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Understanding The Truth In Negotiations Act (TINA) and Commercial Items

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 (TINA) 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. They also do not know 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, first, whether a procurement is subject to TINA based on the dollar thresholds of the procurement. The content 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. The topic also 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.


Runtime: 91 minutes
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Agenda

Overview and Background of the Truth in Negotiations Act (TINA)

  • History
  • Goals
  • Certified Cost and Pricing Data - Rationale, Definition and Examples
  • Why This Topic Is Significant

TINA Basics

  • When Does TINA Apply?
  • New Thresholds for TINA Applicability
  • What Does TINA Require?
  • Submitting Complete and Adequate Proposals - What Data to Include

TINA Exceptions

  • Adequate Price Competition
  • Prices Set by Law or Regulation
  • TINA Waiver
  • Commercial Item Contract or Modification

Commercial Item Exception

  • What Is a Commercial Item?
  • Exception to the Commercial Item Exception - Explanation and History
  • Additional Limitations to the Commercial Item Exception
  • Data Other Than Certified Cost and Pricing Data
  • Changing Views Regarding Commercial Items: Distrust vs. Enthusiasm

Defective Pricing and TINA Best Practices

  • What Is Defective Pricing?
  • TINA Best Practices
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Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

This course was last revised on May 25, 2018.

Call 1-866-352-9540 for further credit information.

  • CPIM/CFPIM/CSCP 1.0
     
  • This program may qualify for 1.0 certification maintenance points toward the CSCP, CPIM and CLTD designations through The Association for Operations Management.
     
  • ISM 1.5
     
  • Participants who successfully complete this program will receive 1.5 hours of continuing education. They may be applied toward ISM CPSM, CPSD or C.P.M. recertification. ISM's consent to approve hours for this educational event is not an endorsement of this program or its content by ISM.
     

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Audio & Reference Manual

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Fernand A. Lavallee

Fernand A. Lavallee

Jones Day

  • 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 [email protected] or 202-879-3486
Erin E. O'Shea

Erin E. O'Shea

BDO USA

  • Director in the Greater Washington, D.C. office of BDO USA, LLP
  • 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, American University, Kogod School of Business with a focus in accounting and a minor in mathematics
  • Can be contacted at 703-336-1618 or [email protected]
Cherie J. Owen

Cherie J. Owen

Jones Day

  • Counsel at Jones Day
  • Practice emphasizes all aspects of government contracts counseling and litigation
  • 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; Co-chair of the ABA Bid Protest Committee; member of the Boards of Contract Appeals Bar Association
  • J.D. degree, Pennsylvania State University (summa cum laude)
  • Can be contacted at [email protected] or 202-879-3996
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Product ID: 401654
Published 2018
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