Of all the statutes and regulations that apply to government contractors, the Truth in Negotiations Act (“TINA”), renamed the Truthful Cost or Pricing Data Act in 2013, is one of the most difficult with which to comply. The government has placed increased scrutiny on audits for defective pricing. In 2020, the Office of the Under Secretary of Defense (“OUSD”) published a memorandum regarding the creation of a new defective pricing audit team within the Defense Contract Management Agency (“DCMA”).
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