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Page 1: Contract Closeout for Cost– - NCMA Home · Contract Closeout for Cost– Type Contracts Breakout Session #: E16 Johanna P. Akinfenwa, MSA, Contracts Team Chief, DCMA Jennifer Quinones,
Page 2: Contract Closeout for Cost– - NCMA Home · Contract Closeout for Cost– Type Contracts Breakout Session #: E16 Johanna P. Akinfenwa, MSA, Contracts Team Chief, DCMA Jennifer Quinones,

Contract Closeout for Cost–Type Contracts

Breakout Session #: E16 Johanna P. Akinfenwa, MSA, Contracts Team Chief, DCMA

Jennifer Quinones, CPA, MSA, Deputy Assistant Director, Policy and Plans, DCAA

Cassandra McDuff, Chief, Program Coordination Division, MOCAS Joint Program Management Office (JPMO), DFAS

Date: Tuesday, July 26

Time: 2:30pm–3:45pm

Page 3: Contract Closeout for Cost– - NCMA Home · Contract Closeout for Cost– Type Contracts Breakout Session #: E16 Johanna P. Akinfenwa, MSA, Contracts Team Chief, DCMA Jennifer Quinones,

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Break Out Section Objectives • Contract Lifecycle

• Why it is so important to consider closeout in all phases of the contract lifecycle?

• Stakeholder Roles and Responsibility through the life cycle of the contract

• Why timely and efficient closeout is important?

• Contract Closeout Overview • FAR Mandated Time Periods for Closeout • Major Steps in Contract Closeout

• Contract Closeout Challenges

• Financial Impacts • Appropriation Life Cycle

• DOD Wide Effort to Reduce Its Contract Closeout Backlog • Tri-Agency Working Group • DCAA, DCMA & DFAS Initiatives

• Closeout Best Practices and Guidance

• Solutions for Problem Closures

Page 4: Contract Closeout for Cost– - NCMA Home · Contract Closeout for Cost– Type Contracts Breakout Session #: E16 Johanna P. Akinfenwa, MSA, Contracts Team Chief, DCMA Jennifer Quinones,

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Contract Life Cycle

Funding

Pre Contract Structure/Award

Contract Closeout

Contract Performance and

Administration

TIP: Consider closeout in the beginning stages of the contract though the contract performance to successfully close the contract in efficient and timely manner.

Page 5: Contract Closeout for Cost– - NCMA Home · Contract Closeout for Cost– Type Contracts Breakout Session #: E16 Johanna P. Akinfenwa, MSA, Contracts Team Chief, DCMA Jennifer Quinones,

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Document Relevant

Information in CBAR

Analyze/Audit submission and Negotiation

Buying Command

DCMAACO

DCAA

Requirement

Solicitation

Source Selection

Award

Funding

Pre-Award Accounting System

Pre-Award Estimating System

DFAS

Set up LOA &

Financial Record

Pre-Award

Provides acquisition insight on business

intelligence

Page 6: Contract Closeout for Cost– - NCMA Home · Contract Closeout for Cost– Type Contracts Breakout Session #: E16 Johanna P. Akinfenwa, MSA, Contracts Team Chief, DCMA Jennifer Quinones,

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Buying Command

DCMA ACO

DCAA

Annual Audit of Incurred Cost

DFAS

Accounting/Billing System Audit –

Process Withholds

Pay Vouchers

Process Contract

Modifications Adjust Funding &

Monitoring

Process Vouchers/ Perform Payment Reviews Maintain Gov.

Financial Record

Monitor Funding Accept Deliveries

Monitor Funding

During Performance

Page 7: Contract Closeout for Cost– - NCMA Home · Contract Closeout for Cost– Type Contracts Breakout Session #: E16 Johanna P. Akinfenwa, MSA, Contracts Team Chief, DCMA Jennifer Quinones,

Close Out

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DCMA ACO

DCAA

Audit of Incurred Cost

DFAS Pay Final Voucher

Process Contract Modifications

Reconcile Quantity – before accepting final

voucher

Reconcile and Close

Accounting File

Accept Final Delivery

Preliminary ULO Review,

reconcile payment

differences

Reconcile and Close Out Contract Resolve remaining funds

Confirm all Audits are Complete and documentation is submitted

Consider Quick Close Out Process Sign & Process

Final Voucher

Support Quick Close Out Procedures

Provide Final CACWS or Evaluation of Final Voucher

Buying Command

Page 8: Contract Closeout for Cost– - NCMA Home · Contract Closeout for Cost– Type Contracts Breakout Session #: E16 Johanna P. Akinfenwa, MSA, Contracts Team Chief, DCMA Jennifer Quinones,

Stakeholders Roles

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Additional Funding Property Disposition Replacement Funds Product Acceptance

