ABA Accounting, Cost & Pricing Committee Agendas (1996 – 2001) AGENDA February 13, 1996 Meeting I. Informational Items A. 1996 DoD Authorization Act signed (TINA and CAS exemption of contracts for commercial items; See §§ 4201, 4205) B. Final Copy of Section Comments on proposed FAR § 31.205-47(f)(8): "Allowability of Bid Preparation Costs" C. Final Copy of Section Comments on FAR Case 92-24: "Employee Stock Ownership Plans" D. Final Copy of Section Comments on FAR Case 93-19: "Contingent Fees" E. Final Copy of Section Comments on EPAAR "Monthly Progress Report" F. Draft of Section Comments on Interim Rule Regarding Impairment of Long- Lived Assets G. DLA Model Advance Agreement on Restructuring Costs H. DCAA Audit Guidance on "Costs Associated with Employee Release Agreements" (November 24, 1995) II. CAS Board Matters A. CAS Board waiver for firm fixed price contracts for commercial items awarded without the submission of cost or pricing data B. Status of Current CAS Board Matters (R. Loeb) 1) Asset Valuations in Business Combinations 2) Changes to Cost Accounting Practice 3) Other C. Special Presentation (Bernie Sacks and Jeff Hildebrant) -- Issues to be raised in response to CAS Board letter seeking comments for Staff Discussion Paper on Accounting for Post-Retirement Benefits III. Regulatory Developments A. FAR Case 93-024; Proposed changes to "Allowable Cost and Payment" clause B. Proposed DFARS § 232.206(f): prompt payment times applicable to advance and interim payments for commercial items C. Miscellaneous Regulatory Changes (Final Rules) 1) FAR Case 92-040; "Purchasing Systems Reviews and Subcontractor Consent 2) FAR Case 92-017; "Overhead Should-Cost Reviews" 3) FAR Case 92-010; "Nonprofit Institutions Clause Prescription" 4) FAR Case 92-604; Nonallowability of Excise Taxes on Nondeductible Contributions to Deferred Compensation Plans" IV. Other Developments A. Informational Copy: Multi-Association Comments re: August 10, 1995 GAO Report on Defense Restructuring Costs B. Aurora Optics, Inc., ASBCA Nos. 48766 and 48830 (Contractor precluded from recovering costs in excess of contract ceiling where overrun was result in difference between billing and final rates) C. Southwest Marine, Inc., DOTBCA No. 1577, 95-2 BCA ¶ 27760 (TINA applicable where multiple related modifications exceed $100,000)
D. Fairchild Industries, Inc. (Fed. Cir. No. 95-5116) (Contractor entitled to research tax credit under contract that placed risk of failure on contractor, even though contract was funded by progress payments) E. Aydin Corp. West, ASBCA No. 42760 (Board remands matter to parties for equitable allocation)
AGENDA March 12, 1996 Meeting I. Informational Items A. Final Copy of Section Comments on FAR Case 95-003; Interim Rule Regarding Impairment of Long-Lived Assets B. Final Copy of Section Comments to CAS Board regarding Accounting for PostRetirement Benefits Costs C. Copy of Final Rule -- CAS Board Promulgation "Treatment of Gains or Losses Subsequent to Mergers or Business Combinations by Government Contractors" D. Copy of Final Rule -- CAS Board Promulgation "CASB DS-1; Disclosure Statement" II. CAS Board Matters A. Discussion of recent CAS Board Final Rules (Assets in Business Combination and DS-1) B. Status of current CAS Board matters 1) Changes to Cost Accounting Practice 2) PRB Costs 3) Other III. Regulatory Developments A. Proposed DFARS § 232.2 and 232.10; "Commercial Purchase Financing" and "Performance-Based Payments" B. 61 Fed Reg 7077; Interim Rule on Allowability of Costs (employee bonus in the event of restructuring) C. Status of development of regulations implementing FARA (DoD Authorization Act) [R. Ryland] IV. Other Developments A. Further legislation for 1996 contemplated -- refinement of TINA B. Informational copies of comments to proposed regulations submitted by other organizations C. Beckman Construction Co., ASBCA No. 48141, 96-1 BCA ¶ _____ (February 14, 1996) (recovery of claim preparation costs after Reflectone and Bill Strong) D. Southwest Marine, Inc., DOT BCA No. 1665, 96-1 BCA ¶ _____ (February 6, 1996) (same) E. DCAA Request for Data regarding "Accounting for Executive Compensation Costs at Contractors that Have Undergone Major Restructuring Since August 1992" F. DCAA Audit Guidance on Reflectone definition of Claim and Allowability of Costs
AGENDA April 9, 1996 Meeting I. Informational Items A. Draft Section Comments on Proposed Rule-making Pursuant to FARA (TINA and CAS related changes) B. DCAA Audit Guidance issued on (i) audit report qualifications; and (ii) weighted guideline method profit computations in forward pricing proposals C. Final Rules issued on the following: 1) DFARS Case 92-D010; Overhead Should Cost Reviews 2) DFARS Case 95-D019; Offset implementation costs 3) DFARS Case 93-D305; Reduction in Progress Payment Rates 4) DFARS Case 95-D309; Allowability of Contractor Bonuses incident to business combination II. CAS Board Matters A. Status of current CAS Board matters 1) Changes to cost accounting practice 2) PRB costs 3) Selling costs 4) ESOP Interpretation III. Regulatory Developments A. SPECIAL PRESENTATION BY VIC ZUPA-- Allowability of Claim Preparation Costs: the impact of Reflectone, Bill Strong and recent Boards of Contract Appeals Decisions B. Status of new cost principle on travel costs C. Status of DoD Proposal on Executive Compensation D. ITAA FAR 15 Rewrite draft comments E. OMB Issues Revised A-76 Cost Comparison Hand book F. FAR Case 92-613; Clarification of FAR 31.205-1 Advertising costs IV. Other Developments A. Informational copy of CODSIA comments regarding promulgation of CAS 412/413 B. Aydin Corp., West (ASBCA No. 42760; Appellant's Motion for Reconsideration of decision on remand from Federal Circuit -- denied) C. Parsons Corporation letter to Section Chair re: ESOP Comments
AGENDA May 14, 1996 Meeting I. Informational Items
A. GAO Report -- "Defense Contractor Restructuring: First Application of Cost Savings Regulations" B. Final Version Advance Comments regarding Proposed Rule-making Pursuant to FARA relating to Truth-in-Negotiations Act and Cost Accounting Standards C. Excerpt from Regulatory Coordinating Committee Report to the Section Council II. CAS Board Matters A. CODSIA recommendation of five candidates for CAS Board "industry" and "accounting profession" slots B. FAR Case 95-002; Final Rule re: Application of CAS Board Regulations to Educational Institutions; FAC 90-38 C. Status of current CAS Board Matters 1) Changes to cost accounting practice 2) PRB costs 3) Selling/Marketing costs 4) Other III. Regulatory Developments A. Regulations Subject to Potential Comment 1) DFARS Case 96-D309; Interim Rule re: Pricing for Sales of Defense Articles; [Comments due: June 17, 1996] 2) FAR Case 92-613; Proposed Rule re: Contractor Overhead Certification; [Comments due: May 18, 1996] B. Final Rules 1) FAR Case 92-045; Interest Clause Revisions; FAC 90-38 2) FAR Case 94-767; Assignment of Claims -- Presidential Delegation; [FAC 9038] 3) DFARS Case 94-D316; External Restructuring Costs 4) EPAAR; Cost Sharing Contracts; See 61 Fed. Reg. 14504 5) DoE Final Rule re: Allowability of legal fees incurred by M&O contractors;61 Fed. Reg.14763 C. Status of current regulatory actions 1) Travel costs? 2) Environmental clean up costs? 3) Long-lived assets? 4) Executive compensation? IV. Other Developments A. SPECIAL PRESENTATION BY BILL KEEVAN -- Section 808 of the FY 1996 B. Defense Authorization Act: Defense Capability Preservation Agreements -- Special Indirect Cost Reimbursement Rules C. Potential DoD-unique proposed FY 1997 acquisition legislation (may concern recoupment) D. General Dynamics Corp. v. U.S. (D.C. C. D Ca; No. 89-6762) (DIVADS Litigation) E. Other organization comments F. DoD use outside audit services -- Attestation Audits G. GAO Survey of DCAA Defective Pricing and Incurred Cost Audits
AGENDA June 11, 1996 Meeting I. Informational Items A. House legislation proposed would require DoD to conduct study of defense firm mergers and acquisitions B. HR 3444 (Sanders, Vt.) and HR 3433 (Smith, NJ) proposed prohibition on payment of restructuring costs C. HR 3512 (Sanders, Vt.) would make $200,000 cap on compensation permanent; HR 3513 (Sanders, Vt.) would extend cap government-wide 1) May 16, 1996 Sanders letter to President 2) Status of OFPP guidance re: FY 1996 Defense Appropriations Act cap (potential compromise?) D. House Committee Report re: GSA MASC audit rights E. 61 Fed. Reg. 25409; Final Rule -- Direct submission of vouchers to disbursing office
II. CAS Board Matters A. Status of appointment of CAS Board members ("industry" and "accounting profession" slots) B. 1995 Annual Report published; February 29, 1996 Board Meeting Minutes published. C. Revision to OMB Circular A-21 Extends CAS for Educational Institutions to Grants D. Status of current CAS Board Matters 1) Changes to cost accounting practice 2) Post Retirement Benefit Plan costs 3) Allocation of Selling and Marketing costs 4) Employee Stock Option Plan costs III. Regulatory Developments A. 61 Fed. Reg. 21973, Interim Rule amending DFARS 231.205-71 ("Capability Preservation Agreements"); Comments due: July 12, 1996 -- Comments due: June 28, 1996 B. 61 Fed. Reg. 23900; Semi-Annual Regulatory Agenda IV. Other Developments A. Status of DoD IG proposal for use of outside audit services -- Attestation Audits B. P.J. Dick Inc. v. GSA, GSBCA No. 12415 (Costs incurred by contractor to recreate cost or pricing data pursuant to demand by contracting officer are allowable direct costs of contract) C. Informational item: Notes of DoD April 1996 briefing to industry
AGENDA (September 10, 1996 Meeting) I. Informational Items A. FAR Case 93-005; Employee Compensation Costs (revisions to FAR 31.205-6); 61 Fed. Reg. 39217 B. FAR Case 93-010; Legal Proceedings Costs (revision to FAR 31.205-47 making bid protest costs unallowable); 61 Fed. Reg. 41476
C. Final Section Comments re: FAR Case 96-310; CAS Exemption for Commercial Items D. Dept. of Interior Clarification of policy regarding audits of Institutions of higher Education; 61 Fed. Reg. 40525 II. CAS Board Matters A. Interim Rule re: CAS Applicability (commercial item coverage); 61 Fed. Reg. 39360 [Comments due: September 13, 1996] B. Special Presentation: Jim Hinchman -- The Comptroller General's on-going assessment of the CAS Board and its mission C. Status of Appointments D. Status of Other CAS Board Matters 1) Changes to cost accounting practice 2) PRB costs 3) Selling/Marketing costs 4) Other III. Regulatory Developments A. FAR Case 95-017; Final Overhead Settlement (revisions to FAR Parts 4, 42 and 52); 61 Fed. Reg. 39518 [Comments due: September 13, 1996] B. Extension of comment period re: GSAR implementation of FASA TINA items C. DoD Grant and Agreement Regulations [Comments due: October 11, 1996] D. FAR Case 96-306; Exception to Requirement for Certified Cost or Pricing Data; 61 Fed. Reg. 41214 [Comments due: September 23, 1996] E. DoD proposed extension of public information collection requirement [Comments due: September 24, 1996] IV. Other Developments A. Status of Legislation 1) Restructuring Costs 2) Recoupment of non-recurring costs 3) Audit duplication B. Techplan Corp. (ASBCA; above average CEO salary justified by company performance) C. Federal Insurance Co. (IBCA; cost of consultant incurred prior to CDA certification are allowable) D. General Section Guidance re: Preparation of Comments E. Appointment of Liaisons to Book Committee, Public Contract Law Journal and Procurement Lawyer F. Appointment of ABA Internet WEB Page Coordinator
AGENDA October 8, 1996 I. Informational Items A. FY 1997 Cap on Allowable Executive Compensation ($250,000) -- DoD Authorization Act, H.R. 3230, § 809. B. Techplan Corp., ASBCA Nos. 41470, 45387, 45385, 96-2 BCA ¶ 28,426 (reasonableness of executive compensation).
