Task Order Negotiation

Negotiating a Task Order is similar to negotiating a contract, and negotiations must be conducted in a fair and reasonable manner. The Contract Manager is responsible for documenting all negotiations in writing.

Items typically negotiated in Task Orders are:

• Scope of Work (e.g., work type, deliverables, milestones)
• Schedule
• Level of effort (hours)
• Classification and experience level of consultant personnel assigned
• Other direct cost items

Certain items are not subject to negotiation as they included in the Specific Rates given in the Contract Cost Proposal and have already been agreed to. Non-negotiable items are:

• Salary rates
• Indirect rates
• Fees
• Other direct cost (ODC) items, if rates are provided in the Contract Cost Proposal

The State's estimate is completed independently of the consultant's cost proposal for the draft task order. The project workplan should be the basis of the State's estimate. If the State's estimate does not agree with the proposal submitted by the consultant, then both estimates should be evaluated using the scope of work to discover the cause of the discrepancy. The negotiation is held to resolve those differences.