On March 28, 2013, the DFARS was updated to include contractor requirements to prepare and submit a proposal adequacy checklist with all proposals that require the submission of certified cost or pricing data (i.e., proposals subject to the Truth in Negotiations Act (TINA)). The requirements to prepare and submit the proposal adequacy checklist will be incorporated into solicitations subject to TINA through a new provision 252.215-7009, Proposal Adequacy Checklist.
According to the Department of Defense, the revisions to DFARS are intended to ensure that offerors take responsibility for submitting thorough, accurate, complete, and current proposals.
In preparing the checklist, an offeror will be required to provide the location—within its proposal—of each of the 36 required items on the checklist, as applicable. If one of the items on the checklist is not included in the proposal, the offeror will be required to provide an explanation as to why the requested information is not included. Offerors, should they choose, may have their prospective subcontractors use the same or similar checklist, if appropriate.
The original proposed rule, which was published on December 2, 2011, received 16 comments from both industry and the government. Many commented that that the rule was duplicative to the Defense Contract Audit Agency’s existing checklists and would result in increased costs and efforts to both the government and contractors. Others commented that the checklist should not be incorporated into DFARS, but rather in the DFARS Procedures, Guidance, and Information (PGI).
Despite these comments, the DoD incorporated a modified version of the proposed checklist into DFARS, citing that it is the contractor’s responsibility to ensure that a proposal is consistent with existing requirements of the FAR and DFARS.
Contractors should modify their pricing procedures to incorporate use of the DFARS proposal adequacy checklist in all proposals subject to TINA. Contractors may consider incorporating a requirement for prospective subcontractors to prepare a similar checklist for subcontractor proposals requiring the submission of certified cost or pricing data.
A proposal adequacy checklist template is provided at the link below.
The views expressed in this article are those of the authors and do not necessarily reflect the position or policy of Berkeley Research Group, LLC.