C. Johnson Controls World Services Inc., ASBCA Nos. 46674, 47296, 1996 ASBCA LEXIS 157 (July 26, 1996) (allowability of payments to subcontractor subsequently used to pay interest to IRS). D. Section Comments on CAS Exemption for Commercial Items. II. CAS Board Matters A. Status of Appointments B. Promulgations 1) Staff Discussion Paper, Allocation of Selling and Marketing Costs (comments due November 4, 1996) 2) Staff Discussion Paper, Post-retirement Benefits Other than Pensions (comments due December 6, 1996) 3) NPRM, Changes in Cost Accounting Practices (comments due November 19, 1996) II. Regulatory Developments A. FAR Case 96-312; Certification Requirements (removal of); 61 Fed. Reg. 48354 (comments due October 29, 1996). Public meeting on October 9, 1996 (sign-up deadline October 2, 1996).
AGENDA (November 12, 1996) I. Informational Items A. October 22, 1996 DCAA Audit Guidance: "Procedures for Reviewing $5 Million or Less Annual Dollar Volume ("ADV") Incurred Cost Proposals" B. AICPA Statement of Position 96-1 "Environmental Remediation Liabilities" (copy not supplied) C. DCAA Audit Guidance: Unallowable Employee Compensation D. DCAA Audit Guidance: Contractor Restructuring Cost and Savings Proposals E. Department of Agriculture Acquisition Regulation Final Rule (copy not supplied) F. 61 Fed. Reg. 52998; Withdrawal of proposed FAR rules concerning Contingent Fees (FAR Case 93-019) and Business Meals (FAR Case 93-026) G. 61 Fed. Reg. 55577; Federal Travel Regulation -- Streamlining Reimbursement Claim Review H. Final Section Comments on Proposed Rule Regarding Exception to Requirements for Certified Cost or pricing Data (FAR Case 96-306) II. CAS Board Matters A. Discussion Topics: B. NPRM: Changes in Cost Accounting Practices C. Staff Discussion Paper: Post-Retirement Benefit Plans D. Staff Discussion Paper: Allocation of Selling and Marketing Costs E. Other CAS Board Matters
1) Status of appointments III. Regulatory Developments IV. Other Developments A. DoD position regarding DoD IG call for Full-Time Accounting B. DCAA development of Audit Guidance documents re: (i) EEO settlements; and (ii) employee separation and release agreements C. Comments of CODSIA re: CAS Applicability to Contracts for Commercial Items (Informational only) D. NSIA Comments re: FAR Case 95-020; Costs Related to Legal and Other Proceedings (Informational only)
AGENDA (December 10, 1996) I. Informational Items A. Final Section Comments concerning CAS Board NPRM on "Changes in Cost Accounting Practices" B. Final Section Comments concerning "CAS Board Staff Discussion Paper on "Allocation of Selling and Marketing Costs" II. CAS Board Matters A. Correction to CAS 412 and 413; 61 Fed. Reg. 58011 B. Draft Section Comments concerning CAS Board Staff Discussion Paper on "Treatment of Costs of post-Retirement Benefit Plans" C. Other CAS Board developments
III. Regulatory Developments A. FAR Case 95-032; Proposed FAR "Independent Research and Development/Bid and Proposal Costs (61 Fed. Reg. 58451) [Comments Due: December 30, 1996] B. Proposed revision of OMB Circular No. A-133; "Audits of Institutions of Higher Education and Other Non-Profit Institutions" [Comments due: December 22, 1996] C. FAR Part 15 Rewrite -- Phase I IV. Other Developments
PRELIMINARY AGENDA January 14, 1997 I. Informational Items A. Final Section Comments Concerning CAS Board Staff Discussion Paper on Treatment of Costs of Post-Retirement Benefit Plans B. Final Section Comments on FAR Case 95-032, "Independent Research & Development and Bid & Proposal Costs", 61 Fed. Reg. 58451. C. Final Rule, Inapplicability of Cost Accounting Standards to Contracts and Subcontracts for Commercial Items, 61 Fed. Reg. 67418 (December 20, 1996). D. Final Rule, Clause Flowdown, 61 Fed. Reg. 67425 (December 20, 1996).
E. Final Rule, Allowable Cost & Payment, 61 Fed. Reg. 67418 (December 20, 1996). F. Final Rule, Morale, Health & Welfare Costs/Overhead Certification, 61 Fed. Reg. 67422 (December 20, 1996). G. Final Rule, Computation of Per Diem Allowance for Partial Days, 61 Fed. Reg. 68158 (December 27, 1996). H. Final Rule, Final Indirect Cost Rates, 61 Fed. Reg. 69295 (December 31, 1996). II. CAS Board Matters A. Appointment of Industry Representative B. Other III. Regulatory Developments A. Proposed Revision of OMB Circular No. A-133, "Audits of Institutions of Higher Education and Other Non-Profit Institutions". B. DFARS Case 96-D334, Interim Rule on Restructuring Costs, 61 Fed. Reg. 64635 (December 6, 1996). C. DFARS Case 96-D330, Individual Compensation, 61 Fed. Reg. 65478 (December 13, 1996) [Comments Due: January 28, 1997]. D. FAR Case 95-022, Changes in Contract Administration and Audit Cognizance, 61 Fed. Reg. 65306 (December 11, 1996) [Comments Due: January 21, 1997]. E. FAR Case 96-003, Local Government Lobbying Costs, 61 Fed. Reg. 67424 (December 20, 1996) [Comments Due: February 4, 1997]. F. Revisions to NASA FAR Supplement to Eliminate Non-Statutory Certification Requirements, 61 Fed. Reg. 66643 (December 18, 1996) [Comments Due: February 4, 1997]. G. FAR Case 96-012, Foreign Differential Pay, 61 Fed. Reg. 69294 (December 31, 1996). H. FAR Case 96-010, ADPE Leasing Costs, 61 Fed. Reg. 69287 (December 31, 1996). IV. Other Developments
AGENDA (February 11, 1997 Meeting) I. Informational Items A. DCAA Audit Guidance ("Allowable Compensation Costs at DFARS 231.205- 6(a)(2)"); January 21, 1997. B. Rewrite of NASA FAR Supplement C. Final Section Comments; Independent Research and Development/Bid and Proposal Costs D. DFARS Changes regarding certain certifications; 62 Fed Reg. 2612 E. Letter of non-comment regarding certain regulatory changes II. CAS Board Matters A. CAS Board January 28, 1997 meeting on PRB costs B. Other CAS Board Developments I II. Regulatory Developments
A. Draft Comments on FAR Interim Rule on Compensation Costs B. Section 15 Rewrite -- Status IV. Other Developments A. H.R 236; Unallowability of certain environmental clean up costs B. Memorandum from Pat Wittie regarding Change Order Accounting generally C. DCMC closure of "Reinvention Lab" -- aimed at study of reduction of oversight costs D. Committee Home Page E. Letters from Section Chair, John Kuelbs F. Letter from Alan Chvotkin re: Legislative Coordinating Committee
AGENDA (March 11, 1997 Meeting) I. Informational Items A. Final version of Section Comments re: DFARS Case 96-D330; Individual Compensation B. Draft Section Comments re: FAR Case 96-325; Interim Rule on Compensation of Certain Contractor Personnel C. DCAA Audit Guidance (March 3, 1997); FAR Interim Rule on Compensation Costs II. CAS Board Matters A. CAS Board Developments III. Regulatory Developments A. DFARS Case 96-D024; Interim Rule -- Earned Value Management Systems; COMMENTS DUE: April 21, 1997 B. DFARS Case 96-D011; Interim Rule -- Automatic Data Processing Equipment Leasing Costs; COMMENTS DUE: April 18, 1997 C. Section 15 Rewrite -- Status IV. Other Developments A. ITT Federal Service Corp., ASBCA No. 46146 (Allowability of severance pay) B. Draft OMB legislative proposal re: executive compensation C. DCAA Guidance Re: DCAA role in major system acquisitions when submission of cost/pricing data is waived D. HR 648; Disallowance of all restructuring costs for proposed Boeing/McDonnell Douglas merger. E. Rep. B. Kennelly (D-Conn) letter to DoD re: denying payment for restructuring costs associated with proposed Hughes/Raytheon merger F. Gore initiative: make costs of defending unfair labor practices and costs of influencing union representation votes unallowable G. GAO Report NSIAD-97-48 re: DoD progress in reducing oversight costs
ABA Section of Public Contract Law Accounting, Cost & Pricing Committee AGENDA (May 13, 1997 Meeting) I. Informational Items
A. 62 Fed. Reg. 18631; Cancellation of Standard Forms 1412 and 1412A B. DoD IG Report PO 97-013; "DoD Oversight of Defense Contractor Insurance and Pension Plans" C. GAO Report NSIAD-97-97; "Defense Restructuring Costs -- Information Pertaining to Five business Combinations" D. DCAA Reminder: Audit Reciprocity Covers indirect Cost Audits E. DCAA Audit Guidance on "Implementation of Compensation Caps for incurred Cost Audits imposed by the FY 1995 and 1996 DoD Appropriation Acts" F. 62 Fed. Reg. 14016; Final Rule; Rewrite of NASA FAR Supplement in response to National Performance Review G. 62 Fed. Reg. 12703; Final Rule; FAC 90-46; "Foreign Selling Costs" H. 62 Fed. Reg. 12704; Final Rule; FAC 90-46; "IR & D Costs in Cooperative Agreements" I. 62 Fed. Reg. 12719; Final Rule; FAC 90-46; "Performance-Based Payments" J. 62 Fed. Reg. 12695; Final Rule; FAC 90-46; "Performance Incentives for Fixed- Price Contracts" K. 62 Fed. Reg. 12718; Final Rule; FAC 90-46; "Attorneys' Fees in GAO Protests" L. 62 Fed. Reg. 12718; Final Rule; FAC 90-46; "Contractors' purchasing Systems Reviews" M. 62 Fed. Reg. 12705; Final Rule; FAC 90-46; "Prompt Payment" N. 62 Fed. Reg. 24345; Final Rule; NASA Deletion of Class Deviation from NASA 1831.205-18 II. CAS Board Matters A. CAS Board Developments 1) PRB Costs 2) Other III. Regulatory Developments A. Section 15 Rewrite -- Status B. Status of OMB proposed executive compensation rules C. FAR Case 97-300; "Liquidated Damages" [Comments due: May 27, 1997] D. 62 Fed. Reg. 18151; NASA Notice of Agency Report Forms Under OMB Review [Comments due: May 30, 1997] E. 62 Fed. Reg. 23741; DoD ANPRM re: Progress Payments [Comments due: May 16, 1997] F. 62 Fed. Reg. 24614; CPSC; Proposed amendments to FOIA rules [Comments due: June 23, 1997] IV. Other Developments A. H.R. 925 "Payoffs-for-Layoffs Corporate Welfare Elimination Act of 1997" B. Committee Home Page -- Demonstration (Greg Bingham) C. HHS vs. DoD Accounting for Pension Costs -- Status Report from special Working Group D. Superstaff, Inc., ASBCA Nos. 48062 et al. [Interest on borrowings not recoverable] E. Newport News Shipbuilding & Dry Dock Co., ASBCA nos. 44731 et al. F. Marine & Industrial Support Services, Inc. ASBCA
