Summary
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