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The Defense Contract Audit Agency (“DCAA”) recently made public its Fiscal Year (FY) 2018 Report to Congress (“Report”), which, among other things, provides an update on its incurred cost audits and highlights DCAA’s industry outreach activities.  Although the Report touts DCAA’s elimination of the incurred cost audit backlog, DCAA acknowledges that there still is a backlog of 152 years, the majority of which is due to reasons purportedly beyond DCAA’s control, and that is not yet in compliance with the NDAA 2018 requirements to complete incurred cost audits within 12 months of receiving a contractor’s adequate proposal.  To “eliminate” the backlog, DCAA “closed 8,482 incurred cost years with a total dollar value of $392.2 billion” using a variety of methods, including reports and memos – the latter of which account for more than half of the years closed.  Other reported methods for closing out audits included that the contractor went out of business or did not have any flexibly- priced contracts.

Additionally, according to DCAA, it:

  • Sustained audit exceptions for incurred costs 24.1% of the time, which is down from 28.6% in FY 2017 (and is calculated only “based on contracting officer negotiation decisions,” i.e., it does not include successful contractor appeals or settlements following a Contracting Officer’s Final Decision);
  • Calculated the time to complete an incurred cost audit at 125 days, which is down from 143 days in FY 2017 (although this calculation is “measured from the date of the entrance conference to report issuance” and, thus, does not account for when the contractor actually submitted its incurred cost proposal to DCAA);
  • Will continue to “dedicate the audit resources necessary to meeting the NDAA requirements in FY 2019”; and
  • “With the backlog behind [it], will be returning to a more balanced mix of audits across [its] whole portfolio, including business systems, Truth in Negotiations, Cost Accounting standards, pre-award surveys, claims, and terminations.”

The Report also summarizes its outreach actions toward industry, including its engagement with the Section 809 Panel.  In this respect, the Report references the Professional Practice Guide (PPG), which was included in Part III of the Panel’s Report, as previously discussed here.  According to DCAA, the PPG “will provide consistency in the way DCAA and Independent Professional Accounting Firms [(“IPA”)] consider risk and materiality.”  Indeed, the Report indicates that DCAA plans “to use the PPG to meet Congressional requirements to establish, codify, and implement these new materiality thresholds” and that the PPG also “will be important to IPAs when they perform select incurred cost audits for contractors previously audited by DCAA.”

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Photo of Nicole Owren-Wiest Nicole Owren-Wiest

Nicole Owren-Wiest is a partner and member of the Steering Committee of Crowell & Moring’s Government Contracts Group in the firm’s Washington, D.C. office. Nicole is nationally ranked by Chambers USA in Government Contracts and a recognized leader in two of the most…

Nicole Owren-Wiest is a partner and member of the Steering Committee of Crowell & Moring’s Government Contracts Group in the firm’s Washington, D.C. office. Nicole is nationally ranked by Chambers USA in Government Contracts and a recognized leader in two of the most complex areas in government contracting: accounting, cost, and pricing, and intellectual property/data rights. With over 20 years’ experience, Nicole has a broad counseling and dispute-resolution practice and leads the Group’s cost accounting practice, which focuses on helping clients navigate the government’s complex cost and pricing rules, including the FAR Part 31 cost principles, the Cost Accounting Standards (CAS), and Truth in Negotiations Act/Truthful Cost or Pricing Data (defective pricing).

Photo of Steve McBrady Steve McBrady

Steve McBrady is a partner and co-chair of Crowell & Moring’s Government Contracts Group. He also serves as a member of the firm’s Finance and Strategic Growth Committees, where he has played a leading role in expanding client service offerings throughout the U.S.…

Steve McBrady is a partner and co-chair of Crowell & Moring’s Government Contracts Group. He also serves as a member of the firm’s Finance and Strategic Growth Committees, where he has played a leading role in expanding client service offerings throughout the U.S., Europe, Asia, and the Middle East.

In recent years, Steve has received the National Law Journal’s “Winning Litigator” award as a lawyer who has “tackled some of the most widely watched cases of the year,” as well as the “D.C. Trailblazer” award, recognizing lawyers who have “made significant marks on the practice.” In 2018, he was named “Government Contracts MVP” by Law360.

Photo of Catherine Shames Catherine Shames

Catherine O. Shames is an associate in the Washington, D.C. office of Crowell & Moring, where she is a member of the firm’s Government Contracts Group.

Catherine’s government contracts practice focuses on contract claims/disputes under the Contract Disputes Act (CDA), prime-sub disputes, transactional…

Catherine O. Shames is an associate in the Washington, D.C. office of Crowell & Moring, where she is a member of the firm’s Government Contracts Group.

Catherine’s government contracts practice focuses on contract claims/disputes under the Contract Disputes Act (CDA), prime-sub disputes, transactional due diligence, internal investigations, and disclosures under the Mandatory Disclosure Rule. She also assists contractors with cost allowability issues and responding to DCAA audits.