NCMA Training: Price Analysis for Non-Price Analysts Erin E. Mansur March 2011

Agenda Why We Analyze Proposals Cost or Pricing Data Proposal Analysis Techniques Proposal Analysis Steps Final Thoughts It should be noted that this briefing will focus on FAR 15 acquisitions.

Why We Analyze Proposals Per FAR 15.402: Contracting Officers Shall -- (A) Purchase Supplies and Services From Responsible Sources at Fair and Reasonable Prices. This Is the Basis for All Other Pricing Related Regulations and Policies.

Why We Analyze Proposals Cont. Objective of Proposal Analysis is to ensure that the final agreed-to price is fair and reasonable Contracting Officer is responsible for evaluating the reasonableness of offered prices: Contracting Officer may request the assistance of other experts to assist with the evaluation

General Considerations Various techniques may be used singularly or in combination to analyze cost or pricing data Complexity and circumstances of each acquisition determine the level of detail of the analysis required

Cost or Pricing Data All facts that, as of the date of price agreement, or, if applicable, an earlier date agreed upon between the parties that is as close as practicable to the date of agreement on price, prudent buyers and sellers would reasonably expect to affect price negotiations significantly. Factual Verifiable

Cost or Pricing Data Cont Truth in Negotiation Act (TINA) says MUST obtain cost or pricing data (certified) over $700,000 UNLESS Price Based on Adequate Price Competition Price analysis, usually comparison of offers Law or Regulation (mainly utilities) Commercial Item Price analysis Modification of a commercial item Waived by Head Of Contracting Activity Use cost analysis for procurements over $700,000 where an exception/waiver does not apply

Proposal Analysis Techniques Cost Analysis Price Analysis Cost Realism Analysis Technical Analysis Unit Prices Unbalanced Pricing

Proposal Analysis Steps 1. Examine Proposal for Compliance with FAR Table 15-2 and the RFP 2. Review Contractor’s “Groundrules and Assumptions” and/or “Terms and Conditions” 3. Request Field Pricing Support (DCAA Audit / DCMA Pricing & Tech Supt) 4. Request Technical Evaluation from Program Office 5. Build Pricing Model 6. Begin Preparing a Preliminary Price Negotiation Memorandum (PPNM) 7. Start Performing Price/Cost Analysis IAW Policy Memo 10-C-14 signed by SAF/AQC, Roger Scott Correll, on 13 October 2010. The Air Force has a Proposal Adequacy Checklist that should be included with all RFPs for actions exceeding $700K

Proposal Analysis Steps Cont. 8. Review Technical Evaluation for adequacy 9. Review results from DCAA/DCMA 10. Incorporate Tech & DCAA/DCMA Results into Pricing Model 11. Perform Weighted Guidelines Analysis (unless CPAF) 12. Final Price Analysis 13. Prepare Business Clearance Pricing Charts 14. Complete PPNM 15. Prepare Govt Offer Position for Negotiations

Step 1 Examine Proposal Data Does proposal contain Cost or Pricing Data in a format consistent with FAR Table 15-2 (FAR 15.408)? Does proposal comply with specific RFP instructions? If answer to either question is No, call contractor ASAP.

FAR Table 15-2 (Found under FAR 15.408(m)) FAR Table 15-2 requires: A Proposal Index of all Cost or Pricing Data Cost Element Breakdowns for each CLIN consistent with contractor’s Cost Accounting System Total Summaries by Cost Element Identification of Incurred Costs (Actuals) Submission of FPRA if negotiated Proposed use of Govt Furnished Property If subject to Cost Accounting Standards (CAS), a statement on adequacy of Disclosure Statement Identification of any CAS non-compliances

FAR Table 15-2 Cont. Even though Cost or Pricing Data is factual not judgmental, per Table 15-2 I C, contractor must submit any information reasonably required to explain estimating process, including -- The judgmental factors applied and the mathematical or other methods used in the estimate The nature and amount of any contingencies included in the proposed price.

