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knowledge to action ultimate forex secrets inc

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In establishing the reasonableness of the offered prices , the contracting officer -. A Data related to prices e. When obtaining data from the offeror is necessary, unless an exception under B Cost data to the extent necessary for the contracting officer to determine a fair and reasonable price. Requesting unnecessary data can lead to increased proposal preparation costs, generally extend acquisition lead time, and consume additional contractor and Government resources. If a fair and reasonable price cannot be established by the contracting officer from the analyses of the data obtained or submitted to date, the contracting officer shall require the submission of additional data sufficient for the contracting officer to support the determination of the fair and reasonable price.

The contracting officer shall not require certified cost or pricing data to support any action contracts, subcontracts , or modifications but may require data other than certified cost or pricing data as defined in FAR 2. B Award will be made to the offeror whose proposal represents the best value see 2.

C There is no finding that the price of the otherwise successful offeror is unreasonable. Any finding that the price is unreasonable must be supported by a statement of the facts and approved at a level above the contracting officer. A There was a reasonable expectation, based on market research or other assessment, that two or more responsible offerors , competing independently, would submit priced offers in response to the solicitation 's expressed requirement, even though only one offer is received from a responsible offeror and if-.

B Price analysis clearly demonstrates that the proposed price is reasonable in comparison with current or recent prices for the same or similar items, adjusted to reflect changes in market conditions, economic conditions, quantities, or terms and conditions under contracts that resulted from adequate price competition.

Pronouncements in the form of periodic rulings, reviews, or similar actions of a governmental body, or embodied in the laws, are sufficient to set a price. If the contracting officer determines that a product or service claimed to be commercial is not, and that no other exception or waiver applies e. A When purchasing services that are not offered and sold competitively in substantial quantities in the commercial marketplace, but are of a type offered and sold competitively in substantial quantities in the commercial marketplace, they may be considered commercial services thus meeting the purpose of 41 U.

B In order to make this determination, the contracting officer may request the offeror to submit prices paid for the same or similar commercial services under comparable terms and conditions by both Government and commercial customers; and. C If the contracting officer determines that the information described in paragraph c 3 ii B of this section is not sufficient to determine the reasonableness of price , other relevant information regarding the basis for price or cost, including information on labor costs, material costs and overhead rates may be requested.

A For acquisitions funded by any agency other than DoD, NASA, or Coast Guard, such modifications of a commercial product are exempt from the requirement for submission of certified cost or pricing data. B For acquisitions funded by DoD, NASA, or Coast Guard, such modifications of a commercial product are exempt from the requirement for submission of certified cost or pricing data provided the total price of all such modifications under a particular contract action does not exceed the greater of the threshold for obtaining certified cost or pricing data in C For acquisitions funded by DoD, NASA, or Coast Guard such modifications of a commercial product are not exempt from the requirement for submission of certified cost or pricing data on the basis of the exemption provided for at The head of the contracting activity HCA may , without power of delegation, waive the requirement for submission of certified cost or pricing data in exceptional cases.

The authorization for the waiver and the supporting rationale shall be in writing. The HCA may consider waiving the requirement if the price can be determined to be fair and reasonable without submission of certified cost or pricing data. For example, if certified cost or pricing data were furnished on previous production buys and the contracting officer determines such data are sufficient, when combined with updated data, a waiver may be granted.

If the HCA has waived the requirement for submission of certified cost or pricing data , the contractor or higher-tier subcontractor to whom the waiver relates shall be considered as having been required to provide certified cost or pricing data.

Consequently, award of any lower-tier subcontract expected to exceed the certified cost or pricing data threshold requires the submission of certified cost or pricing data unless-. This includes requiring data from an offeror to support a cost realism analysis;.

Requests for updated offeror data should be limited to data that affect the adequacy of the proposal for negotiations, such as changes in price lists. When adequate price competition exists see However, if there are unusual circumstances where it is concluded that additional data are necessary to determine the reasonableness of price , the contracting officer shall , to the maximum extent practicable, obtain the additional data from sources other than the offeror.

In addition, the contracting officer should request data to determine the cost realism of competing offers or to evaluate competing approaches. The fact that a price is included in a catalog does not, in and of itself, make it fair and reasonable. If the contracting officer cannot determine whether an offered price is fair and reasonable, even after obtaining additional data from sources other than the offeror , then the contracting officer shall require the offeror to submit data other than certified cost or pricing data to support further analysis see This data may include history of sales to non-governmental and governmental entities, cost data, or any other information the contracting officer requires to determine the price is fair and reasonable.

