Trick or Treat: Are Your Checklists Complete?

We’re almost through October and 2019 will be here before we know it. This is a great time to review your company’s year-end and new year checklists for compliance. Want to be sure those frightful DOL ghosts and OFCCP goblins don’t come after you?   Keep these checklist items in mind:

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Topics: Human Resources, DCAA Audit Support, Small Business Compliance

Applicability of DFARS Business System Rules to Small Businesses

We have recently had to deal with issues related to DCAA applying DFARS business system rules in DFARS 252.242-7006 Accounting System Administration in its evaluation of small business client accounting systems. The DFARS business system rules were never intended to be applied to small businesses. Further, the limited resources of a small business make it very difficult for a small business to fully comply with all 18 of the specific criteria contained in the business system rules. DFARS 252.242-7005 regarding the applicability of the business system rules states:

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Topics: Business Systems Review, Small Business Compliance

Clarifying Costs: Bid & Proposal and Independent Research & Development

RCGI- Clarifying Costs-Bid & Proposal and Independent Research & Development

Quite often, in practice, we see contractors classifying too much cost as IR&D or more commonly, B&P expense.  In a proposal setting, experts from across your company support the development of a compliant proposal.  The question we see frequently is: “Who should be charging to B&P Projects?”  While a business may want to capture the total cost of a proposal effort, including administrative support from G&A staff, it is not wise to have these personnel charge to a B&P project where their labor will absorb overhead. 

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Topics: Compliant Accounting Infrastructure, Contracts Administration, Human Resources, Small Business Compliance

Organizational Conflicts of Interest (OCI) for Government Contractors

Organizational Conflicts of interest have increasingly gained attention from the Government and Government contractors.  Organizational Conflicts of Interest (OCI) are discussed in the Federal Acquisition Regulation (FAR) subpart 9.5.  OCI rules are meant to prevent conflicting roles or unfair competitive advantage in government contracting.  Assessment of OCI is very fact specific, and mitigations should be sculpted to fit your contracts and situation. 

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Topics: Contracts Administration, Compliant Accounting Infrastructure, Small Business Compliance

Employee Stock Ownership Plans, Cost Allowability and DCAA Audit Risks (Part II)

We have received a number of inquiries from clients related to cost allowability for Employee Stock Ownership Plans (ESOPs). In this Part II, we focus on the cost allowability rules and regulations for government contractors (Part I provided a more general description of ESOPs).

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Topics: Compliant Accounting Infrastructure, Small Business Compliance, Human Resources

Employee Stock Ownership Plans (ESOP) and Government Contracting (Part I)

Many small and medium sized companies wonder if having an Employee Stock Ownership Plan (ESOP) is right for their company’s compensation and ownership structure.  Studies show that employee-owned companies benefit from higher worker productivity and certain tax advantages which ultimately result in improved cash flow.  These and other potential advantages could apply to government contractors; however, if you are considering implementing an ESOP, consider engaging someone (or an entity) familiar with ESOPs, as well as someone familiar with the cost allowability (regulations) and DCAA interpretations.

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Topics: Compliant Accounting Infrastructure, Small Business Compliance, Human Resources

Seminar, Government Employees and Gratuities

As we (Redstone Government Consulting, Inc.) began to plan our September 21, 2017 Redstone Edge, we sought out speakers and potential attendees from government agencies, including those from DCAA (Defense Contract Audit Agency) and DCMA (Defense Contract Management Agency). In both cases, their potential speakers had a list of questions which seemed to be unnecessary, but related to OGE (Office of Government Ethics) regulations and interpretations, to identify and otherwise prohibit anything which might be an illegal (or at least unethical) gratuity. Although we might not be a “government contractor”, for those who are, there is another regulation in play; FAR 52.203-3 prohibits government contractors from offering gratuities to government employees.

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Topics: Compliant Accounting Infrastructure, Contracts Administration, Small Business Compliance, DCAA Audit Support, Redstone GCI, Cost and Pricing and Budgeting

Training Costs on Government Contracts

Companies that incur significant costs for training and education of their workforce should have formal policies and procedures in place to ensure reimbursement on their government contracts and subcontracts.  As with all types of costs, there are three major components to consider: allowability, allocability and reasonableness.

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Topics: Contracts Administration, Compliant Accounting Infrastructure, Small Business Compliance, DCAA Audit Support, Human Resources

Possible Recoveries from a WD (Wage Determination) Increase/Decrease

Wage Determination Fact Finding

In ASBCA Case No. 61040, 61101, Sonoran Technology appeals their claim for an equitable adjustment due to an increase in the Service Contract Act Wage Determination after contract award.  The solicitation that controlled this contract award included a SCA wage determination and a Collective Bargaining Agreement (CBA). The bidders were required to use the current SCA wage determination (at the time of the bid) in the formulation of their proposals submitted to the Government.  For future increases in SCA wages and/or benefits, the FAR and the contract have provisions/clauses which cover a contract price change for a wage determination for a multi-year contract.  The issue here whether a new wage determination, incorporated into the contract, prompted a responsibility for the government to adjust the contract price to compensate Sonoran for a corollary increase in its state gross receipts taxes.

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Topics: Compliant Accounting Infrastructure, Contracts Administration, Small Business Compliance, DCAA Audit Support, Human Resources

What to Expect from a DCAA Floor Check

The objectives of a timekeeping system are to ensure that labor costs are accurately and timely identified as either direct or indirect in the accounting system.  For certain contract types (e.g. cost-type), these accumulated labor costs are reported and billed to the customer.  It is the contractor’s responsibility to ensure that the labor costs posted in the timekeeping system are proper and reliable. 

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Topics: Compliant Accounting Infrastructure, Contracts Administration, Small Business Compliance, DCAA Audit Support, Human Resources