TINA Cert required?

[gibson]

The Gov has included the clause at 5252.216-9540 ISSUANCE OF ORDERS USING STREAMLINED PROCEDURES in our contract (copy provided below). Thie method prescribed in this clause has been used to determine the price of cost-plus-fixed-fee task orders under an IDIQ contract. The Gov awards non-competitive T.O.s that often exceed $650K using this mehod. Our Large Business contracts department has accepted/performed several orders under this method and has not provided any cost or pricing data or TINA certs. Althought the method does not specifically state cost or pricing data is NOT required, that is the approch the contracting officer has taken.

I'm wondering if this method used by the Gov properly negates the requirement for cost or pricing data since it does not seem to fit any of the excpetions under FAR 15.403.

Could it be that the Gov is making an offer and our company has the option of accepting that offer thereby creating the contract? Still, the requirements of FAR 15.4 linger and I wonder if our company is exposed should DCAA audit these files and look for the TINA cert.

Thanks in advance for your thoughts.

Gibson

COPY OF CLAUSE 5252.216-9540 ISSUANCE OF ORDERS USING STREAMLINED PROCEDURES

(1) For each proposed order, the contracting officer will provide the contractor with a statement of work (SOW) and an independent Government cost estimate (IGCE).

(2) Within three (3) working days of receipt of the SOW and IGCE, the contractor will respond with a confirmation letter agreeing to perform the SOW within the IGCE. If the requirement remains valid and the contracting officer determines the IGCE to represent a fair and reasonable price, a fully negotiated, priced order will be issued to the contractor.

(3) If the contractor does not agree with the SOW and/or IGCE, a proposal will be submitted to the contracting officer within five (5) working days of receipt of the SOW and IGCE, addressing only the specific areas of differences. Once the differences are resolved between the contracting officer and the contractor, and the contracting officer determines that the price is fair and reasonable, a fully negotiated, priced order will be issued to the contractor.