Category:Estimating System

215.407-5 Estimating systems^[1]

215.407-5-70 Disclosure, maintenance, and review requirements

(a) Definitions

(1) “Acceptable estimating system” is defined in the clause at 252.215-7002, Cost Estimating System Requirements.

(2) “Contractor” means a business unit as defined in FAR 2.101.

(3) “Estimating system” is as defined in the clause at 252.215-7002, Cost Estimating System Requirements.

(4) “Significant estimating system deficiency” means a shortcoming in the estimating system that is likely to consistently result in proposal estimates for total cost or a major cost element(s) that do not provide an acceptable basis for negotiation of fair and reasonable prices.

(b) Applicability

(1) DoD policy is that all contractors have acceptable estimating systems that consistently produce well-supported proposals that are acceptable as a basis for negotiation of fair and reasonable prices.

(2) A large business contractor is subject to estimating system disclosure, maintenance, and review requirements if—

(i) In its preceding fiscal year, the contractor received DoD prime contracts or subcontracts totaling $50 million or more for which cost or pricing data were required; or

(ii) In its preceding fiscal year, the contractor received DoD prime contracts or subcontracts totaling $10 million or more (but less than $50 million) for which cost or pricing data were required and the contracting officer, with concurrence or at the request of the ACO, determines it to be in the best interest of the Government (e.g., significant estimating problems are believed to exist or the contractor's sales are predominantly Government).

(c) Responsibilities

(1) The contracting officer shall—

• (i) Through use of the clause at 252.215-7002, Cost Estimating System Requirements, apply the disclosure, maintenance, and review requirements to large business contractors meeting the criteria in paragraph (b)(2)(i) of this subsection;
• (ii) Consider whether to apply the disclosure, maintenance, and review requirements to large business contractors under paragraph (b)(2)(ii) of this subsection; and
• (iii) Not apply the disclosure, maintenance, and review requirements to other than large business contractors.

(2) The cognizant ACO, for contractors subject to paragraph (b)(2) of this subsection, shall—

• (i) Determine the acceptability of the disclosure and system; and
• (ii) Pursue correction of any deficiencies.

(3) The cognizant auditor, on behalf of the ACO, serves as team leader in conducting estimating system reviews.

(4) A contractor subject to estimating system disclosure, maintenance, and review requirements shall—

• (i) Maintain an acceptable system;
• (ii) Describe its system to the ACO;
• (iii) Provide timely notice of changes in the system; and
• (iv) Correct system deficiencies identified by the ACO.

(d) Characteristics of an acceptable estimating system

(1) General. An acceptable system should provide for the use of appropriate source data, utilize sound estimating techniques and good judgment, maintain a consistent approach, and adhere to established policies and procedures.

(2) Evaluation. In evaluating the acceptability of a contractor's estimating system, the ACO should consider whether the contractor's estimating system, for example—

• (i) Establishes clear responsibility for preparation, review, and approval of cost estimates;
• (ii) Provides a written description of the organization and duties of the personnel responsible for preparing, reviewing, and approving cost estimates;
• (iii) Assures that relevant personnel have sufficient training, experience, and guidance to perform estimating tasks in accordance with the contractor's established procedures;
• (iv) Identifies the sources of data and the estimating methods and rationale used in developing cost estimates;
• (v) Provides for appropriate supervision throughout the estimating process;
• (vi) Provides for consistent application of estimating techniques;
• (vii) Provides for detection and timely correction of errors;
• (viii) Protects against cost duplication and omissions;
• (ix) Provides for the use of historical experience, including historical vendor pricing information, where appropriate;
• (x) Requires use of appropriate analytical methods;
• (xi) Integrates information available from other management systems, where appropriate;
• (xii) Requires management review including verification that the company's estimating policies, procedures, and practices comply with this regulation;
• (xiii) Provides for internal review of and accountability for the acceptability of the estimating system, including the comparison of projected results to actual results and an analysis of any differences;
• (xiv) Provides procedures to update cost estimates in a timely manner throughout the negotiation process; and
• (xv) Addresses responsibility for review and analysis of the reasonableness of subcontract prices.

(3) Indicators of potentially significant estimating deficiencies. The following examples indicate conditions that may produce or lead to significant estimating deficiencies—

• (i) Failure to ensure that historical experience is available to and utilized by cost estimators, where appropriate;
• (ii) Continuing failure to analyze material costs or failure to perform subcontractor cost reviews as required;
• (iii) Consistent absence of analytical support for significant proposed cost amounts;
• (iv) Excessive reliance on individual personal judgment where historical experience or commonly utilized standards are available;
• (v) Recurring significant defective pricing findings within the same cost element(s);
• (vi) Failure to integrate relevant parts of other management systems (e.g., production control or cost accounting) with the estimating system so that the ability to generate reliable cost estimates is impaired; and
• (vii) Failure to provide established policies, procedures, and practices to persons responsible for preparing and supporting estimates.

(e) Review procedures

Follow the procedures at PGI 215.407-5-70(e) for establishing and conducting estimating system reviews.

(f) Disposition of survey team findings

Follow the procedures at PGI 215.407-5-70(f) for disposition of the survey team findings.

(g) Impact of estimating system deficiencies on specific proposals

(1) Field pricing teams will discuss identified estimating system deficiencies and their impact in all reports on contractor proposals until the deficiencies are resolved.

(2) The contracting officer responsible for negotiation of a proposal generated by an estimating system with an identified deficiency shall evaluate whether the deficiency impacts the negotiations. If it does not, the contracting officer should proceed with negotiations. If it does, the contracting officer should consider other alternatives, e.g.—

• (i) Allowing the contractor additional time to correct the estimating system deficiency and submit a corrected proposal;
• (ii) Considering another type of contract, e.g., FPIF instead of FFP;
• (iii) Using additional cost analysis techniques to determine the reasonableness of the cost elements affected by the system's deficiency;
• (iv) Segregating the questionable areas as a cost reimbursable line item;
• (v) Reducing the negotiation objective for profit or fee; or
• (vi) Including a contract (reopener) clause that provides for adjustment of the contract amount after award.

(3) The contracting officer who incorporates a reopener clause into the contract is responsible for negotiating price adjustments required by the clause. Any reopener clause necessitated by an estimating deficiency should—

• (i) Clearly identify the amounts and items that are in question at the time of negotiation;
• (ii) Indicate a specific time or subsequent event by which the contractor will submit a supplemental proposal, including cost or pricing data, identifying the cost impact adjustment necessitated by the deficient estimating system;
• (iii) Provide for the contracting officer to unilaterally adjust the contract price if the contractor fails to submit the supplemental proposal; and
• (iv) Provide that failure of the Government and the contractor to agree to the price adjustment shall be a dispute under the Disputes clause.

References