Topic
Defective Pricing
9 published works
Government Contracts & Investigations Blog
Government Contracts Cost and Pricing: The Truth in Negotiations Act, or Whatever the Kids Are Calling It These Days (Part 3)
By Keith Szeliga, Emily Theriault
Welcome back to the Cost Corner, where we provide practical insight into the complex cost and pricing requirements that apply to Government Contractors. We just completed two articles on the…
Government Contracts Legal Forum
Trick or Treat: DCMA Poised to Take on New Role in “Helping” to Resolve TINA Disputes
By Steve McBrady, Brian Tully McLaughlin, Nicole Owren-Wiest, Skye Mathieson, Charles Baek
On September 30, the Office of the Undersecretary of Defense for Acquisition and Sustainment issued a memorandum titled “Delegation of Defective Pricing Authority to the Defense Contract Management Agency,” describing…
Inside Government Contracts
With Potential New TINA Audits on the Horizon, the ASBCA Provides a Helpful Primer on Defending Against Defective Pricing Claims
By Frederic Levy, Peter B. Hutt II
Late last year, a spokesman for the Department of Defense announced without fanfare that the agency would increase audits of certified cost or pricing data under the Truth in Negotiations…
Inside Government Contracts
DoD Final Rule to Promote Post-Award Disclosure of Defective Pricing Arms Contractors with Potentially Impactful Information
On May 4, 2018, the Department of Defense (“DoD”) issued a final rule amending the Defense Federal Acquisition Regulation Supplement (“DFARS”) to state that, in the interest of promoting voluntary…
Inside Government Contracts
DoD Proposes DFARS Changes in Attempt to Promote Voluntary Disclosure of Defective Pricing
Pursuant to the Truth in Negotiations Act (TINA), contractors are required to submit current, accurate, and complete cost or pricing data when negotiating certain contracts with the Government. On November…
Inside Government Contracts
Updated DoD IG Guidance Signals New Enforcement Emphasis for DCAA Auditors
By Susan B. Cassidy, Michael Wagner, Covington Team
The Department of Defense Office of Inspector General (“DoD IG”) appears poised to place new emphasis on the pursuit of fraud cases in certain key enforcement areas, at least according…
Focus on Regulation
The Sixth Circuit in United Technologies Corp. Requires Government to Prove Actual Loss for False Claims Act Damages
By Mike Mason, Marta Thompson, Stacy Hadeka
The Department of Justice and qui tam relators were dealt another blow regarding how damages are calculated in False Claims Act (FCA) cases. In an FCA case involving allegations of…
The Contractor's Perspective
USPS’s de-regulated purchasing policies stymie defective pricing fraud cases
De-regulation of the U.S. Postal Service’s purchasing policies has stymied the prosecution of defective pricing fraud cases, according to a September 18, 2013 report issued by the USPS Office of…
Government Contracts Legal Forum
NY Company Pays $2.7 to Settle False Pricing Allegations
On June 2, 2011, the Department of Justice (“DoJ”) announced a $2.7 million settlement of a False Claims Act (“FCA”) case brought against Ultralife Corporation (“Ultralife”). The complaint alleges that Ultralife…