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DOD Seeks Feedback on Proposed Rule on Cost, Pricing Data Requirements

The Department of Defense has proposed a rule to apply sections of the National Defense Authorization Acts for fiscal years 2018, 2021 and 2022 to effectively update the cost or pricing data submission requirements for contractors.

According to a Federal Register notice published Thursday, DOD proposed the rule as an amendment to the Defense Federal Acquisition Regulation Supplement.

Upon the request of a contracting officer, a section in the FY 2018 NDAA requires offerors to submit data other than certified cost or pricing data.

A section of the FY 2021 NDAA sets a $2 million threshold for TINA requirements, also known as the Truthful Cost or Pricing Data statute, regarding modifications to contracts or subcontracts.

Meanwhile, a section in the FY 2022 defense authorization measure directs contracting officers to modify contracts to reflect the relevant TINA threshold as necessary.

According to DOD, the proposed rule will help foster efficiency and reduce costs related to administering contracts by implementing a uniform TINA threshold and provide government contracting officers with the ability to collect data other than certified pricing or cost data for contract modifications.

The department also noted that raising the TINA threshold for subcontracts and contract modifications could benefit small businesses by reducing the overall number of contracts to which TINA requirements apply.

Comments on the proposed rule are due Nov. 25.

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