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AOF Commercial Toolkit

Commercial Guidance for the UK MOD Defence Acquisition Community

version 2.10.9 - August 2010

Content

Pricing - Equality Of Information

This page is an extract from the full topic guidance on Pricing – Equality of Information [57KB PDF]. It details any Constraints associated with Pricing - Equality of Information, provides a summary of the Authoritative Guidance and lists any essential reading, further reading or associated documents.

If you have any queries on this topic, please contact the Sponsor by email: DGDC CS-2A-Asst-Hd.

Constraints

None.

Authoritative Guidance Summary

Non-competitive contracts are priced on the basis of 'equality of information' (E of I). This principle is enshrined in the 1968 Government Profit Formula Agreement which has now been carried forward in the 2006 Annual Review of the Profit Formula for Non-Competitive Government Contracts.

Equality of information is effected through DEFCON 643 (Equality of Information) [24KB PDF] and the E of I Pricing Statement. This Statement should be completed for all non-competitive contracts and amendments in excess of 250K (two hundred and fifty thousand pounds sterling).

The E of I Pricing Statement contains a confidentiality undertaking that is binding on both parties and the Ministry of Defence (MOD) expects contractors to be prepared to release all information material to the settlement of fair and reasonable prices, regardless of origin. Without such information acquisition teams may be unable to negotiate prices and place a contract - this should be made clear to the contractor.

MOD accepts that the E of I principle is mutual and has agreed a statement about the release of information to contractors. Within the constraints of Government policy, MOD should be as open as possible about any pending procurement decisions that may affect the usage of a company's capacity and, through that, its overhead rates.

The E of I Pricing Statement should be signed before the contract is let. A period of up to a fortnight should be allowed to enable both parties to check the validity of the information that they have provided before they sign the Statement. This period is not an opportunity to re-open the prices but rather to check that the data is still sound.

E of I Pricing Statements are vital to the process of post costing and for references to the Review Board.

Associated Documents

Annex A - Equality Of Information - Pricing Statement [37KB DOC]

Annex B - Specimen Equality Of Information Check List [36KB DOC]

Annex C - CAAS Investigations And Price Negotiations: Release Of Information To Contractors [26KB PDF]

Essential Reading

Pricing - Team Approach topic

Pricing - Charging Rates topic

Pricing - NAPNOC topic

Pricing - Post Costing topic

Pricing - Government Profit Formula topic

Further Reading

National Audit Report Into Non-competitive Procurement In The MODExternal link to Internet content

Pricing - Subcontracts topic

Prime Contracting topic

Change History

Change History

1 July 2009
Reference to CAS changed to read CAAS after their merger with Supplier Engagement Team.
1 May 2009
Change of sponsor name from DCD-DCS2-AD1
1 August 2008
Minor edits to support Departmental name changes.
1 May 2008
Annexes removed from main document, and stored as individual documents.
1 May 2007
Change to Sponsor title from CSG-IPSec.
1 April 2007
Minor edits to support Departmental name changes.
1 November 2006
Updated to reflect the publication of the 2006 Annual Review of the Profit Formula for Non-Competitive Government Contracts.
1 September 2006
Change to Sponsor title.