Rusty Holden Posted June 28, 2022 Report Share Posted June 28, 2022 I came across a situation where a Subcontractor charged one Prime contractor a different price for the same material than it did to a second Prime contractor. Can a Subcontractor Charge 2 different Primes a different price for the same material? Is that a violation of TINA? thanks, Geo Link to comment Share on other sites More sharing options...
ji20874 Posted June 29, 2022 Report Share Posted June 29, 2022 As I think I read here on WIFCON, TINA is a disclosure statute, not a pricing statute. If the subcontractor disclosed, maybe all is well with TINA? Personally, I don't see a problem with a firm charging different prices to different customers -- it happens all the time. Different circumstances call for different prices, right? Are you suggesting that EVERYTHING* in the two arrangements is identical, so an identical price is mandatory? *but here, we don't know that EVERYTHING is identical -- could be different quantities, different delivery dates, different T&Cs, different bargaining strengths, and so forth... Link to comment Share on other sites More sharing options...
joel hoffman Posted June 29, 2022 Report Share Posted June 29, 2022 20 hours ago, Rusty Holden said: I came across a situation where a Subcontractor charged one Prime contractor a different price for the same material than it did to a second Prime contractor. Can a Subcontractor Charge 2 different Primes a different price for the same material? Is that a violation of TINA? thanks, Geo How would TINA be applicable to one or both of the sales? There is no context to either question. Link to comment Share on other sites More sharing options...
Constricting Officer Posted June 29, 2022 Report Share Posted June 29, 2022 18 hours ago, Rusty Holden said: I came across a situation where a Subcontractor charged one Prime contractor a different price for the same material than it did to a second Prime contractor. Can a Subcontractor Charge 2 different Primes a different price for the same material? Is that a violation of TINA? No and No. Good day. Link to comment Share on other sites More sharing options...
Vern Edwards Posted June 29, 2022 Report Share Posted June 29, 2022 20 hours ago, Rusty Holden said: Can a Subcontractor Charge 2 different Primes a different price for the same material? Yes. 2 hours ago, joel hoffman said: Is that a violation of TINA? No. Link to comment Share on other sites More sharing options...
joel hoffman Posted June 29, 2022 Report Share Posted June 29, 2022 Just now, Vern Edwards said: Yes. No. I didn’t ask if that is a violation of TINA. Link to comment Share on other sites More sharing options...
Vern Edwards Posted June 29, 2022 Report Share Posted June 29, 2022 20 hours ago, Rusty Holden said: Is that a violation of TINA? No. Link to comment Share on other sites More sharing options...
General.Zhukov Posted July 6, 2022 Report Share Posted July 6, 2022 On 6/28/2022 at 3:25 PM, Rusty Holden said: Can a Subcontractor Charge 2 different Primes a different price for the same material? Yes. Circumstance matter. Prime A. I would like one widget please, delivered ASAP to Kwajalein Atoll, Marshall Islands. Sub: That will be $50,000/ea. Prime B. I would like one thousand widgets, delivery in six months, to the big depot across the street from your factory. Sub: That will be $10,000/ea. Link to comment Share on other sites More sharing options...
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