White Papers

Total Time Accounting in the Govcon Environment (Uncompensated Overtime for FLSA Exempt Employees)

A Whitepaper by John C. Shire, CPA, Director, Redstone GCI & Asa Gilliland, President & Director, Redstone Government Consulting

Based on DCAA’s track record of disregarding its own guidance on what are acceptable accounting methods for contractors incurring potentially significant amounts of uncompensated overtime, DCAA is very likely to see the risk sufficient to report what they see as a non-compliance as a significant deficiency and therefore recommend system disapproval and the implementation of a withhold. Read More

Cost Accounting for Software Related Costs To Be Sold, Leased, or Marketed

A Whitepaper by John C. Shire, CPA, Director, Redstone GCI

Does Federal Acquisition Regulations (FAR) or Cost Accounting Standards (CAS) provide specific requirements when it comes to accounting for costs related to software to be sold, leased, or marketed in the future? The simple answer is “no”, however, a review of FAR Part 31 certainly supports that the cost is allowable and allocable to both individual contracts and as a benefit to more than one contract, based on the nature of the software related effort, provided the cost is reasonable. For the purposes of this whitepaper, we are going to assume the cost is reasonable in both nature and amount based on the prudent person in the conduct of competitive business test in FAR 31.201-3, determining reasonableness. Read More

Novation Agreements – Prime U.S. Government Contracts Whitepaper

A Whitepaper by John C. Shire, CPA, Director, Redstone GCI & Jerome S. Gabig, Attorney, Wilmer & Lee

Although technically 41 USC § 6305 prohibits the transfer of Government contracts from one contractor to another, there are times when the Government realizes it is in its best interest to waive this rule—in a document called a novation agreement. If you want the Government to recognize your transfer, you need to design and execute an agreement that protects the Government while ensuring all parties assume (or waive) rights and obligations where necessary, including those situations where subcontracts are involved. Additionally, finding the Contracting Officer is another key step in the process of executing a novation agreement, especially where contracts are large enough to be administered by DCMA. Lastly, you must ensure that risks are averted in the transfer process, the required documentation is submitted, and the format meets FAR requirements before the Government finally gives its final approval. Read More

Planning vs. Organization Costs

A White paper by John C. Shire, CPA, Director

Where does allowable planning end and unallowable organization begin? Two FAR clauses are at odds with each other in terms of merger/acquisition activities being allowable. Contractors need to understand where their planning activities cross the line from allowable, generalized consideration of an opportunity, to unallowable, where specific actions are taken to plan for a specific opportunity. Documenting decision-making, clarifying employee activity, and noting the point at which the organization’s decisions move from a generalized consideration to a specific opportunity plan will help avoid having salaries and employee efforts ruled unallowable by the Government. Read More

What Are The Prime Contractor’s Risks Related to Subcontracts

A White paper by Asa Gilliland President & Director &
Robert L. Eldridge, CPA, Director

Due to several factors, including the desire to reduce the work for DCAA auditors, the federal government has put subcontractor audit responsibility on prime contractors. Although not specifically assigned to prime contractors in the regulation, it is assumed their responsibility. Learn why it is important for prime contractors to have guidance to monitor subcontractor awards and handle contract closeouts and audits. Read More

The Audit World’s Biggest Myths

A White paper by Wayne Murdock, CPA

It is important to remember that DCAA’s primary goal is to ensure the government gets a fair price for products and services, so the auditor is not visiting your location for your benefit. By knowing this, you can, however, be prepared when dealing with auditors. See why researching and educating your auditing staff can make a DCAA audit a successful experience. Read More

Government Contracting and Uncompensated Overtime

A White paper by Wayne Murdock, CPA
Although hourly employees are protected under FLSA (Fair Labor Standards Act), salaried employees do not enjoy the same protection. With the 2015 revision of FAR 52.237-10, all uncompensated overtime must be accounted for. DCAA and auditors are most concerned about this overtime as a requirement for an adequate accounting system. Although the CAM (Contract Audit Manual) offers plenty of guidance, it is up to contractors to fully understand and implement the accepted methods to prevent DCAA rejection. Read More

DCAA Rejection of Incurred Cost Proposals

A White paper by Michael Steen, Senior Advisor

Under FAR 52.216-7 Allowable Cost and Payment Clause, DCAA policies are vague, and even nonexistent, in some sections. Before submitting a proposal to DCAA, government contractors must ensure their incurred cost proposals (ICPs) are adequate. Read More

Commercial Item Determination

A White paper by Robert L. Eldridge, CPA, Director

Due to an increase in the rejection of contractors’ commercial item justifications, even for those that had previously been approved, it is essential that DoD contractors identify the risks and costs involved to prevent DCAA rejection. Read More

Limitation of Funds Clause Equals No Cost Recovery

A White paper by the Redstone Team

When negotiating a DoD contract, it is crucial to fully comprehend the Limitations of Funds clause to avoid later settlement agreement negotiations, which can lead to unrecoverable costs. This Armed Services Board of Contract Appeals (“ASBCA”) case spells out clearly what can happen. Read More

DFARS Business Systems White paper

A white paper by Michael Steen, Senior Advisor & Robert L. Eldridge, CPA, Director

The proposed DFARS amendments related to case 2012-D042 shed light on some of the inefficiencies surrounding the DCAA auditing concerns, both in the burden shift to contractors and the financial burden of juggling both internal audits and external independent CPA audits. When combined with increased DCAA oversight, government contractors could experience oppressive auditing requirements. Read More