Blog Tags - Public law

If the prime contract was awarded with a total ceiling value in excess of $700,000.00 and was awarded on a noncommercial and/or noncompetitive basis, it is subject to TINA. Even if the prime contract was awarded on a noncommercial but competitive basis, if any aspect of the prime contract performance is contemplated on a Cost Reimbursable basis, TINA may apply.

That means that DCMA doesn't ask whether or not you had to submit a certificate of current cost and pricing prior to a TINA finding anymore. Now, if you have a noncommercial noncompetitive award over $700K that includes 52.215-12 and 13 as a flowdown, you'll need to get a certification of current cost and pricing from the subcontractor even if the CO didn't request one from you during the proposal process. These FAR clauses were updated OCT 2010.