Make sure you know if and when TINA applies to your procurement contracts and the risk imposed when TINA does apply.
The Truth in Negotiations Act is a unique requirement in federal government contracting. Noncompliance with TINA can expose a contractor to significant civil, criminal, and administrative penalties. Many federal contractors do not know whether TINA applies to their procurements and, if so, what information is required; or whether a possible exception to TINA applies to exempt the procurement from TINA's requirements. Many contractors are confused by the commercial item exception and the exception to the exception for modifications to commercial items that may require submission of certified cost and pricing data, even for commercial item procurements, in certain situations. This topic helps contractors and government officials to understand whether a procurement is subject to TINA based on the dollar thresholds of the procurement; then provides information on identifying whether your procurement may be subject to an exception to TINA's requirements, with special focus on the exception for commercial items; and then explains the exception to the exception for certain procurements involving modifications to a commercial item, which could mean that TINA's requirement for certified cost and pricing data may apply. The material examines the government's shifting attitudes toward commercial item procurements and discusses the current treatment of commercial item procurements. This information is critical for government contractors, program managers, procurement and contracting professionals, and the finance professionals supporting them so they can ensure they know when TINA applies and how to satisfy TINA's requirements.
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Fernand A. Lavallee
- Partner at Jones Day
- Practice emphasizes all aspects of public procurement law, with an emphasis on high technology and intellectual property issues in government contracts and other transaction agreements (OTAs)
- Conducts regular seminars and workshops on topics of interest to government contractors at all tiers
- Author of several publications related to government contracting and subcontracting, with a focus on intellectual property in government contracts, grants, cooperative agreements and OTAs
- Member of the ABA Public Contract Law Section; vice-chair of the ABA PCLS Intellectual Property Committee; National Contract Management Association (NCMA)
- Selected to the Super Lawyers list, 2018, 2019
- J.D. degree, College of William & Mary; A.B. degree, Georgetown University
- Can be contacted at 202-879-3486 or [email protected]
Cherie J. Owen
- Of Counsel at Jones Day
- Practice emphasizes all aspects of government contracts counseling and litigation with an emphasis on bid protests and contract claims
- Conducts regular seminars and workshops on numerous government contracts issues, including bid protests, contract administration and claims, and issues related to pricing
- Author of several publications related to the areas of government contracts, particularly in the areas of solicitation preparation, bid protests, contract award, and contract administration
- Member of the ABA Public Contract Law Section; vice-chair of the ABA Bid Protest Committee; member of the Boards of Contract Appeals Bar Association
- J.D. degree, summa cum laude, Pennsylvania State University
- Can be contacted at 202-879-3996 or [email protected]
Erin E. O'Shea
- Director in the Greater Washington, D.C. office of BDO USA
- Advises clients on all cost-related aspects of federal and commercial procurement matters with an emphasis on compliance reviews
- Conducts seminars and workshops on numerous cost-related topics for federal and commercial procurement and compliance matters
- Associate member of the American Bar Association, Public Contracts Law Section
- B.S.B.A degree, with a focus in accounting and a minor in mathematics, American University, Kogod School of Business
- Can be contacted at 703-336-1618 or [email protected]
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