AGENDA (June 10, 1997 Meeting) I. Informational Items A. Additional procurement Web Sites of interest B. H.R. 1365/S. 612 barring use of "Morris Trusts" in corporate restructuring C. FAR Case on Environmental Cleanup Costs -- closed D. DCAA Audit guidance on uncompensated overtime (April 15, 1997) II. CAS Board Matters A. CAS Board Developments 1) PRB Costs 2) Selling/Marketing Costs III. Regulatory Developments A. Discussion of draft comments to pricing sections of FAR Part 15 Rewrite B. 62 Fed. Reg. 26577; Proposed Revisions to OMB Circulars A-21, A-87, A-102, A-110 and A-122 [Comments due: June 30, 1997] C. 62 Fed. Reg. 25875; DoD FOIA changes [Comments due: June 27, 1997] D. 62 Fed. Reg. 25786; Reform of Affirmative Action [Comments due: June 24, 1997] E. 62 Fed. Reg. 27712; EPA proposed rule on calculation of profit/fee [Comments due: July 7, 1997] IV. Other Developments A. Rockwell Int'l v. Widnall, CAFC No. 96-1265 (Superfund Tax unallowable federal income tax) B. J.S. Alberici Construction Co., ENG BCA No. 6179-R (CDA interest allowed on yet-tobe-incurred claimed costs) C. Lockheed Corp. v. Secretary of the Air Force, CAFC No. 95-1025 (interest paid on unintentional underpayment of taxes is not interest on borrowings) D. McDonnell Aircraft Co., ASBCA No. 45504 (prime contractor duty under TINA to disclose subcontractor's cost or pricing data) E. Hughes Aircraft Co., ASBCA No. 46321 (TINA and offsets) F. GAO review of (i) Restructuring Savings; (ii) Executive Compensation; and (iii) Depot Maintenance
AGENDA August 3, 1997 Meeting I. Informational Items A. Update on Committee Home Page B. Comments on FAR Part 15 Rewrite
C. Final Rule, Audits of States, Local Governments, and NonProfit Organizations, OMB Circular A-133 (effective July 30, 1997), 62 Fed. Reg. 35278 (June 30, 1997) D. Final Rule, DOE M&O Contracts, Reimbursements of Costs for Fines, Penalties, ThirdParty Liability, and Property Loss or Damage (effective August 26, 1997), 62 Fed. Reg. 34842 (June 27, 1997) E. Final Rule, CAS Exemption for Commercial Item Contracts and Subcontracts, 62 Fed. Reg. 31294 (June 6, 1997) F. Final Rule, Allocation of Contractor Restructuring Costs (effective August 15, 1994), 62 Fed. Reg. 31308 (June 6, 1997) G. Final Rule, Federal Travel Regulation (Reimbursement of Higher Actual Subsistence Expenses in Special or Unusual Circumstances) (effective May 1, 1997), 62 Fed. Reg. 30279 (June 3, 1997) II. CAS Board Matters A. Changes in Cost Accounting Practices, Supplemental Notice of Proposed Rulemaking, 62 Fed. Reg. 37654 (July 14, 1997) [Comments due August 29, 1997] B. PRB Costs C. Selling Costs D. Other III. Regulatory Developments Federal Acquisition Regulation; Transfer of Assets Following A Business Combination, 62 Fed. Reg. 35900 (July 2, 1997) [Comments due August 19, 1997] IV. Legislative Developments A. Executive Compensation B. Restructuring Costs V. Other "Share Our Wealth"
AGENDA September 9, 1997 Meeting I. Informational Items A. Section Comments on Distribution of Contract Financing Payments (FAR Case 97D011) B. Section Comments on Government Property (FAR Case 95-013) C. Draft Section Comments, Defense Federal Acquisition Regulation Supplement; Certification of Requests for Equitable Adjustments, 62 Fed. Reg. 37146 (July 11, 1997) D. Final Rule, Defense Federal Acquisition Supplement, Truth in Negotiations and Related Changes [DFARS Case 95-D708]. 62 Fed. Reg. 40471 (July 29, 1997) E. Final Rule, Department of Energy 96 Elimination of Non-statutory Certification Requirements, 62 Fed. Reg. 42072 (August 5, 1997) F. Final Rule, Federal Travel Regulation Correction, 62 Fed. Reg. 42928 (August 11, 1997) G. Final Rule, Federal Acquisition Regulation; Automatic Data Processing Equipment Leasing Costs, 62 Fed. Reg. 44828 (August 22, 1997) H. Final Rule, Federal Acquisition Regulation; Local Government Lobbying Costs, 62 Fed. Reg. 44828 (August 22, 1997)
I. Final Rule, Consumer Product Safety Commission, Procedures for Disclosure of Production of Information under FOIA, 62 Fed. Reg. 46192 (September 2, 1997) J. Comments of CODSIA re: FAR Part 15 Rewrite (copy not provided) K. General Dynamics Corp., ASBCA No. 49339 (Jul. 24, 1997) (government recoupment of state tax refund) L. Ingalls Shipbuilding, Inc. v. Dalton, 1997 U.S. App. LEXIS 118168 (Fed. Cir. July 21, 1997) II. CAS Board Matters A. Draft Comments, Changes in Cost Accounting Practices, Supplemental Notice of Proposed Rulemaking, 62 Fed. Reg. 37654 (July 14, 1997) [Comments due August 2, 1997] B. PRB Costs, Comments of CODSIA re: CAS Staff Discussion Paper on Post Retirement Benefits C. Selling Costs D. Other III. Regulatory Developments A. Federal Acquisition Regulation; Costs Related to Legal/Other Proceedings, 61 Fed. Reg. 31790 (June 20, 1996) B. Federal Open Market Committee, Federal Reserve System; Rules Regarding Availability of Information, 62 Fed. Reg. 45178 (August 26, 1997) [comments due September 11, 1997] C. Revision of Department of Justice Freedom of Information Act and Privacy Act Regulations and Implementation of Electronic Freedom of Information Act Amendments of 1996, 62 Fed. Reg. 45184 (August 26, 1997) [comments due September 11, 1997] D. Defense Federal Acquisition Regulation Supplement; Contractor Insurance/Pension Reviews, 62 Fed. Reg. 44249 (August 20, 1997) [comments due October 6, 1997] E. Defense Federal Acquisition Regulation Supplement; Cost Reimbursement Rules for Indirect Costs 96 Private Sector, 62 Fed. Reg. 44248 (August 20, 1997) [comments due October 6, 1997] F. Governmentwide Grants Management Requirements, 62 Fed. Reg. 45934 (August 29, 1997) [comments due October 14, 1997] IV. Legislative Developments A. Executive Compensation B. Restructuring Costs IV. Other A. Designation of Representative for Legislative Coordinating Committee B. Designation of Representative for Procurement Lawyer C. Designation of FASB watcher D. 1997-98 Committee Plan 1) General 2) Coordination with Health Care Contracting Committee AGENDA October 14, 1997 Meeting
I. Informational Items A. Section Comments, FAR Case 95-020, Costs Related to Legal and Other Proceedings, 61 Fed. Reg. 31790 (June 20, 1996) B. Section Comments, Defense Federal Acquisition Regulation Supplement; Certification of Requests for Equitable Adjustment; DFARS Case 97-D302; 62 Fed. Reg. 37146 (July 11, 1997) C. Section Comments, Cost Accounting Standards Board; Changes in Cost Accounting Practices; Supplemental Notice of Proposed Rulemaking; 62 Fed. Reg. 37654 (July 14, 1997) D. Final Rule, Defense Federal Acquisition Regulation Supplement; Legislative Lobbying Costs, 62 Fed. Reg. 47154 (September 8, 1997) E. Final Rule, Federal Employees Health Benefits Program Acquisition Regulation; Truth in Negotiations Act and Related Changes, 62 Fed. Reg. 47569 (September 10, 1997) F. Final Rule, FAR Part 15 Rewrite, 62 Fed. Reg. 51224 (September 30, 1997) (copy not provided) G. Notice of Amended Language for Civilian Personnel Per Diem Bulletins 195, 196, and 197, 62 Fed. Reg. 50910 (September 29, 1997) H. Aydin Corp. v. Widnall, 1997 U.S. App. LEXIS 18959 (Fed. Cir. July 24, 1997)(reversing the ASBCA on the allocation of SOLAR sales commissions) I. Gould Inc., ASBCA No. 46759 (September 22, 1997) (Government not entitled to recover that portion of the difference between assets and actuarial liability allocable to firm fixed-price contracts) J. DCMC Policy Memorandum No. 97-82, Coordination of High Profile Cost Issues I. CAS Board Matters A. Cost Accounting Practice Changes B. Selling Costs C. PRB Costs D. Other III. Regulatory Developments A. Draft Comments, Defense Federal Acquisition Regulation Supplement; Contractor Insurance/Pension Reviews, 62 Fed. Reg. 44249 (August 20, 1997) B. Memorandum from Lynda O92Sullivan to Vice Chairs regarding Proposed Rule on Defense Capability Preservation Agreements, DAR Case 96-D303, 62 Fed. Reg. 44248 (August 20, 1997). C. Governmentwide Grants Management Requirements, 62 Fed. Reg. 45934 (August 29, 1997) [comments due October 14, 1997] D. Cost Principles for Educational Institutions (Proposed Revisions to Circular A-21), 62 Fed. Reg. 47722 (September 10, 1997) [comments due October 27, 1997] E. Defense Federal Acquisition Regulation Supplement; Weighted Guidelines 96 Federally Funded Research and Development Centers, 62 Fed. Reg. 48205 (September 15, 1997) [comments due October 31, 1997] F. Federal Acquisition Regulation, Pay-As-You-Go Pension Costs, 62 Fed. Reg. 49900 (September 23, 1997) [comments due November 10, 1997] G. Federal Acquisition Regulations; Taxes Associated With Divested Segments, 62 Fed. Reg. 49903 (September 23, 1997) [comments due November 10, 1997] IV. Legislative Developments A. Executive Compensation
B. Restructuring Costs IV. Other A. E-Mail B. Committee Web Page C. FASB Report
AGENDA December 9, 1997 Meeting I. Informational Items A. Section Comments, Defense Federal Acquisition Regulation Supplement; Contractor Insurance/Pension Reviews, 62 Fed. Reg. 44249 (August 20, 1997) B. Section Comments, Governmentwide Grants Management Requirements, 62 Fed. Reg. 45934 (August 29, 1997) C. Section Comments, Cost Principles for Educational Institutions, 62 Fed. Reg. 47722 (September 10, 1997) D. Section Comments, Federal Acquisition Regulation, Pay-As-You-Go Pension Costs, 62 Fed. Reg. 49900 (September 23, 1997) E. Section Comments, Federal Acquisition Regulation; Clause Flowdown 96 Commercial Items, FAR Case 96-023, 62 Fed. Reg. 49903 (September 23, 1997) F. Notice of Amended Language for Civilian Personnel Per Diem Bulletins 195, 196, and 197, 62 Fed. Reg. 50910 (September 29, 1997) G. Final Rule, EPA Acquisition Regulation, 62 Fed. Reg. 60664 (November 12, 1997) H. B&P Cost Recovery Under ID/IQ Contracts 96 DCAA Guidance I. Aydin Corp., ASBCA No. 50301, 1997 ASBCA LEXIS 189 (October 7, 1997) J. Stewart & Stevenson Services, Inc., ASBCA No. 43631, 1997 ASBCA LEXIS 171 (September 23, 1997) (copy not provided) CAS Board Matters A. Cost Accounting Practice Changes B. PRB Costs C. CODSIA Line-in-Line-out of CAS 412 and 413 to Accommodate PRBs D. Other Regulatory Developments A. Defense Federal Acquisition Regulation Supplement; Allowability of Costs for Restructuring Bonuses, 62 Fed. Reg. 63035 (November 26, 1997)[Comments due January 12, 1998] B. Defense Federal Acquisition Regulation Supplement; Distribution of Contract Financing Payments, 62 Fed. Reg. 63047 (November 26, 1997) [Comments due January 12, 1998] C. Defense Federal Acquisition Regulation Supplement; Contracting by Negotiation; Part 215 Rewrite, 62 Fed. Reg. 63050 (November 26, 1997) [Comments due January 12, 1998] Legislative Developments A. Executive Compensation B. Restructuring Costs
II.
