15.404-2 Data to support proposal analysis
Source: FAR 15.404-2 on acquisition.gov
Contracting officers must obtain and properly document sufficient data—through field pricing and audit assistance as needed—to ensure fair and reasonable pricing in government contracts.
Overview
FAR 15.404-2 outlines the requirements and procedures for obtaining and using data to support proposal analysis in government contracting. It details when and how contracting officers should request field pricing and audit assistance, the types of information that may be sought, and the proper handling and reporting of such data. The regulation also addresses the responsibilities of contracting officers, auditors, and administrative contracting officers (ACOs) in ensuring that proposal data is sufficient, accurate, and appropriately protected. It provides guidance on dealing with deficient proposals and the steps to take if access to necessary data is denied.
Key Rules
- Field Pricing Assistance
- Contracting officers should request field pricing assistance when available information is inadequate, tailoring requests to the minimum essential data needed for analysis. Field pricing can include technical, audit, and market information.
- Reporting Field Pricing Information
- Results of field pricing reviews can be reported orally, in writing, or electronically, and must be included in the official contract file. Written reports should be shared with relevant parties, including audit agencies.
- Audit Assistance
- Contracting officers should contact the cognizant audit office directly for audit support, and should not request redundant preaward audits unless prior audits are inadequate. Auditors control the scope of audits and have exclusive access to financial records.
- Deficient Proposals
- If proposal data is insufficient or access is denied, the contracting officer must act promptly to obtain the required data, and may withhold award or refer the matter to higher authority if issues persist.
Responsibilities
- Contracting Officers: Request and tailor field pricing/audit assistance, ensure proper reporting and file documentation, act on deficient proposals, and protect proprietary information.
- Contractors: Provide timely and adequate data, grant access to records, and cooperate with audits and reviews.
- Agencies/Auditors: Conduct reviews/audits, report findings, and notify contracting officers of deficiencies or significant new information.
Practical Implications
- Ensures fair and reasonable pricing through thorough proposal analysis.
- Promotes collaboration between contracting officers and field experts.
- Protects sensitive information and maintains audit integrity.
- Non-compliance can delay awards or result in escalation to higher authorities.
(a) Field pricing assistance.
(1) The contracting officer should request field pricing assistance when the information available at the buying activity is inadequate to determine a fair and reasonable price. The contracting officer shall tailor requests to reflect the minimum essential supplementary information needed to conduct a technical or cost or pricing analysis.
(2) The contracting officer shall tailor the type of information and level of detail requested in accordance with the specialized resources available at the buying activity and the magnitude and complexity of the required analysis. Field pricing assistance is generally available to provide-
(i) Technical, audit, and special reports associated with the cost elements of a proposal, including subcontracts;
(ii) Information on related pricing practices and history;
(iii) Information to help contracting officers determine commerciality and a fair and reasonable price, including-
(A) Verifying sales history to source documents;
(B) Identifying special terms and conditions;
(C) Identifying customarily granted or offered discounts for the item;
(D) Verifying the item to an existing catalog or price list;
(E) Verifying historical data for a product or service previously not determined commercial that the offeror is now trying to qualify as a commercial product or commercial service; and
(F) Identifying general market conditions affecting determinations of commerciality and a fair and reasonable price.
(iv) Information relative to the business, technical, production, or other capabilities and practices of an offeror.
(3) When field pricing assistance is requested, contracting officers are encouraged to team with appropriate field experts throughout the acquisition process, including negotiations. Early communication with these experts will assist in determining the extent of assistance required, the specific areas for which assistance is needed, a realistic review schedule, and the information necessary to perform the review.
(4) When requesting field pricing assistance on a contractor’s request for equitable adjustment, the contracting officer shall provide the information listed in 43.204(b)(5).
(5) Field pricing information and other reports may include proprietary or source selection information (see 2.101). This information must be appropriately identified and protected accordingly.
(b) Reporting field pricing information.
(1) Depending upon the extent and complexity of the field pricing review, results, including supporting rationale, may be reported directly to the contracting officer orally, in writing, or by any other method acceptable to the contracting officer.
(i) Whenever circumstances permit, the contracting officer and field pricing experts are encouraged to use telephonic and/or electronic means to request and transmit pricing information.
(ii) When it is necessary to have written technical and audit reports, the contracting officer shall request that the audit agency concurrently forward the audit report to the requesting contracting officer and the administrative contracting officer (ACO). The completed field pricing assistance results may reference audit information, but need not reconcile the audit recommendations and technical recommendations. A copy of the information submitted to the contracting officer by field pricing personnel shall be provided to the audit agency.
(2) Audit and field pricing information, whether written or reported telephonically or electronically, shall be made a part of the official contract file (see 4.803(a)(19)).
(c) Audit assistance for prime contracts or subcontracts.
(1) The contracting officer should contact the cognizant audit office directly, particularly when an audit is the only field pricing support required. The audit office shall send the audit report, or otherwise transmit the audit recommendations, directly to the contracting officer.
(i) The auditor shall not reveal the audit conclusions or recommendations to the offeror/contractor without obtaining the concurrence of the contracting officer. However, the auditor may discuss statements of facts with the contractor.
(ii) The contracting officer should be notified immediately of any information disclosed to the auditor after submission of a report that may significantly affect the audit findings and, if necessary, a supplemental audit report shall be issued.
(2) The contracting officer shall not request a separate preaward audit of indirect costs unless the information already available from an existing audit, completed within the preceding 12 months, is considered inadequate for determining the reasonableness of the proposed indirect costs (http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4706&num=0&edition=prelim" target="_blank">41 U.S.C.4706 and https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3841&num=0&edition=prelim" target="_blank">10 U.S.C. 3841).
(3) The auditor is responsible for the scope and depth of the audit. Copies of updated information that will significantly affect the audit should be provided to the auditor by the contracting officer.
(4) General access to the offeror’s books and financial records is limited to the auditor. This limitation does not preclude the contracting officer or the ACO, or their representatives, from requesting that the offeror provide or make available any data or records necessary to analyze the offeror’s proposal.
(d) Deficient proposals. The ACO or the auditor, as appropriate, shall notify the contracting officer immediately if the data provided for review is so deficient as to preclude review or audit, or if the contractor or offeror has denied access to any records considered essential to conduct a satisfactory review or audit. Oral notifications shall be confirmed promptly in writing, including a description of deficient or denied data or records. The contracting officer immediately shall take appropriate action to obtain the required data. Should the offeror/contractor again refuse to provide adequate data, or provide access to necessary data, the contracting officer shall withhold the award or price adjustment and refer the contract action to a higher authority, providing details of the attempts made to resolve the matter and a statement of the practicability of obtaining the supplies or services from another source.