TINA
What is the Truth in Negotiations Act (TINA) definition/purpose?
Requires contractors to provide the government with pricing information when normal market forces are not present, or almost anytime a contract office does not have adequate data to determine a price to be fair and reasonable.
Three different types of cost
- fixed
- variable
- semi- variable
True or False: For DoD agencies if you expect to have two or more responsible offers but only receive one offer can you award?
If only 1 offer is received and the solicitation allowed fewer than 30 days to respond,
the contracting officer shall:
1) consult the requiring activity on revising requirement in order to promote competition
2) resolicit for at least additional 30 days
• If only 1 offer is received and the solicitation allowed at least 30 days to respond, the
contracting officer shall (using cost or price analysis in order to determine fair and
reasonable):
– If proposed price is determined reasonable with no additional data – require the cost/price data already
provided to be certified (if over the threshold and no exception applies)
– If additional data is required to determine proposed price to be reasonable – obtain necessary data and
require all cost/price data provided to be certified (if over the threshold and no exception applies)
– If proposed price is not determined fair and reasonable – the PCO shall enter into negotiations
Different things that contribute to contract types
- price competition
-price analysis
- cost analysis
- type/complexity of the requirement
-combining contract types
-urgency of the requirement
- length of production
- acquisition history
- concurrent contracts
Per FAR 15.403 when is certified cost or pricing data applicable (dollar threshold). When would it not be applicable? (5 exceptions)
under SAT you never applicable.
Between SAT and 2,000,000 you may be applicable but need HCA approval
Above 2,000,000 shall be applicable as long as an exception doesn't apply
Exception:
Adequate Price Competition
Price Set by Law or Regulation
Commercial Item
Waivers
Modification to Commercial Items
What does CAS stand for and why is it needed
Cost Accounting Standard
Standards designed to achieve uniformity and consistency in cost accounting practices governing measurement, assignment, and allocation of costs to contracts with United States Government