III.
IV.
V.
Other A. FASB Report B. Task Force on OPM FEHBAR regulations<
Agenda January 13, 1998 Meeting I. Informational Items A. Draft Section Comments, Defense Federal Acquisition Regulation Supplement; Distribution of Contract Financing Payments, 62 Fed. Reg. 63047 (November 26, 1997) (Karen L. Manos) B. B. Defense Federal Acquisition Regulation Supplement; Allowability of Costs for Restructuring Bonuses, 62 Fed. Reg. 63035 (November 26, 1997) [Decision not to comment] (John M. Vogel). C. C. Draft Section Comments, Defense Federal Acquisition Regulation Supplement; Contracting by Negotiation; Part 215 Rewrite, 62 Fed. Reg. 63050 (November 26, 1997) [Decision not to comment] ) (Robert S. Ryland). D. Final Rule, Federal Acquisition Regulation; Part 30 Deviations, 62 Fed. Reg. 64913 (December 9, 1997). E. Final Rule, Federal Acquisition Regulation; Final Overhead Settlement, 62 Fed. Reg. 64915 (December 9, 1997) F. F. Final Rule, Federal Acquisition Regulation, Reorganization of FAR Part 13, Simplified Acquisition Procedures, 62 Fed. Reg. 64916 (December 9, 1997) G. G. Final Rule, Federal Acquisition Regulation; New Mexico Gross Receipts and Compensating Tax, 62 Fed. Reg. 64930 (December 9, 1997) H. H. Final Rule, Federal Acquisition Regulation; Compensation of Certain Contractor Personnel, 62 Fed. Reg. 64930 (December 9, 1997) I. I. Final Rule, Federal Acquisition Regulation; Independent Research and Development/Bid Proposal Costs for Fiscal Year 1996 and Beyond, 62 Fed. Reg. 64931 (December 9, 1997) J. Final Rule, Federal Acquisition Regulation; Protests to GAO, 62 Fed. Reg. 64933 (December 9, 1997) K. DCMC Memorandum No. 98-14, "Roll Forwards" (November 18, 1997) [Discussion] L. ASBCA decision in Gould (on motion for reconsideration) M. Black River Limited Partnership, ASBCA No. 46790, 97-2 BCA 29,077 (copy not provided) N. Upcoming DOE rule on whistleblower costs II. CAS Board Matters A. Cost Accounting Practice Changes/Cost Impact B. PRB Costs C. Other III. Regulatory Developments A. Federal Acquisition Regulation; Travel Reimbursement, 62 Fed. Reg. 64932 (December 9, 1997) [comments due January 26, 1998] B. Department of the Navy Acquisition Regulations; Shipbuilding Capability Preservation Agreements, 62 Fed. Reg. 66826 (December 22, 1996) [comments due February 6, 1998]
IV. Other A. FASB Report B. Intercommittee Task Force on OPM TINA Regulations AGENDA February 10, 1998 Meeting I. Informational Items A. Section Comments, Defense Federal Acquisition Regulation Supplement; Distribution of Contract Financing Payments, 62 Fed. Reg. 63047 (November 26, 1997) B. Deferral of the Effective Date of Managerial Cost Accounting Standards for the Federal Government in SFFAS No. 4, 62 Fed. Reg. 68324 (December 31, 1997) C. Titan Corporation v. Togo D. West, Jr., 129 F.3d 1479; 1997 U.S. App. LEXIS 33333 (November 24, 1997) (notification of cost overruns overrun was foreseeable prior to completion of DCAA audit) D. DCAA Memorandum to CAS Board, Subject: DOD Waiver Authority for Commercial Companies (January 6, 1998) E. McDonnell Douglas Helicopter Co., ASBCA No. 50756 (denying cross motions for summary judgment, January 28, 1998) (original purpose in acquiring undeveloped land not dispositive of whether land remains "integral to the regular operation of the business unit" for purposes of CAS 414 Raytheon distinguished) F. Revisions to the NASA FAR Supplement Coverage on Contract Administration, 63 Fed. Reg. 3652 (January 26, 1998) (including revised audit follow-up procedures) G. DOE Acquisition Regulation: Contract Financing; Management and Operating Contracts, 63 Fed. Reg. 5272 (February 2, 1998) (allowable cost provisions) II. CAS Board Matters A. Cost Accounting Practice Changes/Cost Impact B. Post-Retirement Benefit Costs C. GAO Study D. Other III. Regulatory Developments A. Administration-proposed changes to FAR Part 9 and FAR Part 31 dealing with labor relations matters and employment litigation B. Application of CAS to Federal Employees Health Benefits Program Experience-Rated Contractors (FEHBP Program Letter, January 15, 1998) C. Interim Final Rule on Executive Compensation Cap Benchmarks IV. Other
AGENDA March 10, 1998 Meeting I. Informational Items A. Joint Comments, Final Rule, Federal Employees Health Benefits Program Acquisition Regulation; Truth in Negotiations Act and Related Changes, 62 Fed. Reg. 47569 (September 10, 1997)
B. Office of Federal Procurement Policy Memorandum Relating to Determination of Executive Compensation Benchmark Amounts C. Final Rule, Federal Acquisition Regulation; Applicability of Cost Accounting Standards (CAS) Coverage, 63 Fed. Reg. 9053 (February 23, 1998) D. Final Rule, Federal Acquisition Regulation; OMB Circular No. A-133, 63 Fed. Reg. 9054 (February 23, 1998) E. Final Rule, Federal Acquisition Regulation; Administrative Changes to Cost Accounting Standards (CAS) Applicability, 63 Fed. Reg. 9060 (February 23, 1998) F. Final Rule, Federal Acquisition Regulation; Changes in Contract Administration and Audit Cognizance, 63 Fed. Reg. 9061 (February 23, 1998) G. Final Rule, Federal Acquisition Regulation; Transfer of Assets Following a Business Combination, 63 Fed. Reg. 9067 (February 23, 1998) H. ITT Federal Services Corporation v. Sheila Widnall, No. 97-1258, 1997 U.S. App. LEXIS 36482 (Fed. Cir.) II. CAS Board Matters A. GAO Panel Study of CAS Board B. Cost Accounting Practice Changes/Cost Impact C. PRB Costs D. Other
III. Regulatory Developments A. Proposed Collection; Comment Request Entitled Termination Settlement Proposal Forms FAR (Standard Forms 1435 through 1440), 63 Fed. Reg. 6728 (February 10, 1998) [comments due March 30, 1998] B. Interim Rule, Defense Federal Acquisition Regulation Supplement; Restructuring Costs, 63 Fed. Reg. 7308 (February 13, 1998) [comments due March 31, 1998] C. Interim Rule, Federal Acquisition Regulation; Limitation on Allowability of Compensation for Certain Contractor Personnel, 63 Fed. Reg. 9066 (February 23, 1998) [comments due April 10, 1998] IV. Other
AGENDA April 14, 1998 Meeting I. Informational Items A. Draft Comments, Interim Rule, Federal Acquisition Regulation; Limitation on Allowability of Compensation for Certain Contractor Personnel, 63 Fed. Reg. 9066 (February 23, 1998) (Manos) B. Advance Notice of Proposed Rulemaking, Federal Acquisition Regulation, Progress Payments, 63 Fed. Reg. 11074 (March 5, 1998) (Public meeting April 23, 1998) (Mateer) C. DCAA Memorandum to Regional Directors, Announcement of DoD IG Review of Contractor Accounting for Post-Retirement Benefits (February 3, 1998)
D. Memorandum For All DCAA Employees regarding General Dynamics Corporation v. United States, No. 96-55821, 1998 U.S. App. LEXIS 5980 (9th Cir.) (reversing district court judgment and ordering General Dynamics suit dismissed for lack of jurisdiction) (April 6, 1998) E. Northrop Worldwide Aircraft Services, ASBCA No. 45216, 1998 ASBCA LEXIS 53 (March 26, 1998) (legal costs of defending wrongful discharge lawsuits allowable despite adverse jury verdict) F. CODSIA letter to CASB urging exemption from CAS for firm-fixed price contracts awarded without submission of certified cost or pricing data (March 24, 1998) G. Sample materials from DCAA web site H. Justice Acquisition Regulations; Implementation of the Federal Acquisition Reform Act, the federal Acquisition Streamlining Act and the National Performance Review Recommendations, 63 Fed. Reg. 16118 (April 2, 1998) I. Appeals of Newport News Shipbuilding and Dry Dock Company, ASBCA Nos. 44731 and 44826, 1998 ASBCA LEXIS _____ (March 31, 1998) (ASBCA’s affirmance, on reconsideration, of its earlier decision in Newport News Shipbuilding denying recovery of "goodwill amortization" costs) II. Regulatory Matters Federal Acquisition Regulation, Civil Defense Costs, 63 Fed. Reg. 13771 (March 20, 1998) [Comments due May 5, 1998] III. CAS Board Matters A. GAO panel review of the Cost Accounting Standards Board B. Cost Accounting Practice Changes/Cost Impact C. PRB Costs D. Other IV. Legislative Developments A. National Defense Authorization Act for Fiscal Year 1999 B. Other V. Special Discussion Session on the Application of Cost Accounting Standards to Health Care Contracts AGENDA June 9, 1998 Meeting I. Informational Items A. Cost Accounting Standards Board Review Panel, Notice of Web Page, 63 Fed. Reg. 19728 (April 21, 1998) B. Cost Accounting Standards Board Review Panel, Notice of Public Meeting, 63 Fed. Reg. 27973 (May 21, 988). C. Final Rule, Adjustments to Prices under Shipbuilding Contracts, 63 Fed. Reg. 24129 (May 1, 1998) D. Final Rule, Department of Energy Acquisition Regulation, Limitation on Allowability of Compensation for Certain Contractor Personnel, 63 Fed. Reg. 25779 (May 11, 1998) E. Final Revision, Office of Management and Budget Circular A-21, Cost Principles for Educational Institutions 63 Fed. Reg. 29785 (June 1, 1998) F. Final Revision, Office of Management and Budget (OMB) Circular A-122, Cost Principles for Non-Profit Organizations, 63 Fed. Reg. 29793 (June 1, 1998)
