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Section 5415.406-3: Documenting the negotiation.

(a) While excessive detail should be avoided, the PNM, standing alone, must convince all reviewers that the price negotiated (or awarded without negotiations) was reasonable, given the circumstances of the particular acquisition. Although the content will vary depending on the magnitude of the contract, contract type, cost or pricing data obtained, the extent of negotiations, etc., a standard format should be used. The PNM should have the following subdivisions: "Subject," "Introductory Summary," "Particulars," "Procurement Situation," "Negotiation Summary," and "Miscellaneous." For acquisitions involving cost or pricing data, the Negotiation Summary shall include a schedule reflecting each element of cost and profit in the contractor's proposal, the approved negotiation objectives, any revised proposal or negotiation objective, and the final negotiated amount. A copy of the PBM, along with any changes thereto, shall accompany and be listed as an attachment to the PNM.

(11) The price reasonableness determination statement shall be documented in the contract file and in appropriate automated price history records, and shall:

      1. include the price reasonableness coding (PRC)(see PGI 15.406-3(a)(7)), and

          2. include an “Adequacy of Price Competition” finding (See 15.402-92) with the price reasonableness determination statement for acquisitions of sole-source items subject to limited competition that meet the TINA adequate price competition exemption requirements.

    It is essential to accurately record the price reasonableness codes to facilitate reliable price comparison analysis of future proposed prices for the same or similar items. The contracting officer cannot consider a price comparison from a prior contract price to current proposed prices to be valid if the prior price was determined unreasonable or the determination was not properly documented. (see FAR 15.404-1(b)(2)(ii)).




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