Unless an exception under C a d 2 and 41 U. However, if the contracting officer has reason to believe exceptional circumstances exist and has sufficient data available to determine a fair and reasonable price , then the contracting officer should consider requesting a waiver under the exception at When a clause refers to this threshold, and if the threshold is adjusted for inflation pursuant to 1. Unless an exception applies, certified cost or pricing data are required before accomplishing any of the following actions expected to exceed the current threshold or, in the case of existing contracts, the threshold specified in the contract:.

Price adjustment amounts must consider both increases and decreases e. This requirement does not apply when unrelated and separately priced changes for which certified cost or pricing data would not otherwise be required are included for administrative convenience in the same modification. Negotiated final pricing actions such as termination settlements and total final price agreements for fixed- price incentive and redeterminable contracts are contract modifications requiring certified cost or pricing data if-.

A The total final price agreement for such settlements or agreements exceeds the pertinent threshold set forth at paragraph a 1 of this subsection; or. B The partial termination settlement plus the estimate to complete the continued portion of the contract exceeds the pertinent threshold set forth at paragraph a 1 of this subsection see The head of the contracting activity shall justify the requirement for certified cost or pricing data. The documentation shall include a written finding that certified cost or pricing data are necessary to determine whether the price is fair and reasonable and the facts supporting that finding.

When certification is required, the contracting officer may require submission of certified cost or pricing data in the format indicated in Table of Data supporting forward pricing rate agreements or final indirect cost proposals shall be submitted in a form acceptable to the contracting officer. The objective of proposal analysis is to ensure that the final agreed-to price is fair and reasonable. The analytical techniques and procedures described in this subsection may be used, singly or in combination with others, to ensure that the final price is fair and reasonable.

The complexity and circumstances of each acquisition should determine the level of detail of the analysis required. Price analysis should be used to verify that the overall price offered is fair and reasonable. These references provide detailed discussion and examples applying pricing policies to pricing problems. They are to be used for instruction and professional guidance.

However, they are not directive and should be considered informational only. Unless an exception from the requirement to obtain certified cost or pricing data applies under Price analysis may include evaluating data other than certified cost or pricing data obtained from the offeror or contractor when there is no other means for determining a fair and reasonable price.

Examples of such techniques include, but are not limited to, the following:. Normally, adequate price competition establishes a fair and reasonable price see A The prior price must be a valid basis for comparison. If there has been a significant time lapse between the last acquisition and the present one, if the terms and conditions of the acquisition are significantly different, or if the reasonableness of the prior price is uncertain, then the prior price may not be a valid basis for comparison.

B The prior price must be adjusted to account for materially differing terms and conditions, quantities and market and economic factors. For similar items, the contracting officer must also adjust the prior price to account for material differences between the similar item and the item being procured. However, if the contracting officer determines that information on competitive proposed prices or previous contract prices is not available or is insufficient to determine that the price is fair and reasonable, the contracting officer may use any of the remaining techniques as appropriate to the circumstances applicable to the acquisition.

Such techniques and procedures include the following:. A The necessity for, and reasonableness of, proposed costs, including allowances for contingencies;. C Reasonableness of estimates generated by appropriately calibrated and validated parametric models or cost-estimating relationships; and.

D The application of audited or negotiated indirect cost rates , labor rates, and cost of money or other factors. In conducting this evaluation, the contracting officer shall ensure that the effects of inefficient or uneconomical past practices are not projected into the future. In pricing production of recently developed complex equipment, the contracting officer should perform a trend analysis of basic labor and materials, even in periods of relative price stability.

A Actual costs previously incurred by the same offeror ;. B Previous cost estimates from the offeror or from other offerors for the same or similar items;. D Independent Government cost estimates by technical personnel; and. E Forecasts of planned expenditures. If there are such data, the contracting officer shall attempt to obtain and use them in the negotiations or make satisfactory allowance for the incomplete data.

The probable cost shall be used for purposes of evaluation to determine the best value. Results of the analysis may be used in performance risk assessments and responsibility determinations. However, proposals shall be evaluated using the criteria in the solicitation , and the offered prices shall not be adjusted as a result of the analysis. Any method of distributing costs to line items that distorts the unit prices shall not be used.

