Redstone Government Consulting Blog (30)

In my years as a CPA and consultant I’ve worked with many small businesses that have asked for input on what they need to be doing to get more reliable financial data. Usually, it’s business owners looking for ways to be able to make important decisions faster, but lately it’s often companies new to government contracting that are trying to figure out what they need to be doing to keep clear of problems with DCAA. In either scenario, one of my first suggestions is a formal monthly close process. When I say “formal”, that doesn’t mean that it has to be cumbersome and complicated. If the business financials are relatively simple, then that close process can also be fairly simple and still be effective. But it needs to be structured, with a specific checklist in place as to the procedures that are to be performed, the order in which they are to be done, who is responsible for each task, and target deadlines for each. That recommendation then raises the next question – what do you mean by “close”?

Redstone GCI has been pleased to be a part of the Early Adopter testing program for Costpoint version 8.1. There have been numerous changes and improvements within the system in all modules, but we would like to highlight the below areas that our consultants found most useful.

The focus of fraud used to be primarily on defense contractors, health care providers and health care suppliers. However, other companies are now being exposed to the Federal Claims Act (FCA) including software companies, private equity financiers, insurance companies, and educational institutions. Additionally, fraud is not just related to companies receiving the funds.

In January of this year (2021), we told you that the United States Department of Labor (DOL) under the Trump administration announced a final rule clarifying the standard for whether a worker is an employee or an independent contractor under the Fair Labor Standards Act (FLSA). This rule reaffirmed the “economic reality” test as the primary factor for determining employee status. The final rule was published in the Federal Register on January 7, 2021 and the Rule was set to have an effective date of March 8, 2021.

If having unbilled receivables is a new concept based on your experience with other software systems, you may find it a relief that having an unbilled balance is not necessarily bad or wrong. Unbilled Receivables is the offsetting account for billing and revenue postings in Deltek Costpoint. When a billing is posted, the Billed Receivables account is debited, and Unbilled Receivables account is credited. For the revenue posting, the Unbilled Receivables account is debited and Revenue account credited. Hence, if the billing and revenue posting amounts are the same, the offsetting Unbilled Receivables account will be zero. That sounds great, however, there may be situations where billing and revenue do not or should not match, which then creates a balance in the Unbilled Receivables account. So, when is it okay to see an Unbilled Receivables balance?

Overview:

• EEOC launches new landing page that is a one-stop-shop for information regarding sexual orientation and gender identity workplace rights.
• The White House seeks to continue providing remote work opportunities for federal employees.
• The DOL makes plans to update the DBA and Related Acts Regulations.
• EEO-1 data collection is now open and due July 19^th.
• US Supreme Court upholds the Affordable Care Act in California v. Texas.
• Juneteenth is now a federal holiday.

Have questions regarding what travel costs are allowable? Do you think the travel regulations say you can never have first-class airfare reimbursed? Or do you think the regulation says you are restricted to a compact rental car? For the answer to these questions and more, check out our video on travel regulations and myths!

What is SAM.gov?

SAM.gov is the System for Award Management (SAM) in which businesses must register to contract with the US Government and for non-profits to receive grants. The registration is valid for one year and must be renewed annually. It is recommended to renew 45-60 days prior to expiration.

Recent Northrop Appeal

Northrop attempted to open up a dialog with Government as to the allowability of litigation settlement costs it planned to include in its 2019-2023 Sector Home Office Allocation Submission. Of course, Northrop believed the cost was allowable, and the Corporate Administrative Contracting Officer (CACO) believed the costs to be unallowable.

The Finding of Concern –

While the decision in the case (ASBCA, 21-1 BCA ¶37,823 Hollymatic Corporation, Armed Services Board of Contract Appeals, (Mar. 22, 2021)) did not specifically rest on this finding; the board stated:

“Our reading of the solicitation is also supported by the fact this was a commercial acquisition pursuant to FAR Part 12 and the definition of a commercial item (product) in FAR 2.101, paragraph 1, requires the item to have been “sold, leased, or licensed to the general public; or has been offered for sale, lease, or license to the general public” (i.e., to presently exist in the market) (finding 2)”

A selective review and reference to this case by DCAA or DCMA could lead to the impression that for a product (i.e., item) to meet the FAR 2.101 definition of a commercial item the product must be completely developed and currently offered for sale in the commercial marketplace.