Final OH Rates Indirect Cost Audits

CACWS Final Voucher

Review

Indirect Cost Rate Prop Year End Rate Adjustments

Final Invoice//Vouchers Settle Subcontracts

Funds Management

Negotiation of Rates

Complete all Closeout Actions

Reconciliations Part B (FFP<100K)

Final Payment

Additional Funding Property Disposition Replacement Funds Product Acceptance

Final OH Rates Indirect Cost Audits

CACWS Final Voucher

Review

Indirect Cost Rate Prop Year End Rate Adjustments

Final Invoice//Vouchers Settle Subcontracts

ONE FOCUS

Funds Management Negotiation of Rates Complete all Closeout

Actions

Reconciliations Part B (FFP<100K)

Final Payment

Services

Page 9: Contract Closeout for Cost– - NCMA Home · Contract Closeout for Cost– Type Contracts Breakout Session #: E16 Johanna P. Akinfenwa, MSA, Contracts Team Chief, DCMA Jennifer Quinones,

Industry Expectations in the Contract Lifecycle

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● Submit Proposal ● Support Audit of Proposal and Business System if applicable

● Incurred Cost Rate Proposal ● Submission of Invoice/Voucher ● Year End Rate Adjustments ● Monitor Cancelling Funds ● Submit CDRLs per Contract Requirements

● Submit Final Invoice/Voucher ● Settled Subcontracts ● Submit Closeout Forms (Example: Final Patent Report DD 882) ● For Cost Reimbursable: Adhere to FAR 52.216-7 Allowable Cost of Payment Clause

Pre-Award

During Performance

Closeout

Page 10: Contract Closeout for Cost– - NCMA Home · Contract Closeout for Cost– Type Contracts Breakout Session #: E16 Johanna P. Akinfenwa, MSA, Contracts Team Chief, DCMA Jennifer Quinones,

Why timely and efficient closeout is important? Save… Government Industry

Receive money due to Indirect cost rates under runs and disallow direct costs

De-obligated funds Limit future liability

Collect debt (Indirect Cost Rates Over Runs)

Receipt of final payment Expensive to maintain records

Reduce time awaiting for

support documentation Compliance with FAR

Requirements

Minimized time searching for documents

Personnel involved in the

pre-award and performance can proceed with the closeout

Personnel who worked on the contract can assist with the contract closeout process

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Page 11: Contract Closeout for Cost– - NCMA Home · Contract Closeout for Cost– Type Contracts Breakout Session #: E16 Johanna P. Akinfenwa, MSA, Contracts Team Chief, DCMA Jennifer Quinones,

Contract Closeout Time Standards

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• Time Standard FAR 4.804

Final invoice submission Line items balance Property & Patents are cleared Contractor paid in full All contract terms & conditions satisfied

Overhead rates are negotiated Direct cost are negotiated Subcontract rates and cost are settled Line items balanced Property & Patents are cleared Final voucher processed Contractor paid in full All contract terms & conditions satisfied

Overhead Rates have been negotiated Direct Cost are negotiated Subcontract rates and cost are settled Line items balance Property & Patents are cleared Final voucher processed Contractor paid in full All contract terms & conditions satisfied

Fixed Priced (6 months)

All Other (20 months)

Cost-Type (36 months)

• FAR 4.804-3 directs payment office to close contract upon issuance of final invoice/voucher payment

Page 12: Contract Closeout for Cost– - NCMA Home · Contract Closeout for Cost– Type Contracts Breakout Session #: E16 Johanna P. Akinfenwa, MSA, Contracts Team Chief, DCMA Jennifer Quinones,

Step 1

Step 2

Step 3 Step 4

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Final Incurred

Cost Proposal

Submission

Review and Approval of

Final Voucher

Submission of Final Voucher

Settlement of Final Indirect Rates

Annual Incurred Cost Submission (ICS) Audited/Low Risk Memo

Final Indirect Cost Rate Agreement Letter

Final Voucher for Physically Completed Contract within 120 days of Final Indirect Cost

Rate Agreement Letter

Cumulative Allowable Cost Worksheet

Picture of the Closeout Process How a cost contract moves from bucket to bucket and finally closes in MOCAS.

