Unsolicited Proposal - Certified Cost or Pricing Data Required?

FAR 15.605©(1) says supporting information should include "Proposed price or total estimated cost for the effort in sufficient detail for meaningful evaluation...". I didn't see anything in the FAR guidance on unsolicited proposals that requires submittal of certified cost or pricing data.

I believe the Government would review the submittal, determine if they want to proceed with award of an unsolicited proposal and, if they desire to proceed, they would then ask for certified cost or pricing data in support of negotiations (assuming no exception or waiver is applicable).

Is the the way it works?

That's definitely what I would advise. There's no sense in putting folks through the Certified Cost or Pricing Data drill if we're not going to proceed with a contract.

15.403-4 Requiring certified cost or pricing data (10 U.S.C. 2306a and 41 U.S.C. chapter 35).

2. A Certificate of Current Cost or Pricing Data, in the format specified in 15.406-2, certifying that to the best of its knowledge and belief, the cost or pricing data were accurate, complete, and current as of the date of agreement on price or, if applicable, an earlier date agreed upon between the parties that is as close as practicable to the date of agreement on price

15.403-4 Requiring certified cost or pricing data (10 U.S.C. 2306a and 41 U.S.C. chapter 35).

2. A Certificate of Current Cost or Pricing Data, in the format specified in 15.406-2, certifying that to the best of its knowledge and belief, the cost or pricing data were accurate, complete, and current as of the date of agreement on price or, if applicable, an earlier date agreed upon between the parties that is as close as practicable to the date of agreement on price

In other words you don't certify the cost or pricing data upon initial submission. You submit " cost or pricing data " (which should be accurate and complete) at the appropriate time for negotiations. One generally certifies the data upon completion of negotiations and agreement and, if necessary, updates it. Updates might necessitate further negotiations.

The question here is probably whether or not cost or pricing data are required with the submission of an unsolicited proposal. It would seem reasonable to expect a proposing firm to take the time to develop a realistic, accurate proposal (including cost or pricing data, if applicable) if it wants the government to make a decision about forming a contract. But I am at the beach this week without access to "Formation of Government Contracts" or to a computer.

Joel, what do you mean by "updates"? Are you implying that a contractor has to update certified cost or pricing data after agreement on price?

Joel, what do you mean by "updates"? Are you implying that a contractor has to update certified cost or pricing data after agreement on price?

When contractors sometimes perform internal "sweeps" before certifying the cost or pricing data after negotiations, they might find some inaccuracy in the data then notify the government and/ or change a cost or price.

FAR 15.605©(1) says supporting information should include "Proposed price or total estimated cost for the effort in sufficient detail for meaningful evaluation...". I didn't see anything in the FAR guidance on unsolicited proposals that requires submittal of certified cost or pricing data.

I believe the Government would review the submittal, determine if they want to proceed with award of an unsolicited proposal and, if they desire to proceed, they would then ask for certified cost or pricing data in support of negotiations (assuming no exception or waiver is applicable).

Is the the way it works?

Yes, that's how it works.

I would not expect a contractor to submit certified cost or pricing data with an unsolicited proposal. I would not require the submission of such data until the proposal had been initially reviewed in accordance with FAR 15.606-1 and evaluated in accordance with FAR 15.606-2, and I were authorized to commence negotiations in accordance with FAR 15.607( b ). See also any agency-specific procedures,

I know you don't submit a certificate of current cost or pricing data until after "handshake". I am using the term "certifed cost or pricing data" because that is how it is now referred to in the FAR. The FAR now only has two categories - certified cost or pricing data or "data other than certified cost or pricing data".

If the FAR intended submittal of certified cost or pricing data with the initial submittal of an unsolicited proposal, wouldn't it have said explicitly that? It seems to me that there has to be meaning in the words "Proposed price or total estimated cost for the effort in sufficient detail for meaningful evaluation" (15.605©(1). It makes sense that you would submit sufficient detail, then, if the Government really wanted to proceed, you would submit certified cost or pricing data in support of negotiations and then, upon completion of negotiations, execute a certificate of current cost or pricing data. This way, the Government gets what it needs to decide if they want to move forward, and the Contractor hasn't spent potentially unnecesary resources developing a proposal that might not go anywhere.