For example, distributing costs equally among line items is not acceptable except when there is little or no variation in base cost. Such information shall be used to determine whether the intrinsic value of an item has been distorted through application of overhead and whether such items should be considered for breakout. The contracting officer should require such information in all other negotiated contracts when appropriate.

Unbalanced pricing exists when, despite an acceptable total evaluated price , the price of one or more line items is significantly over or understated as indicated by the application of cost or price analysis techniques. The greatest risks associated with unbalanced pricing occur when-. If cost or price analysis techniques indicate that an offer is unbalanced, the contracting officer shall -. The requirements apply as a matter of policy to other Federal agencies.

If such alternative approaches are selected, any resulting solicitations shall be issued in accordance with the competition requirements under FAR part 6 ;. The contracting officer shall tailor requests to reflect the minimum essential supplementary information needed to conduct a technical or cost or pricing analysis. Field pricing assistance is generally available to provide-.

A Verifying sales history to source documents;. B Identifying special terms and conditions;. C Identifying customarily granted or offered discounts for the item;. D Verifying the item to an existing catalog or price list;. E Verifying historical data for a product or service previously not determined commercial that the offeror is now trying to qualify as a commercial product or commercial service ; and.

F Identifying general market conditions affecting determinations of commerciality and a fair and reasonable price. Early communication with these experts will assist in determining the extent of assistance required, the specific areas for which assistance is needed, a realistic review schedule, and the information necessary to perform the review. This information must be appropriately identified and protected accordingly. The completed field pricing assistance results may reference audit information, but need not reconcile the audit recommendations and technical recommendations.

A copy of the information submitted to the contracting officer by field pricing personnel shall be provided to the audit agency. The audit office shall send the audit report, or otherwise transmit the audit recommendations, directly to the contracting officer. However, the auditor may discuss statements of facts with the contractor. Copies of updated information that will significantly affect the audit should be provided to the auditor by the contracting officer.

The ACO or the auditor, as appropriate, shall notify the contracting officer immediately if the data provided for review is so deficient as to preclude review or audit, or if the contractor or offeror has denied access to any records considered essential to conduct a satisfactory review or audit.

Oral notifications shall be confirmed promptly in writing , including a description of deficient or denied data or records. The contracting officer immediately shall take appropriate action to obtain the required data. The contracting officer should consider whether a contractor or subcontractor has an approved purchasing system, has performed cost or price analysis of proposed subcontractor prices , or has negotiated the subcontract prices before negotiation of the prime contract, in determining the reasonableness of the prime contract price.

This subsection prescribes policies for establishing the profit or fee portion of the Government prenegotiation objective in price negotiations based on cost analysis. Rather, they represent that element of the potential total remuneration that contractors may receive for contract performance over and above allowable costs. 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.

Subject to the authorities in 1. When not using a structured approach, contracting officers shall comply with paragraph d 1 of this subsection in developing profit or fee prenegotiation objectives. Before applying profit or fee factors, the contracting officer shall exclude from the pre-negotiation cost objective amounts the purchase cost of contractor-acquired property that is categorized as equipment, as defined in FAR Before applying profit or fee factors, the contracting officer shall exclude any facilities capital cost of money included in the cost objective amounts.

If the prospective contractor fails to identify or propose facilities capital cost of money in a proposal for a contract that will be subject to the cost principles for contracts with commercial organizations see subpart 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.

Unless it is clearly inappropriate or not applicable, each factor outlined in paragraphs d 1 i through vi of this subsection shall be considered by agencies in developing their structured approaches and by contracting officers in analyzing profit, whether or not using a structured approach. This factor measures the complexity of the work and the resources required of the prospective contractor for contract performance.

Greater profit opportunity should be provided under contracts requiring a high degree of professional and managerial skill and to prospective contractors whose skills, facilities, and technical assets can be expected to lead to efficient and economical contract performance. The subfactors in paragraphs d 1 i A through D of this subsection shall be considered in determining contractor effort, but they may be modified in specific situations to accommodate differences in the categories used by prospective contractors for listing costs-.

A Material acquisition. This subfactor measures the managerial and technical effort needed to obtain the required purchased parts and material, subcontracted items, and special tooling. Considerations include the complexity of the items required, the number of purchase orders and subcontracts to be awarded and administered, whether established sources are available or new or second sources must be developed, and whether material will be obtained through routine purchase orders or through complex subcontracts requiring detailed specifications.

