of all underestimated cost or certified price data transmitted to support price negotiations up to the level of the Government`s right to overstated price data resulting from the same price action (p.B the initial pricing of the same contract or pricing of the same order of amendment). (7) A summary of the contractor`s proposal, any recommendations in support of the field pricing, including the reasons for any relevant deviations from the field pricing, the government`s negotiating objective and the negotiated position. Where the determination of a fair and reasonable price is based on a cost analysis, each significant cost element is addressed in the summary. Where the determination of a fair and reasonable price is based on a price analysis, the summary shall include the source and type of data used to support the determination. An agreement to restrict production, sale or production is just as illegal as direct pricing, because reducing the supply of a product or service drives up the price. For example, the FTC challenged an agreement between competing oil importers to restrict the supply of lubricants by refusing to import or sell those products in Puerto Rico. Competitors have tried to pressure lawmakers to levy an environmental filing tax for lubricants, warning of lubricant shortages and higher prices. The FTC argued that the conspiracy was an illegal horizontal agreement to restrict production, which was inherently likely to affect competition and had no countervailing efficiency that would benefit consumers. a) Where certified cost or price data is required, suppliers are required to describe any forward pricing agreement (FPRA) in each specific price proposal to which the tariffs apply and to identify the most recent cost or price data already submitted in accordance with the FPRA. All data transmitted within the framework of the FPRA and updated if necessary are part of the aggregate data that the supplier certifies as correct, complete and up-to-date at the time of the price agreement for an initial contractual contract or for a contract modification.

(See the current cost certificate or price data at 15.406-2.) (d) for each advisory examination received on the basis of a posteriori verification and indicating incorrect prices, the contracting authority shall determine whether the data transmitted were incorrect and on which they were based. Before taking such a decision, the contractor should give it the opportunity to support the accuracy, completeness and timeliness of the data concerned. The officer shall draw up an agreement documenting both the finding and the resulting corrective measures. The contract agent shall send the auditor a copy of this memorandum and, if the management contract has been delegated, a copy to the administrative tenderer (ACO). A copy of the memorandum or any other notification of the Client`s determination will be given to the Contractor. Where the contractor finds that it has provided incorrect cost or price data, it shall ensure, in accordance with the Agency`s procedures, that the information on the final determination of the contracting authority is communicated in accordance with point (h) of Article 42.1503. Organizations must ensure that up-to-date information that modifies changes to a contractor`s previous final decision is recorded in the FAPIIS module of PPIRS if: -1) contract agents may require potential contractors to submit manufacturing or purchasing program plans for negotiated acquisitions that require certified cost or price data with an estimated value of $13.5 million. or more, unless the proposed contract is intended for research or development and, in the case of prototypes or equipment, no significant follow-up production is to be expected.

(1) The total estimated value of the contract or contract exceeds the threshold for obtaining cost or price data referred to in 15.403-4; and (iii) the modification of a sealed offer or negotiated contract (whether or not originally certified cost or price data was required) or a subcontract under paragraph (a)(1)(ii) of this subsection. Price adjustment amounts must account for both increases and decreases (p.B a change of $200,000 resulting from a reduction of $500,000, and an increase of $300,000 is a price adjustment that exceeds $750,000). This requirement does not apply if independent and separately calculated changes that would not otherwise require certified cost or price data are included in the same amendment for administrative reasons. Negotiated final pricing measures (e.B. Termination declarations and total final price agreements for fixed-price incentives and redeterminable contracts) are contract changes that require certified cost or price data if – A: A: A uniform and simultaneous price change could be the result of prices, but also the result of independent business reactions to the same market conditions. For example, if conditions in the international oil market lead to an increase in the price of crude oil, this could lead to an increase in the wholesale price of gasoline. Local gas stations can respond to rising wholesale gasoline prices by raising their prices to cover these higher costs. Other market forces, such as the public publication of current prices (as is common at most petrol stations), encourage suppliers to quickly adjust their own prices so as not to lose sales.

However, if there is evidence that the service station operators discussed the price increases among themselves and agreed on a common tariff plan, this may be a breach of the cartel. (ii) where it is necessary to have written technical and audit reports, the contractor shall request the verifier to transmit the audit report simultaneously to the requesting contracting authority and to the administrative agent (ACO); The results obtained from field price assistance may refer to audit information, but do not need to be consistent with audit recommendations and technical recommendations. A copy of the information provided to the agent by the on-site pricing staff shall be made available to the verifier. This document provides instructions for creating a contract price proposal when certified cost or price data is required. (a) the agent records in the contract file the main elements of the negotiated agreement; The documentation (e.B. Price Negotiation Memorandum (PNM)) must contain the following: (2) All others. Obtain certified cost or price data from potential sources of acquisitions (p.B subcontractors, purchase orders, material orders, etc.) that exceed the threshold set out in FAR 15.403-4 and are not otherwise exempted under FAR 15.403-1 (b) (i.e., competition at reasonable prices, goods, prices set by law or regulation, or derogations). .

An Agreement on Pricing