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Trending Cost & Pricing June 27: Defective Pricing – Hazards & Defenses

June 27 @ 12:00 pm - 1:30 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


Dates and Topics

Government Contracting Officers are required to “purchase supplies and services from responsible sources at fair and reasonable prices.” How to accomplish this lofty goal is part process and part experience. There are many tools and techniques that are available in the marketplace and many companies and agencies will apply these in different ways. Cost Analysis and Price Analysis are the primary, essential tools used in assessing fairness and reasonableness of proposed prices. The purpose of this virtual class series is to provide insight understanding into the requirements that need to be understood by buyers and sellers in all government contracting situations. The sessions are led in a straight forward, interactive manner with real world experience and current guidance and trends through a thorough discussion of these concepts in practical and actionable terms. Participants will learn not only how things are done but understand why some of the requirements exist. The course objective, simply stated, is to have participants obtain a working level understanding of cost and price analysis and their impact on the procurement process.


The Trending Cost & Pricing Issues Virtual Class Series (to register for the 2018 series, click here) 


12:00 pm – 1:30 pm (ET)

January 24: Price Analysis and Fair and Reasonable Pricing

February 7: Commercial Item Pricing and Challenges in the Current Environment

March 7: Direct and Indirect Costs and a Little Thing Called G&A!

April 4Profit – Yes, contractors are allowed to have some!?

May 30: Cost Analysis and Cost Realism and Their Expanding Roles in Contract Pricing

June 27: Defective Pricing – Hazards & Defenses

*topics are subject to change*

Each registration allows for one person to log in. Your team members can join you in a conference room for no additional cost. Additional logins for those located in other offices, working remotely, or otherwise unable to participate with the registrant can be purchased for $50 each.

Continuing Education Credits

2.0 credits per session; 12 credits for entire series.

CPE (Finance)
1.5 credits per session; 10.5 credits for entire series.

1.5 credits per session; 9 credits for entire series for AK, AZ, AR, CA, CO, FL, HI, ME, MT, NJ, NY, ND, OH, OR, PA, VA, WI (if you need CLE for a state not listed, call us.)

0.15 credits per session; 0.9 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; 9 PDU credits for entire series.





John Plinke

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.

Upcoming Seminars

Webinars & Virtual Classes