Pre-Contract Authorization
Started by here_2_help · Nov 13, 2018 · 3 replies
- hOriginal post
here_2_help
Nov 13, 2018 · 7y ago
Sometime in the past 12 months or so, a forum (ASBCA or CoFC, I believe) issued a decision regarding the elements necessary for the allowability of a contractor's pre-contract costs. As I recall, the government argued that specific pre-authorization was required, and the court held otherwise, using a strict reading of FAR 31.205-32. I've drawn a blank trying to remember that decision. Does anybody know of it?
Much appreciated.
- j
joel hoffman
Nov 13, 2018 · 7y ago
oops. Wrong cite
- R
Retreadfed
Nov 13, 2018 · 7y ago
H2H, is this what you had in mind
Absent an advance agreement, recovery of pre-contract costs requires proof of four elements: (1) the costs were incurred prior to the effective date of the contract; (2) the costs were incurred directly pursuant to negotiation of the contract and in anticipation of award; (3) the costs were necessarily incurred in order to comply with the proposed contract delivery schedule; and (4) the costs would have been allowable if incurred after the date of the contract. Radant Technologies, Inc., ASBCA No. 38324, 91-3 BCA ¶ 24,106 at 120,657; FAR 31.205-32.
The four part test from Radant had been cited in a few later cases.
- h
here_2_help
Nov 13, 2018 · 7y ago
Thank you very much Retread