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Government Contracts Cost and Pricing: The Truth in Negotiations Act, or Whatever the Kids Are Calling It These Days (Part 3)

Government Contracts & Investigations

Welcome back to the Cost Corner, where we provide practical insight into the complex cost and pricing requirements that apply to Government Contractors. We just completed two articles on the Truth in Negotiations Act (TINA) [1] and, before that, two articles on Defense Contract Audit Agency (DCAA) audits.

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How to Avoid Truth in Negotiations Act TINA Pricing Criminal Liability

Watson & Associates

Watson, Government Contracts and Procurement Fraud Attorney: The Truth in Negotiations Act (TINA), also known as Public Law 87-653, is a U.S. 254b that requires government contractors to submit cost or pricing data in their bids and to certify. federal law, 10 U.S.C. 2306a, 41 U.S.C.

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Multiple Award Schedule (MAS) Pricing Paradoxes

The CGP

“Fair and Reasonable” MAS contract level pricing is impacted by a host of factors. These include federal and commercial market conditions, government versus commercial contract terms and conditions, the Federal Acquisition Regulation (FAR), the General Services Acquisition Regulation (GSAR), and FAS policy, procedures, and training.

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Agency Could Not Accept Price Above Awardee’s FSS Price, GAO Says

SmallGovCon

If you feel like prices for just about everything are going up, you’re not alone. In federal government contracting, however, a contractor may not have the same leeway to raise its prices. Accordingly, issuing an order based on non-FSS pricing under an FSS acquisition would be improper. B-421917.2,

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Doing Deals: Challenges in Negotiations

The Procurement School

Author: Larry Berglund Negotiation competencies are a must in procurement. Whether in the private or public sector, you are always negotiating. Characterized as one of a few players in a market which control pricing or supply such as foods, communications, airlines, or office supplies. Where can you find leverage?

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Why pricing and quantities go hand-in-hand for a fixed-price contract

Federal News Network

A contractor got into a pricing squeeze when the customer, in this case the Marine Corps, way underestimated the quantities for the services under the fixed-price contract. Why don’t you, contractor, just submit an REA for a go forward, change the unit pricing. This one just seeks a change in the unit prices.

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What is fair and reasonable: GSA’s proposed economic price adjustment clause

Federal News Network

On November 16, 2023, the General Services Administration issued a proposed rule updating the General Services Acquisition Regulation (GSAR) Federal Supply Schedule Economic Price Adjustment (EPA) clauses. limits on the timing and number of price adjustments). After all, in both these cases, the mechanisms are part of the contract.

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