Profit consideration should correspond to the managerial and technical effort involved. B Conversion direct labor. This subfactor measures the contribution of direct engineering, manufacturing, and other labor to converting the raw materials, data, and subcontracted items into the contract items. Considerations include the diversity of engineering, scientific, and manufacturing labor skills required and the amount and quality of supervision and coordination needed to perform the contract task.

C Conversion-related indirect costs. This subfactor measures how much the indirect costs contribute to contract performance. The labor elements in the allocable indirect costs should be given the profit consideration they would receive if treated as direct labor. The other elements of indirect costs should be evaluated to determine whether they merit only limited profit consideration because of their routine nature, or are elements that contribute significantly to the proposed contract.

D General management. Considerations include how labor in the overhead pools would be treated if it were direct labor, whether elements within the pools are routine expenses or instead are elements that contribute significantly to the proposed contract, and whether the elements require routine as opposed to unusual managerial effort and attention. A This factor measures the degree of cost responsibility and associated risk that the prospective contractor will assume as a result of the contract type contemplated and considering the reliability of the cost estimate in relation to the complexity and duration of the contract task.

Determination of contract type should be closely related to the risks involved in timely, cost-effective, and efficient performance. This factor should compensate contractors proportionately for assuming greater cost risks. B The contractor assumes the greatest cost risk in a closely priced firm-fixed- price contract under which it agrees to perform a complex undertaking on time and at a predetermined price. The contractor assumes the least cost risk in a cost-plus-fixed-fee level-of-effort contract, under which it is reimbursed those costs determined to be allocable and allowable, plus the fixed fee.

C In evaluating assumption of cost risk, contracting officers shall , except in unusual circumstances, treat time-and-materials, labor-hour, and firm-fixed- price , level-of-effort term contracts as cost-plus-fixed-fee contracts. This factor measures the degree of support given by the prospective contractor to Federal socioeconomic programs, such as those involving small business concerns , small business concerns owned and controlled by socially and economically disadvantaged individuals, women-owned small business concerns , veteran-owned, HUBZone , service-disabled veteran-owned small business concerns , sheltered workshops for workers with disabilities, and energy conservation.

Greater profit opportunity should be provided contractors that have displayed unusual initiative in these programs. This factor takes into account the contribution of contractor investments to efficient and economical contract performance.

This factor allows additional profit opportunities to a prospective contractor that has previously demonstrated its ability to perform similar tasks effectively and economically. In addition, consideration should be given to measures taken by the prospective contractor that result in productivity improvements, and other cost-reduction accomplishments that will benefit the Government in follow-on contracts.

Under this factor, the contractor may be provided additional profit opportunities in recognition of independent development efforts relevant to the contract end item without Government assistance. The contracting officer should consider whether the development cost was recovered directly or indirectly from Government sources. In order to foster achievement of program objectives, each agency may include additional factors in its structured approach or take them into account in the profit analysis of individual contract actions.

However, when significant audit or other specialist recommendations are not adopted, the contracting officer should provide rationale that supports the negotiation result in the price negotiation documentation. The negotiation of a contract type and a price are related and should be considered together with the issues of risk and uncertainty to the contractor and the Government. Therefore, the contracting officer should not become preoccupied with any single element and should balance the contract type, cost, and profit or fee negotiated to achieve a total result-a price that is fair and reasonable to both the Government and the contractor.

Because profit or fee is only one of several interrelated variables, the contracting officer shall not agree on profit or fee without concurrent agreement on cost and type of contract. Disposition of the action should be documented. The scope and depth of the analysis supporting the objectives should be directly related to the dollar value, importance, and complexity of the pricing action.

When cost analysis is required, the contracting officer shall document the pertinent issues to be negotiated, the cost objectives, and a profit or fee objective. Certificate of Current Cost or Pricing Data. This is to certify that, to the best of my knowledge and belief, the cost or pricing data as defined in section 2.

This certification includes the cost or pricing data supporting any advance agreements and forward pricing rate agreements between the offeror and the Government that are part of the proposal. End of certificate. It applies to the data upon which the judgment or estimate was based.