G. May 5, 1998 letter from William H. Reed, Director, Defense Contract Audit Agency, to Eleanor F. Spector, Director of Defense Procurement (concerning DCAA audit guidance disallowing contractor executive compensation costs tied to stock prices) H. Report on Public Meeting April 23, 1998 on Advance Notice of Proposed Rulemaking, Federal Acquisition Regulation, Progress Payments, 63 Fed. Reg. 11074 (March 5, 1998) I. Qui Tam Defense Costs (pending rulemaking) J. M.A. Mortenson & Co., ASBCA Nos. 40750-52, 98-1 BCA para. 29,658 K. Proposed Rule, Department of Energy Management and Operating Contracts and Other Designated Contracts, 63 Fed. Reg. 17800 (April 10, 1998) (Barletta) II. CAS Board Matters A. Cost Accounting Practice Changes/Cost Impact B. PRB Costs C. Other III. Legislative Developments National Defense Authorization Act for Fiscal Year 1999 Defense Commercial Pricing Management Improvement IV. Other A. Administration Labor Initiatives - Volunteers for Task Force B. July Meeting AGENDA July 14, 1998 Meeting I. Legislative Developments We will be deciding whether the Section should submit comments on the following provisions of the Fiscal Year 1999 Defense Authorization bill (S. 2057). A. Section 805, Defense Commercial Pricing Management Improvement B. Section 813, Senior Executives Covered By Limitation on Allowability of Compensation for Certain Contractor Personnel C. Section 814, Separate Determinations of Exceptional Waivers of Truth in Negotiation Requirements for Prime Contracts and Subcontracts D. Section 816, Clarification of Responsibility for Submission of Information on Prices Previously Charged for Property or Services Offered II. Informational Items A. Report on CAS Board Review Panel Hearings B. Working meeting with James Hinchman July 23, 1998 C. DCAA Audit Guidance on Evaluation of Other Transactions (March 25, 1998) D. DCMC Information Memorandum No. 98-181, Accounting for the Cost of Computer Software Developed or Obtained for Internal Use (June 10, 1998) E. Cost Accounting Standards Board limited term CAS waiver to DoD (June 15, 1998) for firm fixed-price contracts F. Final Rule, Defense Federal Acquisition Regulation Supplement; Contract Distribution to Defense Finance and Accounting Service Offices, 63 Fed. Reg. 31934 (June 11, 1998) G. DCAA Policy on Issuance of Segment Incurred Cost Audit Reports (June 3, 1998) H. Final Rule, Federal Acquisition Regulation; Limits on Fee for Cost-Plus-Incentive-Fee and Cost-Plus-Award Fee Contracts, 63 Fed. Reg. 34073 (June 22, 1998) I. Final Rule, Federal Acquisition Regulation; Travel Reimbursement, 63 Fed. Reg. 34078 (June 22, 1998)
III. CAS Board Matters A. Cost Accounting Practice Changes/Cost Impact B. PRB Costs C. Other IV. Regulatory Matters A. Paperwork Reduction Act; Comment Request Entitled Cost or Pricing Data Requirements and Information Other Than Cost or Pricing Data, 63 Fed. Reg. 31448 (June 9, 1998) [comments due July 27, 1998] B. Proposed Rule, Prompt Payment, 63 Fed. Reg. 33000 (June 17, 1998) [comments due August 3, 1998] V. Other A. Annual Report B. August 2, 1998 meeting in Toronto
DRAFT PRELIMINARY AGENDA September 15, 1998 Meeting I. Informational Items A. Department of Defense Memorandum for Directors of Defense Agencies, August 12, 1998, concerning progress payment distribution B. DCAA Memorandum for Regional Directors, May 12, 1998, concerning audit guidance on evaluation of other transactions C. Draft memorandum concerning establishment of a DoD study group to determine how to implement price-based acquisition within the Department of Defense D. Defense Science Board Memorandum for Under Secretary of Defense (Acquisition & Technology), June 12, 1998, concerning price-based acquisition E. Report on Meeting of Section Working Group on CAS Board Review and Price-Based Acquisition II. CAS Board Matters A. New CAS Board Chair B. Current Status of Regulatory Projects C. Other III. Regulatory Developments A. Withdrawal of proposed rule, Federal Acquisition Regulation; Taxes Associated with Divested Segments, 63 Fed. Reg. 43127 (August 12, 1998) B. Federal Acquisition Regulation; Value Engineering Change Proposals, 63 Fed. Reg. 43236 (August 12, 1998) [comments due September 29, 1998] C. Federal Acquisition Regulation; Recruitment Costs Principle, 63 Fed. Reg. 43238 (August 12, 1998) [comments due September 29, 1998] D. Federal Acquisition Regulation; Business Class Airfare, 63 Fed. Reg. 43239 (August 12, 1998)) [comments due September 29, 1998] IV. Legislative Developments IV. Other A. Designation of Representatives
1. Legislative Coordinating Committee 2. Procurement Lawyer 3. Public Contract Law Journal B. 1998-99 Committee Plan
November 10, 1998 Meeting I. Informational Items A. City of Albuquerque, ASBCA No. 49698 (September 17, 1998) (defective pricing) B. Boeing Defense & Space Group, ASBCA No. 50048, 98-2 BCA ¶ 29,779 (termination for convenience — application of loss ratio to entire contract) C. PCA Health Plans of Texas, Inc., ASBCA No. 48711, 98-2 BCA ¶ 29,900 (recovery of interest on overpayments to community rated health care contractor resulting from "defective pricing") D. FY 1999 Defense Authorization Act, Section 803, Defense Commercial Pricing Management Improvement E. FY 1999 Defense Authorization Act, Section 804, Modification of Senior Executives Covered by Limitation on Allowability of Compensation for Certain Contractor Personnel F. FY 1999 Defense Authorization Act, Section 805, Separate Determinations of Exceptional Waivers of Truth in Negotiation Requirements for Prime Contracts and Subcontracts G. FY 1999 Defense Appropriation Act, Section 8077, relating to the allowability of restructuring bonuses H. DCAA Audit Guidance, Costs of Computer Software Developed or Obtained for Internal Use (22 July 1998) I. Final Rule, Federal Acquisition Regulation; Pay-As-You-Go Pension Costs, 63 Fed. Reg. 58595 (October 30, 1998) J. Final Rule, Federal Acquisition Regulation; Civil Defense Costs, 63 Fed. Reg. 58599 (October 30, 1998) K. Final Rule, Federal Acquisition Regulation; Costs Related to Legal/Other Proceedings, 63 Fed. Reg. 58599 (October 30, 1998) L. The Year 2000 Issue: Current Accounting and Auditing Guidance (American Institute of Certified Public Accountants) (October 19, 1998) II. CAS Board Matters A. CAS Board Public Meeting B. Current Status of Regulatory Projects C. Other III. Developments A. CAS Board Review — GAO Panel and Section Working Group — Status Report B. DoD Price-Based Contracting Initiative — Study Group Charter (October 15, 1998) IV. Administrative A. Designation of Representatives 1. Legislative Coordinating Committee — Angela Styles 2. Procurement Lawyer — Karen Manos 3. Public Contract Law Journal — Herman Levy B. 1998-99 Committee Plan C. Next AC&P Committee Meeting — December 8, 1998 (Don’t forget to give us your Email address)
PRELIMINARY AGENDA December 8, 1998 Meeting I. CAS Board Matters A. Report on CAS Board Public Meeting, December 1-2, 1998 B. Current Status of Regulatory Projects C. Other II. Developments A. CAS Board Review - GAO Panel and Section Working Group - Status Report B. DoD Price-Based Contracting Initiative C. Federal Acquisition Regulation; Conditionally Accepted Items, 63 Fed. Reg. 57878 (October 28, 1998) [comments due December 14, 1998] III. Informational Items IV. Other Next AC&P Committee Meeting - January 12, 1999
AGENDA January 12, 1999 Meeting I. Informational Items A. Final Rule; Defense Federal Acquisition Regulation Supplement; Service Contracts that Cross Fiscal Years, 63 Fed. Reg. 67804 (Dec. 9, 1998) B. Final Rule; Federal Acquisition Regulation; Limitation on Allowability of Compensation for Certain Contractor Personnel, 63 Fed. Reg. 70287 (Dec. 18, 1998) C. Final Rule; Federal Acquisition Regulation; Contractor Purchasing System Review Exclusions, 63 Fed. Reg. 70288 (Dec. 18, 1998) D. DoD Price-Based Contracting Initiative E. CAS Board Review Panel and Section Working Group on CAS Board Review — Status Report F. GAO Report, Defense Industry: Restructuring Costs Paid, Savings Realized and Means to Ensure Benefits (NSIAD-99-22, Dec. 1, 1998) II. Regulatory Developments A. Defense Federal Acquisition Regulation Supplement; Restructuring Savings Repricing Clause, 63 Fed. Reg. 65727 (Nov. 30, 1998) [comments due January 15, 1999] B. Department of State Acquisition Regulation (DOSAR), 63 Fed. Reg. 65728 (Nov. 30, 1998) [comments due January 15, 1999] [Excerpted] C. Environmental Protection Agency; Acquisition Regulation; Contracting by Negotiation, 63 Fed. Reg. 71415 (Dec. 28, 1998) [comments due January 13, 1998] D. Federal Acquisition Regulation; Cost-Reimbursement Architect-Engineer Contracts, 63 Fed. Reg. 71710 (Dec. 29, 1998) [comments due February 15, 1998] III. Other Next AC&P Committee Meeting — February 9, 1999. Don’t forget to give us your E-mail address.
