Truth in Negotiations Act Contracts

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    AmandaC - Treasury

    Hi Dwaipayan - Thank you for your question.

    When you download contract data, the columns cost_or_pricing_data_code and cost_or_pricing_data are designators that indicate if cost or pricing was obtained, not obtained or waived.

    Please let us know if you have any other questions or concerns.

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    Dwaipayan Roy

    Can someone please help me with this query? Thank you.

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    Dwaipayan Roy

    Thank you, Amanda! You are a great help. 

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    Dwaipayan Roy

    I have a follow up question. In the 'cost_or_pricing_data' column, 'yes' means pricing data was obtained. 'no' means pricing data was not obtained. And if the entry is blank, does it mean waived? Also, what's the difference between the options, 'not obtained' and 'waived'? Any clarification on this will be helpful. Thank you.

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    AmandaC - Treasury

    Hi Dwaipayan - Thank you for your additional questions.

    You may want to download the FPDS-NG data dictionary from https://www.fpds.gov/downloads/Version_1.5_specs/FPDS_DataDictionary_V1.5.pdf

    Not only does this have the all the contract data elements but also references to the applicable regulations. 

    In this case, FPDS-NG element 6J, Cost or Pricing Data, is supported by DFARS 253.204-70(c)(4)(xi), FAR 15.403.

    A Google search for DFARS 253.204-70(c)(4)(xi) leads to https://www.govinfo.gov/content/pkg/CFR-1996-title48-vol4/pdf/CFR-1996-title48-vol4-secPHS304-7101.pdf  where the text says:

    (xi) BLOCK C11, CERTIFIED COSTOR PRICING DATA. Enter one of the following codes when Block B1B is coded A. Otherwise, leave blank.(A) Code Y—Yes—Obtained. Enter code Y when certified cost or pricing data were obtained for the contracting action reported (see FAR 15.804–2).(B) Code N—No—Not Obtained. Enter code N when certified cost or pricing data were not obtained because data were not required (see FAR 15.804–2) or an exemption was granted (see FAR15.804–3(a)-(g)).(C) Code W—Not Obtained—Waived. Enter code W when certified cost or pricing data were not obtained because the requirement was waived (see FAR15.804–3( i ) and DFARS 215.804–3( i ))

    Please let us know if you have any other questions or concerns.

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    Dwaipayan Roy

    Hi Amanda - Thanks for sharing all these useful links. However, after going over these documents, what puzzles me is why are there so many blanks (or missing values) under the column 'cost_or_pricing_data' column in the files. Am I missing something here? Any clarification on this will be extremely helpful. Thank you! 

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    AmandaC - Treasury

    Hi Dwaipayan - Thank you for your question.

    We report the data provided by the agencies but do not have insight into why they report the data as they do.

    In general, we would not expect agencies to report 'cost_or_pricing_data' on a row that is a modification to an existing contract.

    We suggest you review the regulations to see what exceptions may be documented.

    You can also ask the awarding agencies for information through a FOIA request at https://www.foia.gov/how-to.html or an agency specific FOIA website.

    Please let us know if you have any other questions or concerns.

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    Dwaipayan Roy

    Thank you, Amanda for the quick response. Our discussion has been helpful. 

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