government contracting in 2015: balancing risks to reap...

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Baker Tilly Beers & Cutler, PLLC, is a wholly-owned subsidiary of Baker Tilly Virchow Krause, LLP. © 2015 Baker Tilly Beers & Cutler, PLLC Government Contracting in 2015: Balancing Risks to Reap Rewards - Compliance Update

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Page 1: Government Contracting in 2015: Balancing Risks to Reap ...wbjadvertising.com/pdf/Baker-Tilly_Government... · Contractor Forward Pricing Rate Proposal Adequacy Checklist at Table

Baker Tilly Beers & Cutler, PLLC, is a wholly-owned subsidiary of Baker Tilly Virchow Krause, LLP. © 2015 Baker Tilly Beers & Cutler, PLLC

Government Contracting in 2015: Balancing Risks to Reap Rewards - Compliance Update

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DCAA Audit Trends and Projections

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DCAA Audit Trends

>  “FY2011 was a very successful year for DCAA” >  “FY2012 was a very successful year for DCAA” >  “FY2013 was a very successful year for DCAA” >  “We made major strides in tackling the incurred cost backlog

–  we completed about 55 percent of the baseline backlog”

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Source: DCAA Annual Reports to Congress

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DCAA Audit Trends (cont’d)

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The “highest priority” audits

Source: DCAA Annual Reports to Congress

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DCAA Audit Trends (cont’d)

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“Very successful years”

Source: DoDIG Semi-Annual Reports to Congress Appendix D

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DCAA Audit Trends (cont’d)

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Source: DCAA Annual Budget Submissions

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DCAA Audit Trends (cont’d)

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Source: DCAA Annual Budget Submissions and DoDIG Semi-Annual Reports to Congress Appendix D

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DCAA Audit Trends (cont’d)

>  ““DCAA significantly increased its incurred cost audits in FY 2012 and FY 2013” (FY13 Report; this sentence precedes the following graph)

8 Source: DCAA FY13 Annual Report to Congress

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DCAA Audit Trends (cont’d)

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Incurred Cost Audit Backlog

Fiscal Year FY2011 FY2012 FY2013 Percent ChangeTotal ICPs Pending and Awaiting Adequacy Determination

24,000 26,000 23,000 -4.17%

Dollar Value of ICPs Pending and Awaiting Adequacy Determination (billions)

574$ 710$ 822$ 43.21%

Source: DCAA Annual Reports to Congress

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DCAA Audit Trends (cont’d)

>  “A key indicator of DCAA’s effectiveness is the increasing ratio of DCAA questioned costs to dollars examined.” (FY12 Report)

>  “An indicator of DCAA’s effectiveness in using its risk-based approach is the increasing ratio of DCAA questioned costs to dollars examined.” (FY13 Report)

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Source: DCAA FY13 Annual Report to Congress

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DCAA Audit Trends (cont’d)

> Questioned costs as a % of dollars examined has increased, but DCAA’s sustention rate has not.

> Are DCAA’s recent audits getting closed with these sustention rates?

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Source: DoDIG Semi-Annual Reports to Congress, Appendix E

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Recent Government Contract Compliance Updates

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Recent Government Contract Compliance Updates

Contractor Business System Oversight: DFARS Proposed Rule -- July 15, 2014 > Stated purpose: “entrust contractors with the capability to demonstrate

compliance… based on contractors’ self-evaluations and audits by independent CPAs.”

> Accounting system, estimating system, and MMAS > Contractors to provide annual assessments regarding compliance with

business system criteria no later than 6 months after contractor’s fiscal year

> Every three years, contractors must have independent audit report of compliance with DFARS system criteria

Final Rule estimated completion was April 2015*

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Recent Government Contract Compliance Updates (cont’d)

Contractor Business System Oversight Continued: Contractors and CPAs weigh in > Contractors: unacceptable that DCAA is still required to meddle with

contractor and independent auditor every step of way – “entrust” is not what rule achieves

> Contractors: shifts cost burden to industry – will have asymmetrical impact

> Contractors: generally like the idea of more timely audits and working with independent CPAs

> CPAs: DFARS criteria too subjective to perform audit in accordance w/ Prof. Standards

> CPAs: consequences unclear when CPA firms and DCAA disagree regarding deficiencies

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Recent Government Contract Compliance Updates (cont’d)

FPRP Adequacy Checklist DFARS Final Rule > DoD issued a final rule amending the DFARS to provide guidance to

contractors for the submittal of forward pricing rate proposals (FPRP). > Contracting officer will request that the contractor complete the

Contractor Forward Pricing Rate Proposal Adequacy Checklist at Table 215.403-1, and submit it with the FPRP.

