Pricing of Noncompetitive Contracts Subject to the Truth-in-Negotiations Act

PSAD-77-91: Published: Apr 11, 1977. Publicly Released: Apr 11, 1977.

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GAO conducts a continuing review and evaluation of how purchasing offices carry out the purposes of the Truth-in-Negotiations Act for pricing negotiated noncompetitive contracts and the reasonableness of the contract prices. The pricing of 10 prime contracts and 18 subcontracts with a value of about $400 million was examined at the Department of Defense (DOD).

Generally, DOD procurement personnel are effectively using the system established. However, in reviewing available cost information, 28 contracts and subcontracts were found to be valued about $22 million higher than could be supported by cost or pricing data available at the time of negotiations. Overpricing was attributed to: (1) inaccurate, incomplete, or noncurrent data submitted by contractors and subcontractors; (2) prime contractors inadequately evaluating subcontractor proposals; and (3) government personnel inadequately evaluating contractor proposals. DOD purchasing offices are acting on GAO reports of overpricing. Procedural improvements have been made or promised.

Recommendation for Executive Action

  1. Status: Closed

    Comments: Please call 202/512-6100 for additional information.

    Recommendation: The Secretary of Defense should emphasize to all purchasing offices and field pricing support agencies the need for strict compliance with established procurement procedures and regulations in negotiating noncompetitive contract prices.

    Agency Affected:


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