GovCon Compliance

TINA

The Truth in Negotiations Act, now codified at 10 U.S.C. Chapter 271 and implemented by FAR 15.403, requires contractors to submit certified cost or pricing data to the government before negotiating a contract or modification above the statutory threshold. The threshold rose to $2 million effective July 1, 2018 under the FY 2018 NDAA. A defective certification, meaning data that was inaccurate, incomplete, or noncurrent as of the date of agreement on price, exposes the contractor to a price reduction, interest, and potentially a False Claims Act case. TINA does not apply to commercial item acquisitions or competitively awarded contracts.

The Authority Brief

One compliance analysis per week from Josef Kamara, CPA, CISSP, CISA. Federal and private compliance, written for practitioners.