Closed

Page 13: Contract Closeout for Cost– - NCMA Home · Contract Closeout for Cost– Type Contracts Breakout Session #: E16 Johanna P. Akinfenwa, MSA, Contracts Team Chief, DCMA Jennifer Quinones,

Major Steps in Contract Closeout

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Page 14: Contract Closeout for Cost– - NCMA Home · Contract Closeout for Cost– Type Contracts Breakout Session #: E16 Johanna P. Akinfenwa, MSA, Contracts Team Chief, DCMA Jennifer Quinones,

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Contract Closeout Challenges

• Awaiting Audit • Invoice against Cancelled

Funds • Contracts in Litigation • KTR Has Failed to Submit

Final Voucher and Closing Documents

• KTR Filed Bankruptcy • KTR No Longer in Business

• Canceling Funds • Reconciliation • Balancing of CLINS • Cancelled Funds - Requires Current Year Funds

• Submission of Adequate IC Proposals

• CACW • Incurred Cost Audit

Backlog

• Submission of Final Indirect Cost Rate Proposal • Final Invoice & Release of Claims • Rate Agreement not • Signed • Pending Settlement of Subcontractor

Contractor DCAA

DCMA DFAS

Page 15: Contract Closeout for Cost– - NCMA Home · Contract Closeout for Cost– Type Contracts Breakout Session #: E16 Johanna P. Akinfenwa, MSA, Contracts Team Chief, DCMA Jennifer Quinones,

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FY16 Q2 DOD Non-Federal Accounts Payable $19.2B

Army $1.3B

Air Force $1.2B

Navy $887M

Marine Corps $109M

Defense Agencies

$32M

MOCAS Cancelled Unliquidated Obligations

Financial Impacts

Page 16: Contract Closeout for Cost– - NCMA Home · Contract Closeout for Cost– Type Contracts Breakout Session #: E16 Johanna P. Akinfenwa, MSA, Contracts Team Chief, DCMA Jennifer Quinones,

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Appropriation Life Cycle

Appropriation Types

Available Expired Cancellation Date

O & M = 1 Year + 5 Years = September 30th of the 6th year

R & D = 2 Year + 5 Years = September 30th of the 7th year

PROC = 3 Year + 5 Years = September 30th of the 8th year

MILCON = 5 Year + 5 Years = September 30th of the 10th year

Current/Available Expired Cancelled

Available for Obligation and Payment

Must Obtain New Funding

Available for Payment

Page 17: Contract Closeout for Cost– - NCMA Home · Contract Closeout for Cost– Type Contracts Breakout Session #: E16 Johanna P. Akinfenwa, MSA, Contracts Team Chief, DCMA Jennifer Quinones,

Tri-Agency Working Group

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Strategic Alignment of Priorities

DCMA’s Closeout Strategy

DCAA’s Audit Plan

DFAS (Service’s) Financial Records

Targeting funding cancelling in FY16 & FY17

Page 18: Contract Closeout for Cost– - NCMA Home · Contract Closeout for Cost– Type Contracts Breakout Session #: E16 Johanna P. Akinfenwa, MSA, Contracts Team Chief, DCMA Jennifer Quinones,

DCAA Initiative • Incurred Cost Strategy

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• Eliminating the Incurred Cost Backlog is an initiative under DoD’s Better Buying Power 2.0 • Developed a multi-pronged approach to working down

backlog in an effective manner – Dedicated audit teams – Multi-year audit techniques – Increased staffing dedicated to Incurred Cost – Implemented a low-risk sampling approach

to performing incurred cost audits

Page 19: Contract Closeout for Cost– - NCMA Home · Contract Closeout for Cost– Type Contracts Breakout Session #: E16 Johanna P. Akinfenwa, MSA, Contracts Team Chief, DCMA Jennifer Quinones,

Results of DCAA Initiatives

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$-

$50

$100

$150

$200

$250

0

2,000

4,000

6,000

8,000

10,000

12,000

FY 11 FY 12 FY 13 FY 14 FY 15

Dolla

rs E

xam

ined

(Bill

ions

)

Year

s Cl

osed

Years Closed Dollars Examined

Page 20: Contract Closeout for Cost– - NCMA Home · Contract Closeout for Cost– Type Contracts Breakout Session #: E16 Johanna P. Akinfenwa, MSA, Contracts Team Chief, DCMA Jennifer Quinones,

DCMA Initiatives

• Acquisition Enterprise Initiative (Strategic Plan) – Reduce Overaged Contract Closeout Backlog

• Extended the Quick-Closeout Class Deviation to September 30, 2017

• Established Process Working Group – Contract Closeout Business Process Reengineering

• Dedicated Contract Closeout Teams – OCONUS (FFP and Cost Reimbursable) – CONUS (Cost Reimbursable)

• Developed Contract Closeout Training – DAU and DCMA

• Established Goal to reduce 20% of overage contracts in DCMA Control

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Page 21: Contract Closeout for Cost– - NCMA Home · Contract Closeout for Cost– Type Contracts Breakout Session #: E16 Johanna P. Akinfenwa, MSA, Contracts Team Chief, DCMA Jennifer Quinones,

