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Trending Cost & Pricing Issues December 21: Defective Pricing – Hazards & Defenses

December 21, 2017 @ 1:00 pm - 2:30 pm




In this final session of this season’s Trending Cost & Pricing Issues, Bill Walter of Dixon Hughes Goodman and his guest host David Bodenheimer with Crowell & Moring will introduce one of the unique weapons in the Federal Government’s arsenal. Since 1963, when applicable, Public Law 87-652 (aka the “Truth In Negotiations Act” (TINA)) provides a contractual right to the Government – in certain circumstances – where the Contracting Officer can reduce contracted prices – after the fact. When used effectively – TINA significantly levels the playing field regarding superior knowledge regarding cost and pricing data – while at the same time increasing the cost of contracting with the Federal Government. Our instructors will present the steps used by the Government to seek out and identify Defective Pricing. We will also identify strategies and defenses you can take to avoid the risk of contract price adjustments and other penalties. Our instructors will examine TINA from several viewpoints and outline the risks imposed and review relevant case law and interpretations to help you understand the wide net that can be cast under this law – and steps you can take to avoid potential challenges.

This season finale will:

  • Discuss relevant history of defective pricing
  • Identify the exemptions to TINA and pricing strategies to avoid TINA
  • Identify the differences between Certified Cost or Pricing Data and Data other than Certified Cost or Pricing Data
  • Define the criteria for Defective Pricing
  • Provide some relevant examples of the Hazards contractors face
  • Cover indicators of defective pricing
  • Review DCAA’s Program Plan and its impact on defective pricing audits in 2016
  • Discuss DCAA audit guidance programs related TINA
  • Present a discussion of recent, relevant cases

Trending Cost & Pricing Issues Series (to register for the series, click here)

Third Thursday of the Month

1:00pm-2:30pm (ET)

The CAS Series:

January 19 Part I: CAS Overview: Applicability, Types of Coverage and CAS Administration

February 16 Part II: The Cost Accounting Standards – Allocation of Cost

March 16 Part III: The Cost Accounting Standards – Assignment and Measurement of Cost

April 20 Part IV: The CASB Disclosure Statement

The Cost and Price Analysis Series: 

May 31: Part I: Price Analysis and Fair and Reasonable Pricing (please note, this session will take place from 12:00 pm to 1:30 pm EDT)

June 27: Part II: Commercial Item Pricing and Challenges in the Current Environment

September 21: Part III: Direct and Indirect Costs and a Little Thing Called G&A!

October 19: Part IV: Profit – Yes, contractors are allowed to have some!?

November 16: Part V: Cost Analysis and Cost Realism and Their Expanding Roles in Contract Pricing

December 21: Part VI: Defective Pricing – Hazards & Defenses

*topics are subject to change*

Continuing Education Credits

2.0 credits per session; 20 credits for entire series

CPE (Finance)
1.5 credits per session; 18 credits for entire series

1.5 credits per session; 15 credits for entire series for AK, AZ, AR, CA, CO, FL, HI, ME, MT, NJ, NY, ND, OR, PA, VA, WI (if you need CLE for a state not listed, call us.)

0.15 credits per session; 1.5 credits for entire series


This course can be submitted to Project Management Institute (PMI) for PDU.  Upon their approval, it may be worth 1.5 PDU credits per session; 15 PDU credits for entire series



Raisa Dunton



The Public Contracting Institute is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.nasbaregistry.org.

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