SlideShare a Scribd company logo
JUNE 19 – 21, Bethesda, MD
Team Approach to Pricing Risk
Robert E. Jones,
CPA, CPCM, NCMA Fellow
Left Brain Professionals Inc.
Positive Share
"A person who never
made a mistake never
tried anything new."
~ Albert Einstein
Safety Check
Build relationships with the
members of your contract
management and proposal team.
Types of Risk
 Schedule
 Technical
 Financial
 Environmental
 Unknown
 Others
When to Identify Risk
 Responding to RFI
 Responding to RFP
 During Contract Performance
Who Identifies Risk
 Project/Program Manager
 Engineer
 Production Manager
 Controller
 Contracts Manager
 Empowered Official
 Facility Security Officer
How Risk is Identified
 Reading SOW/Spec
 Reviewing T&C
 Evaluating Production Schedule
 Calculating Costs and Prices
Mitigating Risk
 Add Buffer to Schedule
 Ask for Technical Deviation
 Employ Cost Control Measures
 Buy Insurance
 Hire Expertise
 Team or Subcontract
 Match Risk to Contract Type
Contract Type
 Align acquisition with appropriate contract type
Risk and Contract Type
 Spectrum of Risk Sharing
 Cost-type – More Risk on Buyer
 When requirements not as clear
 New technology challenges
 T&M
 Solution known, duration unknown
 Fixed Price – More Risk on Seller
 Requirements clear
 Existing product or solution
Pricing Risk
How do you price
the unknown?
Pricing Risk
 Cost of overtime to meet schedule
 Assume no technical deviation
 Assume limited cost control
 Cost of insurance
 Cost of subcontracting
 Cannot assume 100% worst case scenario
Escalation
 Use a reasonable factor for out years
 Factors for labor, benefits, & materials
 Factors by industry and region
Escalation
 IHS Global Insight
 Used by Government and large primes
 Includes forecasts
 Lots of data slices
 Fee to access
 BLS
 Historical data only
 Limited data slices
 Free
Escalation
 Flat rate not acceptable
 Staggered rate reflects reality
 Can justify some increase farther out
Risk Factor
 Can you apply a flat % as “Risk Factor?”
 “Risk” is not a cost element!
Fee
 Cost Plus Fixed Fee
 Cost Plus Award Fee
 Cost Plus Incentive Fee
 Fixed Price
 Fixed Price Incentive Fee
Fixed Fee
 Fixed!
 No additional fee when additional costs
approved
Award Fee
 Overall cost, schedule, and technical
performance must be satisfactory
 You can’t deliver early but fail on cost and
technical
Incentive
 Calculation applied to the target goal, not the
minimum requirements
 You don’t earn an incentive for delivering on-
time, you earn an incentive for delivering early
FAR Profit/Fee
(2) It is in the Government’s interest to offer
contractors opportunities for financial rewards
sufficient to stimulate efficient contract
performance, attract the best capabilities of
qualified large and small business concerns to
Government contracts, and maintain a viable
industrial base.
FAR 15.404-4(a)(2)
FAR Profit/Fee
(3) Both the Government and contractors should be concerned
with profit as a motivator of efficient and effective contract
performance. Negotiations aimed merely at reducing prices by
reducing profit, without proper recognition of the function of
profit, are not in the Government’s interest. Negotiation of
extremely low profits, use of historical averages, or automatic
application of predetermined percentages to total estimated
costs do not provide proper motivation for optimum contract
performance.
FAR 15.404-4(a)(2)
FAR Fee Limitations
 (4)(i) The contracting officer shall not negotiate a
price or fee that exceeds the following statutory
limitations, imposed by 10 U.S.C. 2306(d) and 41
U.S.C. 3905:
 (A) For experimental, developmental, or research
work performed under a cost-plus-fixed-fee
contract, the fee shall not exceed 15 percent of
the contract’s estimated cost, excluding fee.
FAR Fee Limitations
 (B) For architect-engineer services for public works or
utilities, the contract price or the estimated cost and
fee for production and delivery of designs, plans,
drawings, and specifications shall not exceed 6
percent of the estimated cost of construction of the
public work or utility, excluding fees.
 (C) For other cost-plus-fixed-fee contracts, the fee
shall not exceed 10 percent of the contract’s
estimated cost, excluding fee.
FAR 15.404-4(c)(4)(i)
Factors Affecting Profit
 Unallowable costs
 Unbillable costs
 Cost overruns
 Organizational costs such as taxes
 C-corp vs S-corp or other pass-through entity
Uses of Profit
 Reward owners and investors
 Grow business through R&D and investment
 Attract and retain talent through profit sharing
 Attract investors and owners
Weighted Guidelines
 Performance risk
 Contract type risk
 Facilities capital employed
 Cost efficiency
 Basis for negotiations
Negotiations
 It’s always open to negotiation
 Have solid evidence to support your claim
Contact
Robert E. Jones
robert@leftbrainpro.com
(614) 556-4415

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Team Approach to Pricing Risk in Government Contracts

  • 1. JUNE 19 – 21, Bethesda, MD
  • 2. Team Approach to Pricing Risk Robert E. Jones, CPA, CPCM, NCMA Fellow Left Brain Professionals Inc.