This distinction between fact and judgment should be clearly understood. Leave this field blank. Favorite X. Part 15 - Contracting by Negotiation Parent topic: Federal Acquisition Regulation. As used in this part- Deficiency is a material failure of a proposal to meet a Government requirement or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level.

This subpart prescribes policies and procedures for- a Exchanging information with industry prior to receipt of proposals; b Preparing and issuing requests for proposals RFPs and requests for information RFIs ; and c Receiving proposals and information. Some techniques to promote early exchanges of information are- 1 Industry or small business conferences; 2 Public hearings; 3 Market research , as described in part 10 ; 4 One-on-one meetings with potential offerors any that are substantially involved with potential contract terms and conditions should include the contracting officer ; also see paragraph f of this section regarding restrictions on disclosure of information ; 5 Presolicitation notices; 6 Draft RFPs; 7 RFIs; 8 Presolicitation or preproposal conferences; and 9 Site visits.

Letter RFPs should be as complete as possible and, at a minimum, should contain the following: 1 RFP number and date; 2 Name, address including electronic address and facsimile address, if appropriate , and telephone number of the contracting officer ; 3 Type of contract contemplated; 4 Quantity, description, and required delivery dates for the item; 5 Applicable certifications and representations; 6 Anticipated contract terms and conditions; 7 Instructions to offerors and evaluation criteria for other than sole source actions; 8 Proposal due date and time; and 9 Other relevant information; e.

The uniform contract format need not be used for the following: a Construction and architect-engineer contracts see part The contracting officer shall prepare the representations and instructions as follows: a Section K, Representations, certifications, and other statements of offerors. The instructions may specify further organization of proposal or response parts, such as- 1 Administrative; 2 Management; 3 Technical; 4 Past performance ; and 5 Certified cost or pricing data see Table of When contracting by negotiation- a The contracting officer shall insert the provision at If a competitive range is to be established, these communications- 1 Shall be limited to the offerors described in paragraphs b 1 i and b 1 ii of this section and- i Shall be held with offerors whose past performance information is the determining factor preventing them from being placed within the competitive range.

Such communications may be considered in rating proposals for the purpose of establishing the competitive range; 3 Are for the purpose of addressing issues that must be explored to determine whether a proposal should be placed in the competitive range. In a small conference room in a Marriott hotel, adjacent to Canary Wharf in London's Docklands, 11 aspiring currency traders sit engrossed, listening to a man who claims to possess the secret of obtaining unlimited riches.

It's very difficult not to make money," says the presenter, Gurdas Singh, of a coaching firm called Knowledge to Action. At the end of the day, banks are giving you nothing. Don't put anything into an Isa — it's a waste of time. Singh's pitch is enhanced by the impressive claim that Prince William plays for the company's polo team plus a glitzy promotional video featuring a booming voiceover akin to those on Hollywood movie trailers.

But outside the meeting room, a more intriguing story emerges. Knowledge to Action Holdings is controlled by Secker, whom the company's website introduces as "a keen polo player, father to Santiago, philanthropist and founder of the Knowledge to Action foundation [who] lives in London with his gorgeous girlfriend Katherine Scott". The marketing materials continue in a familiarly confident vein: "Using the very same trading strategies discovered on his travels around international trading floors, Greg's personal trading account grew to such an extent that he decided to leave the investment banking world.

Already a wealthy man, Greg retired as a vice-president of Mellon Financial Corporation at the age of 27 to set up a trading floor from home. That picture is enhanced by the website's "in the press" section, where links to articles about Secker and his company include one interview in which he tells a financial website about his time "running" trading floors. It combines to create an impression that might lead some to assume that Secker was a trader at Mellon now Bank of New York Mellon.

Was he? After repeated unanswered questions asking who Secker had traded for, Knowledge to Action issued a statement. It said: "Mr Secker's background is set out clearly on Knowledge to Action's website. Still, Secker did work for Mellon, so it is conceivable that he learned from traders and used the lessons to teach others.

Knowledge to Action's website boasts numerous glowing testimonials, including one from Leslie Leung or Lang — two spellings are given on the site , a former interior designer. It's a fantastic learning environment. There are plenty more along similar lines and there appear to be situations where traders risk Knowledge to Action funds. The site adds: "[Secker] personally owns one of the highest performing private trading floors Live Trading Floor Ltd which employs full-time traders using the very same strategies Greg learned on his travels around the trading floors of the world.

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