AGENDA February 9, 1999 Meeting I. Informational Items A. Comments dated January 29, 1999; DFARS Case 98-D019, Restructuring Savings Repricing Clause, 63 Fed. Reg. 65727 B. U.S. ex rel. Pratt v. Alliant Techsystems, CV No. 95-4812, C.D. Ca. (Order approving settlement entered January 25, 1999) C. Withdrawal of Proposed Rule; Federal Acquisition Regulation; Business Class Airfare, 64 Fed. Reg. 3380 (January 21, 1999) D. DoD Price-Based Contracting Initiative E. Status Report — Section Working Group on CAS Board Review F. FASB Begins Work on Intangible Assets Purchased in Business Combinations (FCR, February 4, 1999) G. Rain and Hail Insurance Service Inc., et al., AGBCA, No. 97-172-F (January 22, 1999) (contractor need not file claim to recover interest on late payment) H. DoD Authorization Bill; Cost Accounting Standards and Commercial Items Revisions (FCR, February 1, 1999) II. CAS Board Developments A. Nominations for Industry Member B. Request for comments on Costs of Post-Retirement Benefit Plans, CASB Docket No. 96-02 (January 12, 1999) [comments due February 28, 1999] III. Regulatory Developments A. Proposed Rule; Small Business Administration, Debt Collection Through Offset, 64 Fed. Reg. 3454 (January 22, 1999) [comments due February 8, 1999] B. Proposed Rule; Federal Acquisition Regulation; Cost Accounting Standards Post-Award Notification, 64 Fed. Reg. 3786 (January 25, 1999) [comments due March 12, 1999] C. Proposed Rule; Federal Acquisition Regulation; Interest and Other Financial Costs, 64 Fed. Reg. 4760 (January 29, 1999) [comments due March 15, 1999] D. Proposed Rule; HHS Acquisition Regulation; Administrative and Procedural Revisions, 64 Fed. Reg. 1344 (January 8, 1999) [comments due February 22, 1999] III. Other A. Federal Procurement Institute, February 25-26, Annapolis, Maryland B. Next AC&P Committee Meeting — March 9, 1999
AGENDA April 13, 1999 Meeting I. Informational Items A. Cannon Structures Inc., IBCA, No. 3968-98 (Feb. 10, 1999) (Government is not liable for state tax imposed on contractor after award) B. Section Comments on Costs of Post-Retirement Benefit Plans, CASB Docket No. 96-02 (March 15, 1999) C. Section Comments on Proposed Rule; Federal Acquisition Regulation; Interest and Other Financial Costs, 64 Fed. Reg. 4760 (March 30, 1999) D. DFARS Final Rule; Deviations from Cost Accounting Standards Administration Requirements, 64 Fed Reg. 8726 (Feb. 23, 1999)
E. DFARS Final Rule, Independent Research and Development and Bid and Proposal Costs for Fiscal Year 1996 and Beyond, 64 Fed. Reg. 8729 (Feb. 23, 1999) F. DFARS Final Rule; Flexible Progress Payments, 64 Fed. Reg. 8731 (Feb. 23, 1999) G. Final Rule; Federal Acquisition Regulation; Waiver of Cost or Pricing Data for Subcontracts, 64 Fed. Reg. 10544 (Mar. 4, 1999) H. Final Rule, FAR; Recruitment Costs Principle, 64 Reg. 10547 (Mar. 4, 1999) I. NASA, NFS Final Rule; Waiver of Submission of Cost or Pricing Data for Acquisitions with the CCC and for SBIR Phase II Contracts, 64 Fed. Reg. 10573 (Mar. 5, 1999) J. Financial Accounting Standards Board Proposal to End Write-offs of "In-Process R&D" in Acquisitions K. DCAA Audit Guidance (Mar. 19, 1999) Disallowing Costs of Research Incurred Before Entering into Other Transactions Agreement II. CAS Board Developments A. CAS Board Review Panel Report B. New Staff Position of Executive Director for the CASB C. Staff Support for Industry Members D. Post-Retirement Benefits E. Cost Accounting Practice Changes; Second Supplemental Notice of Proposed Rulemaking III. Regulatory Developments A. Draft Comments; Federal Acquisition Regulation; Progress Payments and Related Financing Policies, 64 Fed. Reg. 6758 (Feb. 10, 1999) [final comments due April 15, 1999] B. Interim Rule; Federal Acquisition Regulation; Compensation for Senior Executives, 64 Fed. Reg. 10547 (Mar. 4, 1999) [comments due April 19, 1999] C. DOE Proposed Rule on Allowability of Contractor Costs Related to Whistle Blower Actions, 64 Fed. Reg. 14206 (Mar. 24, 1999) [comments due April 9,1999] D. Upcoming Proposed Rules - Travel Costs and Relocation Costs IV. Other A. Model Procurement Code Redraft Project B. Open Discussion C. Next AC&P Committee Meeting - May 11, 1999 Accounting, Cost & Pricing Committee
AGENDA PRELIMINARY AGENDA July 13, 1999 Meeting I. Informational Items A. Draft Comments on Proposed Rule; Federal Acquisition Regulation; Travel Costs, 64 Fed. Reg. 27654 (May 20, 1999)
B. Withdrawal of Proposed Rule; DFARS; Distribution of Contract Financing Payments, 64 Fed. Reg. 33,329 (June 22, 1999) C. Envirocare of Utah Inc. v. United States, Fed. Cl., No. 99-76C (June 11, 1999) (radioactive waste disposal services not "commercial item" because no market price) D. United States v. United Technologies Corp., D. Conn., No. 5-92-CV-365 (June 7, 1999) ("honest mistake" gives rise to TINA liability not to False Claims Act liability) E. VHC Inc. v. Peters, COFC, No. 98-1327 (June 10, 1999) (unlevel pricing does not preclude recovery of unamortized labor learning costs after termination for convenience) F. Value Engineering -- VECP Class Deviation Allowing Greater Incentives Extended G. Long-Lived Asset Impairment -- Developments H. DoD Price Analyses Do Not Ensure Fair Prices on Sole-Source Contracts ("Contract Management: DOD Pricing of Commercial Items Needs Continued Emphasis," GAO/NSIAD-99-90, June 24, 1999) I. Allowability of Legal Costs (Avondale Industries v. NLRB) II. Legislative Developments DoD Authorization Act - Status Report III. Regulatory Developments Proposed Rule; NASA Structured Approach for Profit or Fee Objective, 64 Fed. Reg. 30468 (June 8, 1999) [comments due July 23, 1999] IV. CAS Board Developments A. Second Supplemental NPRM on Cost Accounting Practice Changes B. ANPRM on PRB Costs C. Other V. Other Next AC&P Committee Meeting - Sunday, August 8, 1999, at 2:30 p.m. at the ABA Annual Meeting in the Dunwoody Conference Room, Hyatt Regency Atlanta on Sunday.
AGENDA PRELIMINARY AGENDA September 14, 1999 Meeting
I. CAS Board Developments A. Second Supplemental NPRM on Cost Accounting Practice Changes, 64 Fed. Reg. 45700, August 20, 1999 [comments due October 5, 1999] B. William Romenius of The Boeing Company named industry representative C. Nelson F. Gibbs named Board's first Executive Director II. Legislative Developments A. S. 1059, DoD Authorization Act for FY 2000; § 802, Streamlined Applicability of Cost Accounting
Standards B. H.R. 1219, Construction Industry Payment Protection Act of 1999 III. Regulatory Developments A. Proposed Rule; FAR; Contractor Responsibility; Labor Relations Costs, and Costs Relating to Legal and Other Proceedings, 64 Fed. Reg. 37360 (July 9, 1999) [comments due October 26, 1999] B. Advance Notice of Proposed Rulemaking; DFARS; Reporting Requirements, General Property, Plant and Equipment, Cost Reimbursement Contracts, 64 Fed. Reg. 39456 (July 22, 1999) C. Proposed Rule; FAR; Commercial Items - Nongovernmental Purposes, 64 Fed. Reg. 40694 (July 27, 1999) [comments due September 13, 1999] IV. Informational Items A. Final Rule; DLA Acquisition Directive; Use of Solicitation Provisions and Contract Clauses for Economic Price Adjustments, 64 Fed. Reg. 41834 (August 2, 1999) B. Final Rule; DFARS; Multiyear Contracting, 64 Fed. Reg. 43096 (August 9, 1999) V. Other Next AC&P Committee Meeting - Tuesday, October 19, 1999 - Guest will be Deirdre Lee, OFPP Administrator. (NOTE CHANGE FROM USUAL DATE.)
AGENDA October 19, 1999 Meeting I. Discussion Session with Deirdre Lee, Administrator, Office of Federal Procurement Policy II. CAS Board Developments A. Report on progress of comments on Second Supplemental NPRM on Cost Accounting Practice Changes (64 Fed. Reg. 45700, August 20, 1999) (60-day extension requested; extension granted to November 22, 1999) B. NPRM on Post Retirement Benefits C. Other III. Regulatory Developments Interim Rule; FAR; Determination of Price Reasonableness and Commerciality, 64 Fed. Reg. 51835 (September 24, 1999) [comments due November 9, 1999] IV. Informational Items A. Caldera v. Northrop Worldwide Aircraft Services, Inc., No. 98-1500 (Fed. Cir. Sept. 10, 1999), 1999 U.S. App. LEXIS 21888 B. Final Rule; DFARS; Acquisitions for Foreign Military Sales, 64 Fed. Reg. 49683 (September 14, 1999) (allowability of offset costs; cost or pricing data requirements)
C. Final Rule; FAR; Interest and Other Financial Costs, 64 Fed. Reg. 51844 (September 24, 1999) D. Final Rule; FAR; Cost Accounting Standards Post-Award Notification, 64 Fed. Reg. 51849 (September 24, 1999) E. Newport News Shipbuilding and Dry Dock Company v. The United States, No. 98-183C (Fed. Cl. Aug. 19, 1999), 1999 U.S. Claims LEXIS 203 F. October 12, 1999 letter from Deirdre A. Lee responding to Government Electronics and Information Technology Association’s petition on MAS contracting V. Other Next AC&P Committee Meeting — Tuesday, November 9, 1999 — Guest Speaker — Michael Thibault (DCAA)
AGENDA January 11, 2000 Meeting I.CAS Board Developments A. Discussion of CAS Board Public Meeting on SNPRM II on Cost Accounting Practice Changes (December 6, 1999) B. Report on Joint DoD/Industry Alternative Proposal to SNPRM II II. Regulatory Developments III. Informational Items A. Federal Circuit denies petition for rehearing in Caldera v. Northrop Worldwide Aircraft Servs., Inc., 192 F.3d 962 (Fed. Cir. 1999), 18 FPD ¶ 136, 41 GC ¶ 430 B. A Comparison of DOD and Commercial Airline Purchasing Practices, November 1999 (GAO/NSIAD-00-22) C. Final Rule, DFARS; Weighted Guidelines and Performance-Based Payments, 64 Fed. Reg. 61031 (November 9, 1999) D. DCAA Audit Guidance on the Audit of Unabsorbed Overhead in Price Adjustment Proposals and Contract Disputes Act Claims (December 8, 1999) E. DCAA Audit Guidance on Interest Rates for Determining Interest Applicable to Postaward Audit Adjustments (December 14, 1999) IV. Other A. DoD Price-Based Acquisition Report (not attached) B. Discussion of Special Projects and Guest Speakers for 2000 C. Next AC&P Committee Meeting — Tuesday, February 8, 2000
AGENDA February 15, 2000 Meeting I. Informational Items A. DoD Price Based Acquisition Report — Report on Working Group Activities and Draft Comments B. FASB -- business combinations accounting
