(Editor’s Note.  The following further clarifies when defective pricing exists.)

In its post award review of a contract to provide aircraft repair kits, DCAA asserted the contractor failed to disclose lower vendor quotations it had in its possession prior to price agreement that resulted in a price overstatement of $134,000 plus interest.  The contractor responded that though it possessed the lower quote it would have been imprudent to submit it because it did not have time to verify the quote before price agreement.  The Appeals Board disagreed stating (1) the contractor did have the cost and pricing data on hand but simply failed to submit it and (2) the Truth in Negotiation Act requires the contractor to disclose all cost or pricing data “which may or may not be part of the total cost of a contract.” (GKS Inc. ASBCA No. 47692.)

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