1628 PRICE NEGOTIATION MEMORANDUM

1628.1 At the conclusion of each price negotiation, the contracting officer shall promptly prepare a memorandum of the principal elements of the price negotiations.

1628.2 The 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 District in the negotiation;

(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.

SOURCE: Final Rulemaking published at 35 DCR 1463 (February 26, 1988).