Q.  Several agencies are requesting Firm Fixed Price Quotes but they are insisting upon us sharing the breakout of our rates.  Is there anything we can use to combat delivering our rate information to the contracting officer - we have no issue with delivering this info to DCAA but we think it is not appropriate for the contracting officer to ask for this information in a firm fixed price environment. Can we resist?

A. Of course if the proposed price for the contracts in question are cost based and covered by the Truth in Negotiations Act then you need to provide cost data that is certified. Even if not, recent changes we have been reporting on give contracting officers greater latitude in determining whether prices they pay are reasonable including requesting cost or pricing information (cost data that is not certified).  If you can demonstrate the supplies or services you are providing can qualify as commercial items or that the award is based on competition or the prices you are offering are based on market rates you provide to others you can ask why cost or pricing data is needed to determine price reasonableness.  Though they may still ask for cost data a reminder that the items are exempt from cost analysis could give them ample justification for claiming the prices are reasonable and can avoid audits.  Same applies if you have GSA scheduled prices.

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