> Proposals submitted at least 90 days prior to proposed effective date > Checklist includes three elements:

–  Submission Item –  Proposal Page No. (if applicable) –  Explanation if not provided

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Recent Government Contract Compliance Updates (cont’d)

“Commercial Items of a Type” Determinations DoD Reviewing Acquisition Procedures > DoD is reviewing acquisition procedures for “commercial items of a

type.” These are privately-developed items sold exclusively or nearly exclusively to federal customers.

> DoD believes that some contractors are overcharging federal customers for commercial items and are unable to substantiate their prices based on commercial market sales data.

>  If contractors have market based prices that can be substantiated through sales in the commercial market place, then the Government pays what the market pays.

> DCMA is hiring and training full-time commercial pricing experts to assist contracting officers in making determinations of whether an item meets the definition of commercial item.

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Recent Government Contract Compliance Updates (cont’d)

New Executive Compensation Regulations Blended Rate Calculations > Director, Defense Pricing has deemed contractor’s use of the “blended

rate” approach a practical and cost efficient way to address the FAR Council’s new interim rule on allowable annual compensation costs.

> The blended rate methodology will be calculated on a weighted average composite cap amount based on a contractor’s contract volume prior to and after June 24, 2014 –  Contractors may elect to use this approach or another compliant approach

(e.g., apply the $487k cap to all contracts) –  This approved methodology only applies to DoD contracts and requires an

advance agreement.

> DCAA, however, deems blended rates unacceptable (DCAA CAM 6-414.9), making the advanced agreement an important aspect of this methodology. –  It is unclear if DCAA will update their guidance subsequent to this memo.

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Recent Government Contract Compliance Updates (cont’d)

Contractor Internal Audit Reports GAO Audits DCAA Requests, Use, & Safeguarding of IA Reports > 2013 NDAA required DCAA to revise its audit guidance on:

–  Documenting requests for contractors’ internal audit (IA) reports and; –  Safeguarding the IA reports against unauthorized use.

> According to GAO, DCAA has not revised its guidance sufficiently to define authorized use or prescribe adequate safeguards.

> GAO identified that DCAA used disparate standards and procedures for reporting to DCAA headquarters the number of requests and their disposition.

> GAO recommends that DCAA provide: –  Specific details that should be in requests for IA reports –  Guidelines on documenting how IA reports are specifically tied to audit work –  Definition of authorized use –  Consistent guidelines and controls for reporting information to headquarters

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Recent Government Contract Compliance Updates (cont’d)

DoD Cost-Reimbursements Acquisitions DoD IG Audits DoD Implementation of Revised FAR Rules >  Inspector General (IG) issued an audit report on DoD’s compliance

with revised rules (issued in 2012) for issuing and managing cost-reimbursement contracts. Rules cover five areas: –  Approval level: at least one level above CO –  Justification: justified use of cost-reimbursement contract –  Transition Strategy: documentation of potential of cost-reimbursement

contracts to transition to firm-fixed-price contracts –  Adequate Resources: resources available to management the contract –  Adequate Accounting System: determination of contractor’s system

>  IG found that DoD contracting personnel did not consistently implement the revised rules for 68% of cost-reimbursement acquisitions reviewed.

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Recent Government Contract Compliance Updates (cont’d)

DoD IG Audits Hotline Complaint of DCAA DCAA Did Not Follow GAGAS or Agency Policy > DCAA questions $6.6M in claimed subcontractor costs > Auditor did not obtain sufficient evidence to conclude that subcontract

costs were unsupported > Field audit office applied an arbitrary and unsupported 20% decrement

factor to calculate questioned subcontract costs > Use of decrement inconsistent with DCAA policy

–  DoD IG noted that other DCAA auditors could be using the decrement inappropriately at other field audit offices

Additional Errors Noted on DCAA Form-1 > Errors resulted in DCAA disallowing incorrect amounts on contractor

billings –  Could have led the contracting officer to make an inappropriate final

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Baker Tilly refers to Baker Tilly Virchow Krause, LLP, an independently owned and managed member of Baker Tilly International.

Tom Tagle Partner Baker Tilly Government Contractor Advisory Services (703) 923-8312 [email protected]

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Questions?