1 With respect to the Federal Supply Schedules, discuss your perspective for consideration of "fair and reasonable" pricing prior to any negotiations actually taking place? If so, should contracting officers even negotiate these prices? Why or why not?

Answer: The US General Supply Schedule, relate to long-term government wide contract with commercial companies for providing access to millions of products and/or services at â€œfair and reasonable pricesâ€ to the government. The Federal Acquisition Regulations (FAR) have a set of policies defining the scope and extent of Contracting by Negotiation.
Before actual negotiations even start, the officers are set to determine how and whether the supply prices whether fixed or offered at hourly rates for services are fair and reasonable by not only looking at the offered prices but comparing the prices such companies might be offering to other commercial customers who are commonly referred to as â€œmost favored customersâ€.
If these prices offerings differ between the offer to the Federal supplies and most favored customers, the officers should get into negotiations with contractors to ensure reasonableness.

Officers should negotiate before award of contract for the following reasons:

Since the Federal supply schedules endure over a long term of ordering activity, the officers need not get into separate determination each time ordering activities are done. However, before awarding of contracts, the contracting officer shall take into account several factors such as competitor contracts pricing, historical prices, prices from other sources, benchmarks set in corporates etc. The offeror shall submit for the pricing review proofs such as complete pricing proposal templates, justification for prices offered in writing, any future potential pricing adjustments required and mechanisms for such, and proof that prices are fair and reasonable upon which the FSS officer shall negotiate for final determination (GSA.Gov, 2021)

2. Should DoD Contracting Officers meet with industry officials before and during the negotiation process in a one-on-one environment? Are the tenets of Principled Negotiations detailed in the Ury and Fischer literature applicable for DoD negotiations? Why or why not, and under what circumstances

Answer: It is a myth that DoD contracting officers cannot meet with industry officials before or during the negotiation process in a one-on-one environment. In fact, part of a principled negotiation tenet is to protect as well as modernize the key capabilities and establish a competitive environment. FAR part 3, FAR part 5 and FAR part 10 cover the portions relating to such meetings being held (DAU.EDU, 2018)

However the key part lies in not giving information about acquisitions to only one vendor while other vendors are still unaware of it.

The tenets of principled negotiations as detailed in the Ury and Fischer literature are very well applicable to the DoD negotiations too. The tenets relate to addressing the problem through well documented methods. They detail on

- separate the people from the problem
- Focus on interests rather than positions
- Seek to find options for mutual gain
- and insisting on objectivity criteria

While the literature are for general negotiation strategy, the DoD contracts are no different when it becomes incumbent upon the contracting officer to act in the best interests of the nation.

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