The Truth in Negotiations Act (TINA): Preventing Defective Pricing Allegations
Contents. This text presents proactive solutions for allegations of defective pricing that a prime or subcontractor can experience in performing government contracts. It discusses numerous techniques that the contractor can undertake while it is negotiating contracts to prevent post-performance audit problems and allegations of defective pricing. It emphasizes the practical first, and states the legal underpinnings only as necessary to understand the required prevention techniques.
Why You Need This Document on Your Desk. There are several other academic approaches to defective pricing that discuss and analyze the case law in this area. Those should be in your library as well. However, contractors and government officials need to understand the practical aspects of what is taking place in the cost and pricing arena and how to prevent claims and defenses from both sides. Contractors need to know the preventative techniques which will enable them to ‘defective pricing proof’ a contract transaction. By the same token, the government needs to know the frequent common mistakes that take place on this issue so that when they assert a defective pricing claim they are doing so in a substantive fashion, with a realistic basis for recovery.
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