Briefing · 1 Jul 2026
TINA is $10 million now. Subcontractors are still getting this wrong.
Section 1804(c) of the FY2026 NDAA raised the threshold for certified cost or pricing data on defense contracts from $2.5 million to $10 million. It applies to contracts entered into after 30 June 2026. Awards on or before that date keep the $2.5 million rule. It is not retroactive.
That sounds like relief. For a lot of construction task orders it is. It is also a trap. Primes will still flow TINA-like requirements in subcontracts out of habit, or because their purchasing system has not been updated. Subs will assume "we are under $10M so we send nothing," then get a show-cause when the prime's clause still asks for certified data.
The statute keys on when the contract is entered, not when the solicitation dropped. A bid you started in May under the old threshold can award in July under the new one. The clause in the award, not the clause in your first draft, is what you live with.
What to do on the next bid
Find the TINA / certified-data clause and the dollar value of this award, including options if they count. If you are a sub, do not take the prime's boilerplate as gospel. Ask which threshold they think applies and get it in the subcontract. Defective pricing exposure did not disappear above the old line. It moved.
FY2026 NDAA § 1804(c) amending 10 U.S.C. § 3702. See also coverage at Inside Government Contracts.