C. "Costs Charged to Other Transactions" (No. D-2000-065, 12/27/99) (report issued by DOD IG examining contractor costs charged to other transactions) D. United Technologies Corp., ASBCA No. 49646 (Jan. 03, 2000) (dividend "equivalents" unallowable under pre-1996 cost principle) II. CAS Board Developments A. Interim Rule; CASB; Applicability, Thresholds and Waiver of Cost Accounting Standards Coverage, 65 Fed. Reg. 5990 (February 7, 2000) [comments due March 27, 2000] B. Public Meeting on Changes in Cost Accounting Practices, February 10, 2000, (see 65 Fed. Reg. 4940 (February 2, 2000)) C. Post-retirement Benefits D. ARWG Proposal to Move CAS Board III. Regulatory Developments A. Proposed Rule; FAR; Changes to Time-and-Materials or Labor-Hours Contracts, 65 Fed. Reg. 3762 (January 24, 2000) [comments due March 10, 2000] B. Proposed Rule; FAR: Deferred Research and Development Costs, 65 Fed. Reg. 4328 (January 26, 2000) [comments due March 16, 2000] IV. Other Next AC&P Committee Meeting — Tuesday, March 14, 2000
AGENDA April 18, 2000 Meeting I. Informational Items A. Establishment of Defense Contract Management Agency B. Section Comments on CASB Interim Rule; Thresholds and Waiver of Cost Accounting Standards Coverage, 65 Fed. Reg. 5990 (February 7, 2000) C. Final Rule; FAR: Progress Payments and Related Financing Policies, 65 Fed. Reg. 16276 (March 27, 2000) D. OMB; 2000 Circular A-133 Compliance Supplement, 65 Fed. Reg. 17684 (April 4, 2000) [comments due October 17, 2000] E. Status of "Blacklisting" Regulations F. Aerojet Solid Propulson Co., ASBCA, No. 44568 (March 17, 2000) (defective pricing) G. Orbital Sciences Corp., ASBCA, No. 50171 (March 30, 2000) II. CAS Board Developments A. Cost Accounting Practice Changes/SNPRM II B. Post-Retirement Benefits C. ESOPs D. Other III. Regulatory Developments Notice of Proposed Rulemaking; DOE; Rewrite of Regulations Governing Management and Operating Contracts, 65 Fed. Reg. 13418 (March 13, 2000) [comments due May 1, 2000] IV. Legislative Developments H.R. 4205, FY 2001 Defense Authorization Bill V. Other Next AC&P Committee Meeting — Tuesday, May 9, 2000
AGENDA May 9, 2000 Meeting I. Informational Items A. Appeal of Ball Corporation, ASBCA, No. 49118 (April 3, 2000) (costs of leveraged ESOP found to be allowable) B. Final Rule; FAR; Determination of Price Reasonableness and Commerciality, 65 Fed. Reg. 24320 (April 25, 2000) C. Final Rule; Federal Travel Regulation; Mandatory Use of the Travel Charge Card, 65 Fed. Reg. 21365 (April 21, 2000) II. CAS Board Developments A. CASB Disclosure Statement for Health Care Entities B. Post-Retirement Benefits C. ESOPs D. Cost Accounting Practice Changes/SNPRM II III. Regulatory Developments A. Proposed Revisions to OMB Circular No. A-130, 65 Fed. Reg. 19933 (April 13, 2000) [comments due May 5, 2000] B. Proposed Rule; FAR; Cost Accounting Standards Administration, 65 Fed. Reg. 20854 (April 18, 2000) [comments due June 5, 2000] IV. Legislative Developments V. Other Next AC&P Committee Meeting - Tuesday, June 13, 2000
AGENDA June 13, 2000 Meeting I. Informational Items A. Appeals of GKS, Inc., ASBCA, Nos. 47692 and 49296 (April 27, 2000) (contractor’s failure to fully disclose cost or pricing data) B. DCAA Audit Guidance on Interim Rule — Applicability, Thresholds and Waiver of Cost Accounting Standards Coverage (31 March 2000) C. Notice; OFPP; Determination of Executive Compensation Benchmark Amount Pursuant to Section 808 of Pub. L. 105-85, 65 Fed. Reg. 30640 (May 12, 2000) D. Draft Comments; FAR; Cost Accounting Standards Administration, 65 Fed. Reg. 20854 (April 18, 2000) E. Final Rule; DFARS: Waiver of Cost Accounting Standards, 65 Fed. Reg. 36034 (June 6, 2000) F. Final Rule; CASB; Applicability, Thresholds and Waiver of Cost Accounting Standards Coverage, 65 Fed. Reg. 36768 (June 9, 2000) G. Procurement Roundtable Recommendations for Further Acquisition Reform (including bringing CAS more in line with commercial practice) H. DoD Guidance, Pilot Authority for Commercial Services, May 25, 2000
II. CAS Board Developments A. Project to Develop Disclosure Statement for Health Care Administration Services Providers B. Post-Retirement Benefits C. ESOPs D. Cost Accounting Practice Changes/SNPRM II
III. Regulatory Developments A. Interim Rule; Transactions Other Than Contracts, Grants, or Cooperative Agreements for Prototype Projects, 65 Fed. Reg. 35576 (June 5, 2000) [comments due July 21, 2000] B. Interim Rule; FAR: Applicability, Thresholds and Waiver of Cost Accounting Standards Coverage, 65 Fed. Reg. 36028 (June 6, 2000) [comments due July 24, 2000] IV. Legislative Developments V. Other Next AC&P Committee Meeting — Sunday, July 9, 2000 (at the ABA Annual Meeting in New York City) AGENDA September 12, 2000 Meeting I. Informational Items A. Alliant Techsystems, Inc., ASBCA Nos. 47626, 51280 (July 25, 2000) (no defective pricing where contractor disclosed data to DCAA auditor). B. DCAA Audit Guidance on Certification Requirement for CAS Cost Impact Proposals (June 30, 2000). C. Section's Draft Comments, Final Contract Voucher Submission, 65 Fed. Reg. 46331. D. Final Rule, NFS, Central Contractor Registration (CCR), 65 Fed. Reg. 50152 (August 17, 2000). II. CAS Board Developments A. Post-Retirement Benefits Other than Pension (PRB) Employee Stock Ownership Plans (ESOP) B. CAS Board Streamlining Request for Public Comments, 65 Fed. Reg. 48738 (Aug. 9, 2000) [comments due September 11, 2000] III. Regulatory Developments A. Proposed Rule, FAR, Prompt Payment and the Recovery of Overpayment, 65 Fed. Reg. 52244 (August 28, 2000) [comments due October 13, 2000]. B. Proposed Rule, FAR, Acquisition of Commercial Items, 65 Fed. Reg. 52284 (August 28, 2000) [comments due October 13, 2000]. C. Interim Rule, NFS, Cost Accounting Standards Waivers, 65 Fed. Reg. 49205 (August 11, 2000) [comments due September 26, 2000]. IV. Legislative Developments V. Other
Next AC&P Committee Meeting - Tuesday, October 10, 2000, Howrey Simon Arnold & White, LLP, 1299 Pennsylvania Avenue, N.W., Washington, D.C. 20004.
AGENDA October 10, 2000 Meeting I. Informational Items A. General Dynamics Corp. v. United States, Nos. 99-45C & 99-865C, 2000 WL 1337142 (Fed. Cl. Sept. 15, 2000) (government breached contract by retroactively applying statutory executive compensation cap). B. Rex Systems, Inc. v. Cohen, No. 99-1527, 2000 U.S. App. LEXIS 23216 (Fed. Cir. Sept. 14, 2000) (contractor not entitled to interest on termination settlement proposal until negotiations reach an impasse). C. Ametek Aerospace Products, Inc., ASBCA No. 45307, 2000 ASBCA LEXIS 133 (Sept. 6, 2000) (after business combination accounted for using purchase method of accounting, acquired company may neither step up its assets nor use a higher home office allocation (based on the acquiring company's stepped up basis) for contract costing purposes). D. DCAA Clarification of Audit Guidance on Estimating System Deficiencies Concerning Subcontractor Cost Analyses (Sept. 23, 2000). E. DCAA Audit Guidance on Recent Cost Accounting Standards (CAS) Rules (Aug. 11, 2000) F. Notice Regarding Establishment of Defense Finance and Accounting Service (DFAS) Board of Advisors, 65 Fed. Reg. 56564 (Sept. 19, 2000) G. Withdrawal of Proposed Rule Regarding Closeout of Foreign Military Sales Contract Items, 65 Fed. Reg. 54985 (Sept. 12, 2000) H. Press Release: Harking, Feingold, Sessions Warn Against Proposal to Lift Caps for Federal Contractors' Travel and Moving Costs (Sept. 20, 2000) I. "Acquisition Chief Gansler Leaving Pentagon for University Post," Bloomberg Business News (Sept. 28, 2000) II. CAS Board Developments A. Post-Retirement Benefits Other than Pension (PRB) B. Staff Discussion Paper, Accounting for the Cost of Employee Stock Ownership Plans (ESOP), 65 Fed. Reg. 56008 (Sept. 15, 2000) [comments due October 31, 2000] C. CAS Board Streamlining & DoD Recommendations III. Regulatory Developments A. Proposed Rule, FAR, Financing Policies, 65 Fed. Reg. 56454 (Sept. 18, 2000) [comments due November 3, 2000]. IV. Legislative Developments A. S. 3030, Recovery Audits (introduced by Sen. Thompson Sept. 12, 2000)
V. Other Next AC&P Committee Meeting - Tuesday, November 14, 2000, Howrey Simon Arnold & White, LLP, 1299 Pennsylvania Avenue, N.W., Washington, D.C. 20004. AGENDA November 14, 2000 Meeting I. Informational Items A. Freightliner Corp. v. Caldera, 225 F.3d 1361 (Fed. Cir. 2000) (no cause of action for agency's failure to comply with FAR option exercise requirement for sole source justification when option quantities were not evaluated in initial competition). B. Systems Management American Corp., ASBCA Nos. 45704 et al., 2000 ASBCA LEXIS 149 (Sept. 19, 2000) (sustaining appeal for breach based on refusal to approve proposed definitization of option prices by date specified in contract modification because of conviction of former contractor employee for conspiracy to defraud the government). C. Section's Draft Comments on CAS Board's Staff Discussion Paper, Accounting for the Cost of Employee Stock Ownership Plans (ESOP), 65 Fed. Reg. 56008 (Sept. 15, 2000). D. Committee Working Group's Outline for Comments on CAS Board's Advanced Notice of Proposed Rulemaking on Accounting for the Costs of Post-Retirement Benefit Plans Sponsored by Government Contractors, 65 Fed. Reg. 59504 (Oct. 5, 2000). E. ARWG's Recommendation Re: Revising the Cost Accounting Standards Act F. Final Rule, FAR Truth in Negotiations Act Threshold, 65 Fed. Reg. 60553 (Oct. 11, 2000). G. Final Rule, DOE, Costs Associated with Whistleblower Actions, 65 Fed. Reg. 62299 (Oct. 18, 2000). H. Withdrawal of Proposed Rule, DFARS, Foreign Military Sales Customer Observation of Negotiations, 65 Fed. Reg. 63837 (Oct. 25, 2000). II. CAS Board Developments A. Post-Retirement Benefits Other than Pension (PRB) B. Employee Stock Ownership Plans (ESOP) C. CAS Streamlining III. Regulatory Developments A. OFPP, Notice of Solicitation of Public Interest, 65 Fed. Reg. 63628 (Oct. 24, 2000) [comments due December 12, 2000]. B. Proposed Rule, DOE, Contractor Legal Management Requirements, 65 Fed. Reg. 63809 (Sept. 18, 2000) [comments due November 10, 2000]. IV. Legislative Developments A. National Defense Authorization Act for Fiscal Year 2001, Pub. L. 106-398 (Oct. 30, 2000). B. Truth in Regulating Act, Pub. L. 106-312 (Oct. 17, 2000). V. Other Next AC&P Committee Meeting - Tuesday, December 12, 2000, Howrey Simon Arnold & White, LLP, 1299 Pennsylvania Avenue, N.W., Washington, D.C. 20004.
