Pricing Knowledge

FAR 16.505( b )( 1 ) covers the Fair Opportunity notion for orders under multiple-award IDIQ contracts. 16.505( b )( 1 )( ii )( A ) requires that each awardee have a fair opportunity to be considered for each order, and ( B ) prohibits any practice that would not result in fair consideration being given to all awardees prior to placing an order. However, these demands are on the contracting officer, not a contractor.

You might reasonably assume that all awardees are being given the same information. But if not, you can always ask -- for example, when a notice of intent to make a purchase comes out and you are given an opportunity to submit an offer, you can share with the contracting officer that you previously heard from another agency employee that the budgeted amount for this work is $250,000 and you want to validate if that is still true.

Thank you ji20874.

The rules about this depend on the precise nature of the information that you have been given. First, read FAR Subpart 3.1, which contains rules about disclosure. Read the official definitions of all terms. Read the FAR supplement of the agency that you are doing business with to see what if any additional restrictions and definitions might apply.

When someone contacts you to provide such information, ask if the contracting officer knows they are releasing it, if they can get in trouble for releasing it, and if you can get in trouble for accepting it. Make detailed notes of every conversation that you have with every agency employee who provides such information to you. If you are concerned, notify the contracting officer of what has been going on. Be aware that if you do that you will be asked to name names. If you do, you might make enemies that could affect your chances to win future business. If you don't you might be visited by an agency investigator or the FBI. Having said all of that, it may be that nothing improper is being done, but I doubt it.

You might find yourself between a rock and a hard place. Unfortunately, that's what happens to contractors when government employees do things that they should not because they are ingnorant, stupid, crooked, or just asses.

Thanks Mr. Edwards.