FAR Table 15-2 Cost Elements Material - Contractor must provide: Consolidated priced summary of individual material quantities (Bill of Material) identifying the item, source, quantity, and price. Cost/Price analysis of Subcontracts over $700K if no exception applies. Subcontractor cost or pricing data must be provided to the Gov’t if: >$12.5M; or 10%+ of prime contractor’s price

FAR Table 15-2 Cost Elements, Cont. Labor - Contractor must provide: a time-phased (e.g., monthly, quarterly, etc.) breakdown of labor hours, rates, and cost by appropriate category, and furnish bases for estimates Note: This where the contractor tells us “how and why” they bid the hours they did. It almost always includes judgmental factors

FAR Table 15-2 Cost Elements, Cont. Indirect Costs - Contractor must provide: How they computed and applied indirect costs, including cost breakdowns. Show trends and budgetary data to provide a basis for evaluating the reasonableness of proposed rates. Indicate the rates used and provide an appropriate explanation. Note: In proposals with major contractors, indirect cost data is often limited to a description and listing of the rates. The details behind the rates are contained in the contractor’s forward pricing rate proposal submitted to DCAA & DCMA. We rely on DCAA & DCMA to analyze that data.

Step 2 Review Groundrules & Assumptions/Ts & Cs Ensure that proposal are not based on assumptions that are not true or terms that are not acceptable e.g. Availability of Govt Furnished Property (GFP) Access to Govt Facilities Special Provisions that are unfavorable to Govt or unfairly limit Govt Rights (e.g. Data Rights) Identify issues early, contact contractor ASAP. Issues that affect the contract price have to be addressed soon – may require revised proposal

Step 3 Request Field Pricing Support DFARs PGI 215.404-2(a), Field Pricing Assistance, contains the following guidance: (i)  The contracting officer should consider requesting field pricing assistance for— (A)  Fixed-price proposals exceeding $700K; (B) Cost-type proposals exceeding $700k from offerors with significant estimating system deficiencies. (C)  Cost-type proposals exceeding $10 million from offerors without significant estimating system deficiencies.

Step 3 Request Field Pricing Support Cont. DFARs PGI 215.404-2(c), Audit Assistance for prime contracts or subcontracts contains the following guidance: (i)  The contracting officer should consider requesting audit assistance from DCAA for— (A)  Fixed-price proposals exceeding $10M; (B) Cost-type proposals exceeding $100M This is a recent change that occurred in Sep 2010

Step 4 Request Technical Evaluation Buyer/PCO will request tech eval Tell them what needs to be evaluated Material (Types & Quantities) Labor Hours ODCs Person doing pricing should communicate to Tech Eval team on how they need the Tech Eval summarized. e.g. Hours by Labor Category, by CLIN, by Year

Step 5 Build a Pricing Model Build a spreadsheet model to price the action Includes all cost elements & Profit Original Model will validate accuracy of contractor’s proposed price If model doesn’t produce same result as proposal (except minor rounding errors), either your model is wrong or proposal is wrong (Hint: it is usually your model that is wrong) If Contractor’s proposal is wrong, contact contractor

Sample Pricing Model

Step 6 Begin Preparing Preliminary PNM A Preliminary PNM is not duplication of effort. It is essentially 2/3 of the final PNM It can help avoid mistakes that may not be easily corrected after negotiations Knowing what you need to address in the PPNM and the PNM will force you to address those things during proposal analysis & negotiation At this point you can already prepare 1/3 of the PNM – Introductory info, Proposed amounts and Basis of Proposal sections of the Cost Element Summary portion of the PNM Note for contractors: the Pre-PNM is the document that the Gov’t prepares to show our objective negotiation position. The Final PNM shows the negotiated position.

Step 7 Price/Cost Analysis If we or someone else bought the same or similar item before: What was the price? How long ago? what quantity? delivery schedule? Same Ts & Cs, financing methods? Did we ask for actual cost data from prior buy? (if not, do it now!) This is “cost analysis” not price analysis, but make sure Technical Team is given access to this data for the Technical Evaluation

Price vs. Cost Analysis Price Analysis is… Cost Analysis is… Look at total price Reasonableness is based on a comparison of proposed prices to same or similar items Profit is imbedded in price Cost Analysis is… Look at detailed cost element breakout Reasonableness is based on a thorough analysis of each cost element Profit is evaluated