Result of DCMA Initiatives

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Page 22: Contract Closeout for Cost– - NCMA Home · Contract Closeout for Cost– Type Contracts Breakout Session #: E16 Johanna P. Akinfenwa, MSA, Contracts Team Chief, DCMA Jennifer Quinones,

Result of DCMA Initiatives

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0

500

1000

1500

2000

2500Overage Fixed Price Contracts

Straight Line ReductionTotal FP Overage50% Reduction Target

79% Current Completion

June 2015 Baseline: 2224

Page 23: Contract Closeout for Cost– - NCMA Home · Contract Closeout for Cost– Type Contracts Breakout Session #: E16 Johanna P. Akinfenwa, MSA, Contracts Team Chief, DCMA Jennifer Quinones,

DFAS Initiatives • Increased Simplified Contract Threshold

• Increased from $100K to $500K

• Partner on Legislative Relief Proposal

• Contracts Prior to FY2000 • No Further Deliverables • Un-reconcilable

• Published FY16 Yearend Guidance • Focused visibility of canceling funds balances • Highlight FYE invoicing instructions and submission deadlines

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Page 24: Contract Closeout for Cost– - NCMA Home · Contract Closeout for Cost– Type Contracts Breakout Session #: E16 Johanna P. Akinfenwa, MSA, Contracts Team Chief, DCMA Jennifer Quinones,

Contract Closeout Best Practices

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• Timely Submission of Final Voucher • Adhere to contractual billing terms • Use MOCAS Data Sharing Initiative (MDSI)

[email protected] • Promptly report payment discrepancies

Payment

• Know appropriation life-cycle • Remember Fiscal Yearend – September 30th • Timely submission of invoice • Partner with your contracting officers

Canceling Funds

• Complex Contract Structures • Billing and payment errors • Delayed payment discrepancy reporting/resolution

Reconciliation Impacts

Page 25: Contract Closeout for Cost– - NCMA Home · Contract Closeout for Cost– Type Contracts Breakout Session #: E16 Johanna P. Akinfenwa, MSA, Contracts Team Chief, DCMA Jennifer Quinones,

Contract Closeout Guidance and Best Practices

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• Adequate and Timely Submission of Incurred Cost Proposal

• Identify any contracts that may qualify for quick closeout • Adjust interim voucher within 30 days of settled final

indirect cost rates • Submission of Final Voucher within 120 days of Settled

Rates • Close subcontracts in a timely manner • Cumulative Allowable Cost Worksheet (CACWS) • Meetings with Stakeholders (Monthly or Quarterly)

Contractor Guidance and Best Practices

• DCAA Information Pamphlet for Contractor • DCMA Instructions 135, Contract Closeout • DD Form 1597 Contract Closeout Check-List • FAR 52.216-7(d) Allowable Cost and Payment Clause • FAR 4.804-5 – Procedures for Closing Out Contract Files • FAR 42,708 – Quick Closeout Procedures • FAR Home Site - http://farsite.hill.af.mil/ • www.dcaa.mil; www.dcma.mil and www.dfas.mil

Government Guidance

Page 26: Contract Closeout for Cost– - NCMA Home · Contract Closeout for Cost– Type Contracts Breakout Session #: E16 Johanna P. Akinfenwa, MSA, Contracts Team Chief, DCMA Jennifer Quinones,

Solutions for Problem Closures

Unusual Circumstances Possible Solutions 1. Contractor is No Longer in Business

Administrative Unilateral Closeout

2. Contractor is Bankrupt Coordinate with Office of General Counsel

3. Contractor Has Failed to Submit Indirect Cost Data

o Unilateral Determination of Indirect Cost Rates

o Unilateral Determination of Final Rates/Prices

4. Contractor is Unable to Submit Supporting Indirect Cost Data

Administrative Unilateral Closeout

5. Contractor Has Failed to Submit Final Invoice/Voucher

Fixed Price Contracts o Administrative Unilateral Closeout Cost Reimbursable Contracts o Unilateral Determination of Final Price o Accelerated Final Voucher

Preparation/Review

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Page 27: Contract Closeout for Cost– - NCMA Home · Contract Closeout for Cost– Type Contracts Breakout Session #: E16 Johanna P. Akinfenwa, MSA, Contracts Team Chief, DCMA Jennifer Quinones,

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• Johanna P. Akinfenwa, Contracts Team Chief [email protected]

☎ (832) 918-4910

Jennifer Quinones, Deputy Assistance Director, Policy & Plans [email protected] ☎ (703) 767-3280

Contact Information

Cassandra McDuff, Chief, Program Coordination, MOCAS JPMO [email protected] ☎ (614) 701-4452

“One Team, One Voice delivering global acquisition

insight that matters.”

“One Team, One Mission”

“Supporting The Warfighter, Protecting The Taxpayer”