New Proposed Rule Set to Change the Regulations Governing Time-and-Materials and Labor Hour Contracts by Jason Levine and Spencer Marusco
To better accommodate the authorization to use Time-and-Materials and Labor-Hour contract payment provisions, the Federal Acquisition Regulation (FAR) Council on July 27, 2011 proposed a rule change to amend the FAR. The proposed rule will impact government contractors' administrative and payment responsibilities pertaining to Time and Material (T&M) and Labor-Hour Contracts and will more closely align T&M contracts with cost-reimbursement contracts.
DCAA Increases Audit Efforts Related to of Lobbying Costs by Sajeev Malaveetil, Lentyn Myers and Gary Tsai
As industry professionals are well aware, the Defense Contract Audit Agency (DCAA) audit focus can often change as the agency's guidance is updated or as a result of changes to regulations. Years after an audit alert on lobbying costs was issued in 2008, the DCAA recently issued new audit guidance, which has resulted in an increased rigor in the auditing of lobbying costs. As a result, contractors are increasingly becoming subject to greater scrutiny related to their lobbying efforts – specifically efforts related to legislative earmarks.
Contractor Business Systems: Generally Speaking, From a Control Perspective, the Environment Matters by Mike Mellor, Sajeev Malaveetil and Kelly Lynch
This article is the first in a series focused on the increasing oversight and scrutiny of Government contractors' business systems. On May 18, 2011, the Department of Defense issued an interim rule amending the Defense Acquisition Regulation Supplement (DFARS) to address contractor business systems. The particular focus of this article is to discuss the importance of the general control environment, which in addition to being a critical criteria in an acceptable Accounting System, can impact other Government audits.
Agency Spotlight: Commission on Wartime Contracting by Bryant Le
The Commission on Wartime Contracting's authorizing statute ceased at the end of September 2011. This article highlights the agency's formational purpose and the key findings and recommendations as provided in the agency's final report issued to Congress in August 2011.
Regulatory Updates:
Proposed T&M and Labor-Hour Provisions Rule | Uniform Suspension and Debarment Requirement | TINA Interest Calculation, Contract Closeout | Only One Offer | Increase the Use of Fixed Price Incentive (Firm Target) Contracts | CAS Exemption Removed