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Defective Pricing Cases Since the Turn of the Century

By Phillip Seckman and Caroline Colpoys
November 8, 2023
  • General
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Dentons’ Government Contracts group has published “Defective Pricing Cases Since the Turn of the Century,” in The Procurement Lawyer (Vol. 59, No. 1), which it has made available through this alert.

In light of the increased audit activity focusing on defective pricing issues, this article surveys recent defective pricing cases, specifically those decided since the turn of the century. The article begins with a brief overview of the Truthful Cost or Pricing Data statute (formerly known as the Truth in Negotiation Act or TINA) and the elements of a defective pricing claim. The survey then addresses a critical threshold issue, namely what is and is not cost or pricing data and includes cases exploring the line between verifiable facts versus judgments. Next is a discussion of cases which address what constitutes meaningful disclosure, whether it matters if the government had actual knowledge of the data at issue, and whether data was reasonably available to be disclosed in the first place. The article also touches on defective pricing and the Civil False Claims Act. Nearly 100 cases that discuss defective pricing in some way have been published over the nearly 25-year period this article covers—and this article includes a summary or citations to the most notable cases on this topic.

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Civil False Claims Act, Cost and Pricing, government contracts, Pricing Data, Truth in Negotiation Act, Truthful Cost
Phillip Seckman

About Phillip Seckman

Phillip Seckman represents clients concerning government and commercial contract matters. His practice spans a broad range of subjects related to federal procurement law, state and local procurement law, and complex federal regulatory issues. He concentrates his practice in the areas of commercial item acquisitions, GSA schedule contracting, cybersecurity, compliance, internal investigations, and bid protests (both federal and state). A significant component of his practice involves government contract cost allowability, proper cost accounting, and contract cost and pricing issues.

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Caroline Colpoys

About Caroline Colpoys

Caroline is a member of Dentons’ US Government Contracts Practice. Her legal practice focuses on all aspects of government contract counseling and litigation. Caroline litigates contract disputes and bid protests; counsels on cost and pricing and other statutory, regulatory, and contractual obligations; conducts internal investigations to address compliance-related concerns; and advises government contracts clients undergoing corporate transactions.

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