OSD Issues Policy Guidance Rejecting “Sweeps” Data

By memorandum dated June 7, 2018, Shay Assad, DoD’s Director, Defense Pricing/Defense Procurement and Acquisition Policy, has reversed decades of procurement practice that has been embraced by industry and the government alike in attempting to manage the often unmanageable process of providing the government with cost or pricing data that is current, accurate and complete as of the date of agreement on price. Under the June 7th memorandum, contracting officers are generally to request the TINA certificate within 5 days of the agreement on price and thereafter to ignore any sweeps data until after the award of the contract, at which point the government will evaluate the sweeps data to determine whether it rendered the pre-hand shake data defective and entitles the government to a price adjustment.