Cost Analysis Per Far 15.404-1 (a)(3) Cost analysis shall be used to evaluate the reasonableness of individual cost elements when certified cost or pricing data are required. Price analysis should be used to verify that the overall price offered is fair and reasonable

Other cost elements can be added when applicable Cost Analysis Analysis of each major cost element Labor Hours Labor Dollars Indirect Costs (Fringes, Labor Overhead) Materials Subcontracts Intra-Company Transfers Other Direct Costs Cost of Money General and Administrative Profit/Fee Other cost elements can be added when applicable

Price Analysis FAR 15.404-1(b)(2) includes the following examples of methods of price analysis: Compare Proposed Prices Previous Prices Parametric Catalog or published prices Government estimates Market prices Pricing information provided by offeror First two are in BOLD because they are preferred.

Price Analysis The first two techniques are the preferred techniques (15.404-1(b)(3)) If CO determines that information on competitive proposed prices or previous contract prices is insufficient to determine that the price is fair and reasonable, then the CO may use any of the remaining techniques But don’t ignore any pertinent information! Government estimate Market research Historical prices Explain what you concluded on any price information Check all available information/avenues Document in appropriate detail. Remember that someone else will need to know WHO, WHAT, WHERE , WHEN and HOW. Especially: How you arrived at your conclusion. If you really don’t know why a number is different, say so but don’t just ignore it. For examples if an old historical price is less than current prices and you can’t find any information on how it was developed say that.

Price Analysis FAR 15.404-1(b)(2) includes the following examples of methods of price analysis: Compare Proposed Prices

Comparison of Proposed Prices Comparison of proposed prices received in response to a solicitation (competitive) Considered reasonable unless PCO has information to believe it is not Especially if competition meets standard for Adequate Price Competition (APC) in FAR 1st technique is Comparison of Proposed Prices Be careful of cost type contracts; usually requires cost realism analysis which should lead to cost reasonableness Noted that the proposed prices may not meet the standard for adequate price competition but can still be compared. If the prices do meet the standard for adequate price competition, can generally assume they are reasonable.

Adequate Price Competition APC FAR reference 15.403-1(c)(1) Comparison to other proposed prices received is normally used as part of APC determination What conditions need to exist for APC? Expected at least 2 offers Compete independently Can satisfy government requirements Best value award Price offered is not unreasonable Price is a substantial factor in source selection

Price Analysis Compared Proposed Prices Previous Prices FAR 15.404-1(b)(2) includes the following examples of methods of price analysis: Compared Proposed Prices Previous Prices

Compare to Previous Prices Price Analysis includes: Validating basis of prior determination of fair and reasonable Competitive, sole source, commercial? Prior award date Quantity Price Contract Type Price Analysis includes: Validate basis of prior determination of fair and reasonable Competition prior award date quantity Price Document and address adjustments to the current buy

Compare to Previous Prices Be Aware of: New item vs. overhaul with same National Stock Number Urgent vs. normal delivery schedule Technology change Configuration change Terms and conditions Manufacturing process changes Market conditions Etc. NSNs don’t distinguish between a new item and an overhaul or surplus Jo41 shows surplus but not necessarily overhaul/new item. Some examples of titles for various Price Evaluation Codes are: adequate price competition price comparisons based upon previous adequate price price comparison based upon contract price history other price comparison technique cost analysis using certified cost or pricing data price based upon formula pricing agreement price comparison on an independent government estimate surplus value analysis award based on other than price

Compare to Previous Prices Document details of analysis For example: Escalation used Time, rate, etc. Basis and currency of previous price Competition, cost analysis, etc. Similarity of items Any difference affecting price Explain differences or adjustments Quantify price differences

Step 8 Review Tech Eval for Adequacy Does Technical Evaluation: Address types and quantity of labor? Provide sufficient rationale for all labor hour positions (Objective & Going-In)? If proposed numbers were accepted – why? If reductions are recommended – why? Are recommendations summarized correctly to allow Govt Pricing Positions to be developed? Have all hours been evaluated? Doubts about tech eval? - play “devil’s advocate” with technical team on key issues

