Even if an exception to certified cost or pricing data applies, the contracting officer is still required to determine price reasonableness. 2306aĮxceptions to certified cost or pricing data requirements. See PGI 215.404-1 ( DFARS/PGI view) and the Department of Defense Guidebook for Acquiring Commercial Items, Part B: Pricing Commercial Items, for more detailed procedures and guidance on obtaining data needed to determine fair and reasonable prices.Ģ15.403-1 Prohibition on obtaining certified cost or pricing data (10 U.S.C. This includes commercial sales data of items sold in similar quantities and, if such data is insufficient, cost data to support the proposed Item is determined to be a commercial item in accordance with FAR 2.101 and the contract Obtaining sufficient data from the offeror is particularly critical in situations where an When certified cost or pricing data are not required, and the contracting officer does not have sufficient data to determine price reasonableness, FAR 15.402(a)(2) requires the offeror to provide whatever data the contracting officer needs in order to determine fair and TINA also allows for a price adjustment remedy if it is later found that a contractor did not provide accurate, complete, and current data. Under TINA, the contracting officer obtains accurate, complete, and current data from offerors to establish a fair and reasonable price (see FAR 15.403). Procurement exceeds the TINA threshold and none of the exceptions to certified cost or

chapter 35) requires offerors to submit certified cost or pricing data if a The Truth in Negotiations Act (TINA) (10 U.S.C.

Memorandum from Director, Defense Contract Management Agency, Subject: Contract Business Analysis Repository Implementation, April 2, 2013Ĭontracting officers must purchase supplies and services from responsible sources at fair and reasonable prices.Defense Pricing Memorandum on Contract Business Analysis Repository (CBAR), March 12, 2013.Memorandum from Director, Defense Procurement and Acquisition Policy, Subject: Resolving Contract Audit Recommendations Dated, December 4, 2009.Memorandum from Director, Defense Procurement and Acquisition Policy, Subject: Waivers Under the Truth In Negotiations Act (TINA), Dated March 23, 2007.Memorandum from Director, Defense Procurement and Acquisition Policy, Subject: Exceptions and Waivers to the Truth In Negotiations Act, Dated February 11, 2003,.Memorandum from the Deputy Under Secretary of Defense (Acquisition and Technology), Subject: Award Fee Contracts (FAR 16, DFARS 215, DFARS 216), Dated March 29, 2006.Process and Reporting Requirements Pertaining to Contractor Denials of Contracting Officer Requests for Data Other than Certified Cost or Pricing Data, Dated March 22, 2019.

Tina 10 usc