DRAFT Cost Proposals and DCAA Preaward Surveys

DRAFT Cost Proposals and DCAA Preaward Surveys

DRAFT DEFENSE CONTRACT AUDIT AGENCY OBJECTIVE To discuss Cost Proposal requirements and Preaward policies contained in FAR/DFARS and explain DCAA’s role in each.

DRAFT DEFENSE CONTRACT AUDIT AGENCY AGENDA Basics about Defense Contract Audit Agency Preaward Survey Policies – FAR/DFAR Financial Condition / Capability Preaward Accounting Systems

DRAFT Department of Defense (DoD) Organization Secretary of Defense Deputy Sec of Defense Depar tment of Army Depar tment of Navy Depar tment of Air Force Under Secret ary (A T & L) Under Secret ary (Comp troller) Proc ure men Proc ure men Proc ure men DC MA DC AA IG

DRAFT DEFENSE CONTRACT AUDIT AGENCY Established in 1965 Separate Agency of the DoD Reports to DoD Comptroller Provides Services to All DoD Components Provides All Contract Audits for DoD Provides Accounting and Financial Advisory Services for DoD and Non-DoD customers Over 320 Field Audit and Sub Offices worldwide

DRAFT DCAA ORGANIZATION Director Deputy Director Executive Officer Assistant Director Operations Audit Liaison Division (OAL) General Counsel Defense Legal Service Assistant Director Policy & Plans Regional Offices (5) Director Deputy Director Assistant Director Resources Five Regions Supervise Following Offices: Total Resident Offices 18 Branch Offices 52 Suboffices (Off-site) 220 290 Regional Offices (5): Central, Eastern, Mid-Atlantic, Northeastern, and Western

DRAFT DCAA FLAs vs. Auditors FLA On-Site with Customer Available for immediate Field Auditor advice on cost/pricing data and audit/financial issues Facilitate audits/services On-Site at contractor location Has access to contractor’s books and records (original source documents – not copies) Performs audits/engagements Issues DCAA reports Gives opinions

DRAFT DCAA Services DCAA performs more than 80 different types of audit services

DRAFT DCAA Services Preaward Review Types Price Proposals Fixed Price 650K (DFARS 215.404-2) Cost Type 10M (DFARS 215.404-2) Accounting System Financial Condition/Capability Primarily PCO Requested

DRAFT

FAR 15.402 Pricing Policy DRAFT FAR 15.402 - Pricing Policy states: “Contracting Officers shall -(a) Purchase supplies and services from responsible sources at fair and reasonable prices.” Responsible Sources – FAR 9.1 Fair and Reasonable Prices – FAR 15.402

DRAFT FAR 9.103 Responsible Contractors FAR 9.103 – Responsible Contractors states: “Purchases shall be made from, and contracts shall be awarded to, responsible prospective contractors only.”

FAR and DFARS Key References DRAFT 9.104 Responsibility Standards – 9.104-1 General Standards – 209.104-1 General Standards – 9.104-3 Application of Standards – 9.104-4 Subcontractor Responsibility 9.105 Obtaining Information 232.072 Financial Responsibility of Contractors 242.7501 Accounting System and Controls

FAR 9.104-1 General Standards DRAFT FAR 9.104-1 – “Prospective Contractor must:” a) b) c) d) e) Have adequate financial resources comply with required delivery/performance schedule Have a satisfactory performance record Have satisfactory record of integrity/business ethics Have the necessary organization, experience, accounting and operational controls, and technical skills f) Have the necessary equipment g) Be qualified and eligible to receive an award

DRAFT DFARS 209.104-1 / 242.7501 General Standards DFARS 209.104-1(e) & 242.7501 – Applicable to: – – Cost-Reimbursement or Incentive type contracts Contracts billed using progress payments “ prospective contractor’s accounting system and related internal controls must provide reasonable assurance that— (i) Applicable laws and regulations are complied with; (ii) The accounting system and cost data are reliable; (iii) Risk of misallocations and mischarges are minimized; and (iv) Contract allocations and charges are consistent with invoice procedures.” (ie, billed the same way as accounted for)

DRAFT FAR 9.104-3 Applying the Standards FAR 9.104-3 – Application of Standards a) Ability to obtain resources – includes financial resources, accounting controls, technical skills, and equipment b) Satisfactory performance record c) “Affiliated concerns” (ie, related parties) d) Small business concerns 1) If found non-responsible, may be referred to SBA to obtain a Certificate of Competency (COC) 2) May be found non-responsible if unable to comply with subcontracting limitations in FAR 52.219-14 (ie, 50% rule)

FAR 9.104-4 Subcontractors DRAFT FAR 9.104-4 – Subcontractor Responsibility a) Generally, prime contractor determines subcontractor responsibility and may be required to show evidence of responsibility b) Gov’t may directly determine subcontractor responsibility: 1) When contract involves medical supplies 2) When contract involves urgent requirements 3) Substantial subcontracting is proposed

DRAFT FAR 9.105 Obtaining Information FAR 9.105-1(b)(1) – Obtaining Information “Generally, the contracting officer shall obtain information regarding the responsibility of prospective contractors, including requesting preaward surveys when necessary, promptly after a bid opening or receipt of offers. However, in negotiated contracting, especially when research and development is involved, the contracting officer may obtain this information before issuing the request for proposals.”