  • 3. Positive Share "A person who never made a mistake never tried anything new." ~ Albert Einstein
  • 4. Safety Check Build relationships with the members of your contract management and proposal team.
  • 5. Types of Risk  Schedule  Technical  Financial  Environmental  Unknown  Others
  • 6. When to Identify Risk  Responding to RFI  Responding to RFP  During Contract Performance
  • 7. Who Identifies Risk  Project/Program Manager  Engineer  Production Manager  Controller  Contracts Manager  Empowered Official  Facility Security Officer
  • 8. How Risk is Identified  Reading SOW/Spec  Reviewing T&C  Evaluating Production Schedule  Calculating Costs and Prices
  • 9. Mitigating Risk  Add Buffer to Schedule  Ask for Technical Deviation  Employ Cost Control Measures  Buy Insurance  Hire Expertise  Team or Subcontract  Match Risk to Contract Type
  • 10. Contract Type  Align acquisition with appropriate contract type
  • 11. Risk and Contract Type  Spectrum of Risk Sharing  Cost-type – More Risk on Buyer  When requirements not as clear  New technology challenges  T&M  Solution known, duration unknown  Fixed Price – More Risk on Seller  Requirements clear  Existing product or solution
  • 12. Pricing Risk How do you price the unknown?
  • 13. Pricing Risk  Cost of overtime to meet schedule  Assume no technical deviation  Assume limited cost control  Cost of insurance  Cost of subcontracting  Cannot assume 100% worst case scenario
  • 14. Escalation  Use a reasonable factor for out years  Factors for labor, benefits, & materials  Factors by industry and region
  • 15. Escalation  IHS Global Insight  Used by Government and large primes  Includes forecasts  Lots of data slices  Fee to access  BLS  Historical data only  Limited data slices  Free
  • 16. Escalation  Flat rate not acceptable  Staggered rate reflects reality  Can justify some increase farther out
  • 17. Risk Factor  Can you apply a flat % as “Risk Factor?”  “Risk” is not a cost element!
  • 18. Fee  Cost Plus Fixed Fee  Cost Plus Award Fee  Cost Plus Incentive Fee  Fixed Price  Fixed Price Incentive Fee
  • 19. Fixed Fee  Fixed!  No additional fee when additional costs approved
  • 20. Award Fee  Overall cost, schedule, and technical performance must be satisfactory  You can’t deliver early but fail on cost and technical
  • 21. Incentive  Calculation applied to the target goal, not the minimum requirements  You don’t earn an incentive for delivering on- time, you earn an incentive for delivering early
  • 22. FAR Profit/Fee (2) It is in the Government’s interest to offer contractors opportunities for financial rewards sufficient to stimulate efficient contract performance, attract the best capabilities of qualified large and small business concerns to Government contracts, and maintain a viable industrial base. FAR 15.404-4(a)(2)
  • 23. FAR Profit/Fee (3) Both the Government and contractors should be concerned with profit as a motivator of efficient and effective contract performance. Negotiations aimed merely at reducing prices by reducing profit, without proper recognition of the function of profit, are not in the Government’s interest. Negotiation of extremely low profits, use of historical averages, or automatic application of predetermined percentages to total estimated costs do not provide proper motivation for optimum contract performance. FAR 15.404-4(a)(2)
  • 24. FAR Fee Limitations  (4)(i) The contracting officer shall not negotiate a price or fee that exceeds the following statutory limitations, imposed by 10 U.S.C. 2306(d) and 41 U.S.C. 3905:  (A) For experimental, developmental, or research work performed under a cost-plus-fixed-fee contract, the fee shall not exceed 15 percent of the contract’s estimated cost, excluding fee.
  • 25. FAR Fee Limitations  (B) For architect-engineer services for public works or utilities, the contract price or the estimated cost and fee for production and delivery of designs, plans, drawings, and specifications shall not exceed 6 percent of the estimated cost of construction of the public work or utility, excluding fees.  (C) For other cost-plus-fixed-fee contracts, the fee shall not exceed 10 percent of the contract’s estimated cost, excluding fee. FAR 15.404-4(c)(4)(i)
  • 26. Factors Affecting Profit  Unallowable costs  Unbillable costs  Cost overruns  Organizational costs such as taxes  C-corp vs S-corp or other pass-through entity
  • 27. Uses of Profit  Reward owners and investors  Grow business through R&D and investment  Attract and retain talent through profit sharing  Attract investors and owners
  • 28. Weighted Guidelines  Performance risk  Contract type risk  Facilities capital employed  Cost efficiency  Basis for negotiations
  • 29. Negotiations  It’s always open to negotiation  Have solid evidence to support your claim