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TINA Waivers

TINA Waivers. New Law and Reducing Cost Data. Eleanor Spector Vice President, Contracts. New Law for TINA Waivers. Section 817, FY 2003 National Defense Authorization Act. HCA may grant a waiver if:

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TINA Waivers

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  1. TINA Waivers New Law and Reducing Cost Data Eleanor Spector Vice President, Contracts

  2. New Law for TINA Waivers Section 817, FY 2003 National Defense Authorization Act • HCA may grant a waiver if: • Property or services cannot reasonably be obtainedwithout grant of a waiver (new criterion), and • The price can be determined to be fair and reasonable without the submission of certified cost or pricing data (the old criterion in FAR 15-403-1(c)(4)), and • There are demonstrated benefits to granting the waiver (new criterion). • Imposes an annual Congressional reporting requirement on all TINA waivers over $15M including an identification of the steps to insure price reasonableness (new requirement).

  3. Reducing Unnecessary Cost Data Requirements Still Possible • Use the flexibility in FAR 15-408 to specify a format for cost data submission other than Table 15-2. • Use parametric estimating systems and agreed upon cost models. • Recognize price competitions on FMS sales. • Eliminate voluminous cost data requirements for competitions – use internal government estimate as a reasonableness check for source selection comparisons. • TINA waiver for part of the proposal.

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