DRAFT FAR 9.105 Obtaining Information FAR 9.105-1(b)(2)(ii) – Obtaining Information “ the contracting officer shall obtain from the auditor any information required concerning prospective contractors' financial competence and credit needs, the adequacy of their accounting systems, and these systems' suitability for use in administering the proposed type of contract .”

DRAFT FAR 19.6 & 19.8 Small Businesses & 8(a) Small Businesses are exempt from the 19 Cost Accounting Standards (CAS) per 48 CFR 99 However, small businesses are not exempt from: –Accounting for their costs on cost-type contracts –Maintaining adequate financial resources to perform PCOs should still request Preaward Survey If small business does not meet FAR Part 9.1, they may apply for SBA Certificate of Competency (COC) –FAR 19.601 and 19.809

DRAFT FAR 1.102-4(e) Role of the Acquisition Team (FAR Part 1.102-4(e)) “.If a policy or procedure, or a particular strategy or practice, is in the best interest of the Government & is not specifically addressed in the FAR, nor prohibited the Team should not assume it is prohibited. Rather, absence of direction should be interpreted as permitting the Team to innovate & use sound business judgment that is otherwise consistent with law & within the limits of their authority.”

DCAA Services Preaward Surveys DRAFT Financial Capability reviews (DCAA code 17600) Accounting System reviews (DCAA code 17740) Customer can request these reviews BEFORE obtaining proposals from the contractors

DRAFT DCAA Services Preaward Surveys – BEST PRACTICE Suggested sequence of steps during source selection: Prospective offerors who intend to bid indicate readiness for DCAA Accounting System and Financial Condition reviews 2-3 months prior to the date proposals will be due: DCAA/Contractor/PCO works to resolve findings Offerors subsequently submit proposals Customer evaluates price/cost & documents Ktr responsibility

DRAFT DCAA Services Financial Condition/Capability Financial Condition Risk Assessment – focuses on current condition based on existing financial data, past trends, ratios – Performed annually Financial Capability Audit – focuses on contractor’s future capabilities to perform contracts based on projected business, future cash flows, lines of credit to sustain them, etc – Performed if Financial Condition Risk Assessment reveals problems

DETAILED RISK ASSESSMENT AND AUDIT SUMMARY DRAFT OF POTENTIAL CONSIDERATIONS FINANCIAL CONDITION FINANCIAL CAPABILITY Historical data which represents a snapshot at a point in time. Prospective data based on current and near term. PAST FUTURE Company Trends & Ratios Internal Controls Other Loans & LOC (used/available, interest rate, covenant violations) /P & ng A i g A Key Mgt Turnover & Retention Bonuses 10 K/!0Q or Tax Returns ranc e Insu Fun di n g Ade q u ate NO AUDIT OPINION ion FINANCIAL CONDITION RISK ASSESSMENT ONLY Unusual Agreements (IRS /Vendor) er n on c Pe n s C oi ng 9G 5 SAS A/R FAS 95 "Cash Flow" FINANCIAL CAPABILITY AUDIT AUDIT OPINION based both on Risk Assessment and Audit Procedures

DRAFT RFP Items to Request Financial Condition At a minimum RFP should request offerors: Identify significant related parties / extent of parent control – Request financial data for Parent co. if they control cash/credit – Suggest corporate guarantee when Parent controls cash/credit to Five (3-5) years of financial statements to include Three – Audited, Reviewed, Compiled or Certified Financial Stmts – Balance sheet, Income Statement, and Cash Flow Statement – Notes / disclosures to financial stmts; explain unusual items Latest interim YTD financial statements for current period Credit Line and Significant Loan Information – including current amount available, date when it becomes due

DRAFT Key Financial Condition Steps Compute several Key Financial Ratios Benchmark Key Financial Ratios to Industry Evaluate Trends over a 3 year period Go Beyond Metrics & evaluate stress points: – Unpaid Payroll Taxes – Pension Funding – Inadequate Insurance – Note and Disclosures with regards to: Internal Control Issues Related Party Interests, Organizational Changes, etc Going concern issues, disputes, claims, litigation

DRAFT 8 Key Financial Ratios Ratio Formula Current Ratio Current Assets / Current Liabilities Acid Test (Quick Ratio) Liquid Assets / Current Liabilities Return on Investment Debt to Equity X1 (Per Altman Model) Net Income / Total Assets Total Debt / Stockholder’s Equity Working Capital / Total Assets Cash Flow to Debt Cash Flow / Total Debt Cash Flow to Sales Cash from Operations / Sales Debt Coverage Total Debt / Cash from Operations

DRAFT Benchmarking Key Ratios We use a market survey service called Compustat Industry codes based on NAICS or SIC For example, single family housing falls under: NAICS Code SIC Code Industry Description 236115 1531 General Contractors New Single Family Housing Construction (except Operative Builders) 236117 1531 Operative Builders New Housing Operative Builders 236118 1531 Remodeling Contractors Residential Remodelers 236220 1531 Barrack & Dorm Construction Commercial and Institutional Building Construction