Step 9 Review DCMA/DCAA Reports Were all costs reviewed? What did we request? Are the results of the audit “qualified” for any reason? Are there “unresolved” or “unsupported” costs? If so why? You may need to contact contractor to insist they provide support to DCMA/DCAA Be aware of the “Report Release Restrictions” Do You understand Results? A Qualified is expressed when: 1) there is a lack of sufficient competent evidential matter or there are restrictions in the scope of the examination that have led the auditor to conclude that he or she cannot express an unqualified opinion and the auditor has concluded not to disclaim an opinion, and/or 2) the auditor believes, on the basis of the audit, that the subject matter under audit contains a departure from the established criteria, the effect of which is material, and the auditor has concluded not to express an adverse opinion. Unsupported: When the contractor does not furnish sufficient documentation to enable a definitive conclusion, may significantly impact the contracting officer’s development of a negotiation position. A subcontractor/IWA is considered unsupported regardless of whether or not an assist audit has been requested if the contractor has not completed its price/cost analysis. Unresolved: Failure to receive requested DCAA assist audit reports. Also, when there are significant incomplete subcontract/IWA pricing actions applicable to repricing proposals for incentive and fixed price redeterminable contracts. Report Release Restrictions : For example, an assist audit cannot be released to a prime contractor unless the subcontractor gives permission. Utilize ESC Liaisons DCAA: Zelma Calderon DCMA: Izzie Mooney

Step 10 Incorporate Tech Eval, DCMA/DCAA Results into Pricing Model Double check your entries Make sure you are not duplicating exceptions taken by Tech Eval & Audit e.g. Tech Eval deletes Part # NGX105 valued at $100,500 DCAA questions costs of $27,000 for Part # NGX105 If Tech Eval position is adopted you delete $100,500 from Material (Don’t delete another $27,000) Does the total cost look right? e.g. how did a 12% reduction in hours result in a 20% reduction in total cost? (probably not right)

Step 11 Perform Weighted Guidelines Analysis DFARS 215.404-4 mandates the use of the Weighted Guidelines tool to develop a profit or fee objective Except for: Cost Plus Award Fee Contracts Contracts with Federally Funded Research and Development Centers (FFRDCs)

Step 11 Perform Weighted Guidelines Analysis Key Elements Contractor Risk Factors Contract Type Risk Working Capital Contractor Facilities Capital Employed Cost Efficiency Factor

Weighted Guidelines

Step 12 Complete Price Analysis This is the final cross check of the cost analysis. Does our Objective Price make sense when compared to the same or similar efforts all thing considered… Quantities Schedule Escalation Ts & Cs

Step 13 Prepare Business Clearance Charts Using Data from your Pricing Model, prepare Business Clearance charts. Template for charts can be found on the PK Homepage – Local Process Guidance - Documents Library - Clearance

Step 14 Complete Preliminary PNM Everything but “Results of Negotiations” should be complete.

Must be a complete summary of the negotiation process What is a PNM? *** Price Negotiation Memorandum *** “ A PNM is a document that summarizes the process of negotiating a contract’s price; the outcome of that process; and, serves as a record of the decisions made in determining a price to be fair and reasonable.” Nash and Cibinic Must be a complete summary of the negotiation process

Need for Documentation Why Document your pricing? FAR 12.209 …the contracting officer must establish price reasonableness in accordance with 13.106-3, 14.408-2, or Subpart 15.4, as applicable… FAR 13.106-3(a)(2) If only one response is received, include a statement of price reasonableness in the contract file FAR 15.406-3 CO…shall document in the contract file the principle elements of the negotiated agreement What is the Documentation used for? Providing information for future buyers/CO’s Defending the Air Force in claims or protests Supporting Defective Pricing efforts Providing information for DoD IG, GAO, etc.

Step 15 Prepare Govt Offer Position Prepare Government Offer Position Both cost and profit/fee You need to be able to tell the contractor why your offer is less than the proposal (details) Understand the key technical & audit issues and be able to talk to them in “layman’s” terms We say prepare Gov’t offer, but for contractor’s this can be your offer to your subs.

Final Thoughts Proposal Analysis is a Team Effort Everybody’s part is important Use Available Resources When we have done a good cost analysis - Negotiations can be fun, challenging and very rewarding.

Questions?