Section 30-2327. PRICE NEGOTIATION MEMORANDUM

 

2327.1At the conclusion of each price negotiation, the contracting officer shall promptly prepare a memorandum of the principal elements of the price negotiations.

 

2327.2The price negotiation memorandum shall be included in the contract file and shall contain at least the following information:

 

(a) The purpose of the negotiation;

 

(b) A description of the procurement, including appropriate identifying numbers;

 

(c) The name, position, and organization of each person representing the contractor and the Agency in the negotiations;

 

(d) If certified cost or pricing data were required, the extent to which the contracting officer did the following:

 

(1) Relied on the cost or pricing data submitted and used them in negotiating the price; and

 

(2) Recognized as inaccurate, incomplete, or noncurrent any cost or pricing data submitted; the action taken by the contracting officer and the contractor as a result; and the effect of the defective data on the price negotiated.

 

(e) The most significant facts or considerations controlling the establishment of the pre-negotiation price objective and the negotiated price including an explanation of any significant differences between the two (2) positions; and

 

(f) The basis for determining the pre-negotiation profit or fee objective, and the profit or fee negotiated.

 

2327.3When price negotiation is based on cost analysis, the contracting officer shall analyze profit or fee.

 

2327.4The contracting officer shall use the Agency's pre-negotiation cost objective amounts as the basis for calculating the profit or fee amount used as a pre- negotiation objective.

 

source

Final Rulemaking published at 36 DCR 6681, 6758 (September 22, 1989).