DRAFT Key Financial Capability Steps Evaluate near term Cash Flows – Budgets, forecasts, projections, workload volume Evaluate near term Sources & Uses – A/P & A/R Agings – Loans & Lines of Credit – debt schedules – New contracts or backlog – Acquisitions planned – Off balance sheet activities – Other Significant Sources or Obligations

DCAA Services - DRAFT Preaward Accounting System (17740) Financial Accounting System is NOT the same thing as Cost Accounting System Financial Accounting (eg, a P&L statement) will only report total amounts incurred for each cost element (labor, materials, etc) at company wide level Cost Accounting System distributes and allocates those costs among specific contracts, jobs or other cost objectives in causal/beneficial relationships –Labor costs, for example, must be based on timekeeping system with hours recorded to each job, payroll cost attributed to the hours, etc

DCAA Services - DRAFT Preaward Accounting System (17740) FAR 9.104-1(f), DFARS 209.104-1(e) and 232.072 Audit is recommended for flexibly priced prime contracts (eg, CPFF, T&M, LH, etc) Preaward Accounting System Audit and SF1408 focuses on contractor’s ability to: – allocate costs among contracts and CLINs in logical manner – exclude unallowable costs – record employee labor hours by contract – segregate direct and indirect costs – provide timely, accurate cost accounting data to support billings – provide accurate data to support incurred cost claim by contract

DRAFT Best Practices Preaward Reviews Request Electronic Data in the RFP Request Accounting System and Financial Capability Reviews before proposal receipt Have offeror identify location of accounting records for parent / subsidiary company

DRAFT What is a cost proposal or submission? A BREAKDOWN OF COST BY COST ELEMENT REPRESENTING COSTS THAT WERE ALREADY INCURRED (SUBMISSION) OR ARE ESTIMATED TO BE INCURRED IN THE FUTURE (PROPOSAL)

DRAFT GENERAL INFORMATION ADEQUATE COST PROPOSALS By submitting cost proposals you grant the contracting officer the right to examine records that formed the basis for the pricing proposal The examination can take place any time before award The examination may include books, records, documents, electronic files & other types of factual information that will permit adequate proposal evaluation

DRAFT Typical Problems found in Proposals · · · · · · · Failure to conform to the specifications of the request for proposal Proposal not mathematically correct Unallowable cost included in proposal (far 31.205) Supporting schedules do not tie into summary Lack of coordination between company departments Poor or no index of cost & pricing data Lack of support for SCA or DB wages above wage determination level · · No support for indirect expenses &/or improper allocation bases Inadequate or poor accounting & estimating systems

DRAFT WHAT IS AN ADEQUATE COST PROPOSAL? Completed cover letter Proposal index Identification of cost & pricing data Access to records Materials Priced bill of materials Scrap/material inspection Subcontracts Interorganizational transfers

WHAT IS AN ADEQUATE COST PROPOSAL? DRAFT THE 1st PAGE OF THE PROPOSAL MUST CONTAIN THE FOLLOWING INFO: (1) Solicitation, contract, and/or modification number; (2) Name and address of offeror; (3) Name and telephone number of point of contact; (4) Name of contract administration office (if available); (5) Type of contract action (that is, new contract, change order, price revision/redetermination, letter contract, unpriced order, or other); (6) Proposed cost; profit or fee; and total; (7) Whether you will require the use of Govt property in the performance of the contract, and, if so, what property;

WHAT IS AN ADEQUATE COST PROPOSAL? DRAFT THE 1st PAGE OF THE PROPOSAL MUST CONTAIN THE FOLLOWING INFO: (9) The following statement: This proposal reflects our estimates and/or actual costs as of this date and conforms with the instructions in FAR 15.403-5(b)(1) and Table 15-2. By submitting this proposal, we grant the Contracting Officer and authorized representative(s) the right to examine, at any time before award, those records, which include books, documents, accounting procedures and practices, and other data, regardless of type and form or whether such supporting information is specifically referenced or included in the proposal as the basis for pricing, that will permit an adequate evaluation of the proposed price. (10) Date of submission; and (11) Name, title and signature of authorized representative.

DRAFT WHAT IS AN ADEQUATE COST PROPOSAL Direct labor Basis for estimate of labor hrs (actual/engr est) Basis for labor rates escalation factors (if proposed) (DRI/BLS) Indirect costs Clear explanation of rate development List of expenses comprising the pool Is the selection of base equitable? Do pool & base costs reflect known facts? Other direct costs

DRAFT WHAT TO EXPECT - DCAA AUDIT PROCESS Auditor will review proposal for adequacy Auditor will establish mutually acceptable date for audit to begin Auditor will conduct entrance conference Auditor will review the proposal using generally accepted government auditing standards (GAGAS) Auditor will conduct exit conference Auditor will issue audit report to the contracting officer Contractor generally must request copy of audit report from the contracting officer

DRAFT Questions? Visit us at www.dcaa.mil