AGENDA January 9, 2001 Meeting I. Informational Items A. Information Systems & Networks Corp. v. United States, No. 98-663C (Fed. Cl. Nov. 30, 2000) (state income taxes paid by sole shareholder of Subchapter S corporation are allowable costs). B. Final Rule, FAR, Contractor Responsibility, Labor Relations Costs, and Costs Relating to Legal and Other Proceedings, 65 Fed. Reg. 80256 (Dec. 20, 2000). C. K. Saldarini, "Clinton Administration to Issue Contractor Ethics Rules," Government Executive (Dec. 19, 2000). D. Castle v. United States, No. 90-1291C (Fed. Cl. Nov. 9, 2000) (Tucker Act's six-year statute of limitations is jurisdictional and cannot be tolled by the parties; in Winstarrelated breach of contract case, where lost profits are uncertain, plaintiffs are entitled only to restitution - recovery of their investment - but not lost profits). E. Bean Stuyvesant, LLC, ASBCA No. 52889 (Dec. 6, 2000) (under fixed-price construction contract, contractor entitled to recover the entire amount bid for bond costs, even if its actual bond premium amount was considerably less). F. NDIA Amicus Brief, Boeing North American, Inc. v. Peters, No. 01-1011 (Fed. Cl. Dec. 22, 2000). G. DCMA Information Memorandum No. 01-057, "Roll Forwards" (Nov. 15, 2000). H. Final Rule, DFARS, Authority to Indemnify Against Unusually Hazardous or Nuclear Risks, 65 Fed. Reg. 77835 (Dec. 13, 2000). I. Final Rule, DFARS, Material Management and Accounting Systems, 65 Fed. Reg. 77832 (Dec. 13, 2000). J. Final Rule, DFARS, Profit Incentives to Produce Innovative New Technologies, 65 Fed. Reg. 77829 (Dec. 13, 2000). K. Final Rule, Department of the Army, Report on Use of Employees of Non-Federal Entities to Provide Services to the Department of the Army, 65 Fed. Reg. 81357 (Dec. 26, 2000). L. Notice, Renegotiation Board Interest Rate; Prompt Payment Interest Rate; Contract Disputes Act, 65 Fed. Reg. 82457 (Dec. 28, 2000). II. CAS Board Developments A. Post-Retirement Benefits Other than Pension (PRB) B. Employee Stock Ownership Plans (ESOP) C. CAS Streamlining III. Regulatory Developments A. Proposed Rule, FAR, Signing and Retention of High Technology Workers, 65 Fed. Reg. 82876 (Dec. 28, 2000) [comments due February 12, 2001]. B. Interim Rule, OMB, Prompt Payment, 65 Fed. Reg. 78403 (Dec. 15, 2000) [comments due January 30, 2001]. C. Proposed Rule, NASA, Emergency Medical Services and Evacuation, 65 Fed. Reg. 76600 (Dec. 7, 2000) [comments due January 22, 2001]. IV. Legislative Developments V. Other
Next AC&P Committee Meeting - Tuesday, February 13, 2001, Howrey Simon Arnold & White, LLP, 1299 Pennsylvania Avenue, N.W., Washington, D.C. 20004.
AGENDA February 13, 2001 Meeting AGENDA February 13, 2001 Meeting I. Informational Items A. Innovative Refrigeration Concepts, ASBCA Nos. 48625 & 49475 (Jan. 11, 2001) (contractor entitled to Prompt Payment Act interest on invoice where government never revoked final acceptance or asserted Contract Disputes Act claim). B. Motorola Inc., ASBCA No. 51789 (Dec. 15, 2000) (holding that 1985 and 1986 amendments to the Truth in Negotiations Act, under which interest runs from date of overpayment rather than date of demand for repayment, apply only to contracts awarded after November 7, 1985, and modifications to such contracts). C. Memorandum from Andrew H. Card, Jr., Regulatory Review Plan (Jan. 20, 2001). D. Final Rule, FAR, Applicability, Thresholds and Waiver of Cost Accounting Standards Coverage, 66 Fed. Reg. 2136 (Jan. 10, 2001). E. Final Rule, FAR, Advance Payments for Non-Commercial Items, 66 Fed. Reg. 2137 (Jan. 10, 2001). F. Final Rule, DOE, Contractor Legal Management Requirements, 66 Fed. Reg. 4616 (Jan. 18, 2001). II. CAS Board Developments A. Post-Retirement Benefits Other than Pension (PRB) B. B. Employee Stock Ownership Plans (ESOP) C. C. CAS Streamlining III. Regulatory Developments IV. Legislative Developments A. S. 23, New Urban Agenda Act of 2001 (Introduced Jan. 22, 2001). IV. Other Our next AC&P Committee Meeting will be held in conjunction with the Section of Public Contract Law's 7th Annual Federal Procurement Institute and Midyear Council Meeting Thursday, March 1, 2001, 5:15 - 6:30 p.m., Loews Annapolis Hotel, Skipjack, Room 362, 3rd Floor.
AGENDA March 1, 2001 Meeting I. Informational Items A. Hunt Construction Group v. United States, No. 99-138C (Fed. Cl. Jan. 24, 2001) (special notice in solicitation stating that "Sales and use tax exemptions should be sought where applicable" was not sufficient to obligate the government to reimburse the contractor for those exemptions upon completion of the contract). B. Notes from Open Meeting, Accounting for Costs of Post-Retirement Benefits (Feb. 15, 2001).
C. Final Rule, DOL, Service Contract Act, Labor Standards for Federal Service Contracts, 66 Fed. Reg. 5328 (Jan. 18, 2001). II. CAS Board Developments A. Post-Retirement Benefits Other than Pension (PRB) B. Employee Stock Ownership Plans (ESOP) C. CAS Streamlining III. Regulatory Developments A. Proposed Rule, DOE, Conditional Payment of Fee, Profit, and Other Incentives, 66 Fed. Reg. 8560 (Feb. 1, 2001) [comments due March 5, 2001]. IV. Legislative Developments V. Other Next AC&P Committee Meeting - Tuesday, April 10, 2001, Howrey Simon Arnold & White, LLP, 1299 Pennsylvania Avenue, N.W., Washington, D.C. 20004.
AGENDA April 10, 2001 Meeting I. Informational Items A. Barrett Refining Corp. v. United States, No. 00-5036 (Fed. Cir. Mar. 13, 2001) (holding Defense Fuel Supply Center price escalation clause unlawful; contractor entitled to quantum valebant relief for fair market value of military jet fuel delivered, but government entitled to recover over-payments made based on illegal clause). B. Rich MacAuly, AGBCA No. 2000-155-3 (Mar. 15, 2001) (upholding Forest Service price escalation clause, notwithstanding conflict with agency policies and procedures). C. Final Rules, FAR, Delay of Effective Date, 66 Fed. Reg. 14260 (Mar. 9, 2001). D. Notice of Public Meeting, DoD, Cost Principles Streamlining, 66 Fed. Reg. 13712 (Mar. 7, 2001) E. Executive Order 13201, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Feb. 17, 2001). II. CAS Board Developments A. Post-Retirement Benefits Other than Pension (PRB) B. Employee Stock Ownership Plans (ESOP) C. CAS Streamlining III. Regulatory Developments A. Proposed Rule, FAR, Contractor Responsibility, Labor Relations Costs, and Costs Relating to Legal and Other Proceedings -- Revocation, 66 Fed. Reg., (Apr. 2, 2001) [comments due June 1, 2001]. B. Interim Rule, FAR, Contractor Responsibility, Labor Relations Costs, and Costs Relating to Legal and Other Proceedings, 66 Fed. Reg., (Apr. 2, 2001) [comments due June 1, 2001]. IV. Legislative Developments
V. Other PLEASE NOTE: Following our regularly-scheduled meeting, the Committee will host an open meeting with the CASB staff to discuss Accounting for Post-Retirement Benefit Plans Other Than Pensions. The meeting is a follow-up to the PRB working group meeting hosted by the Committee on February 15, 2001. If you plan to attend the PRB meeting, please call or reply by e-mail to Patricia Zollarcoffer (202-383-7168) know by close of business Friday, April 6, 2001. Next AC&P Committee Meeting - Tuesday, May 8, 2001, Howrey Simon Arnold & White, LLP, 1299 Pennsylvania Avenue, N.W., Washington, D.C. 20004.
AGENDA May 8, 2001 Meeting I. Informational Items A. Fairchild Industries, Inc., ASBCA No. 46197 (Apr. 19, 2001) (contractor not entitled to environmental clean-up and plant closing costs upon end of A-10 production contracts). B. American Pelagic Fishing Co., L.P., No. 599-119C (Fed. Cl. Apr. 4, 2001) (legislation retroactively revoking permits for fishing vessel constituted Fifth Amendment Taking). C. Correction, FAR, Contractor Responsibility, Labor Relations Costs, and Costs Relating to Other Proceedings (Stay), 66 Fed. Reg. 18735 (Apr. 11, 2001). II. CAS Board Developments A. Post-Retirement Benefits Other than Pension (PRB) B. Employee Stock Ownership Plans (ESOP) C. CAS Streamlining III. Regulatory Developments A. Notice of Availability of 2001 OMB Cir. A-133 Compliance Supp., 66 Fed. Reg. 18517 (Apr. 9, 2001) [comments on 2001 Supp. due October 31, 2001]. IV. Legislative Developments A. H.R. 721, Truthfulness, Responsibility, and Accountability in Contracting Act (Introduced Feb. 14, 2001; referred to Comm. on Government Reform). B. H.R. 1535, Prison Industries Reform (Introduced Apr. 4, 2001). V. Other Next AC&P Committee Meeting - Tuesday, June 12, 2001, Howrey Simon Arnold & White, LLP, 1299 Pennsylvania Avenue, N.W., Washington, D.C. 20004.
AGENDA June 12, 2001 Meeting I. Informational Items A. Consolidated Edison v. Department of Energy, No. 99-1164 (Fed. Cir. May 3, 2001) (en banc) (holding that because Court of Federal Claims has power "to order a full refund of illegally exacted funds," utilities are precluded from bringing suit in district court for declaratory and prospective injunctive relief under the Administrative Procedure Act). B. Riley v. St. Luke's Episcopal Hosp., No. 97-20948 (5th Cir. May 25, 2001) (en banc) (holding that the qui tam provisions of the False Claims Act do not violate the constitutional separation of power doctrine under the Take Care and Appointments Clauses of Article II). C. United States ex rel. Norbeck v. Basin Elec. Power Cooperative, 2001 WL 432211 (8th Cir. Apr. 30, 2001) (implied duty of good faith and fair dealing did not preclude
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contractor from using an accounting method resulting in higher rates for the government, and overcharges did not violate False Claims Act because they resulted from a misinterpretation of the contract rather than reckless disregard for the accuracy of the billings). McTeague Const. Co. v. GSA, GSBCA No. 15479-C(14765) (May 9, 2001) (limiting EAJA attorneys' fees to amounts incurred before government settlement offer that exceeded plaintiff's recovery). TRW Inc., ASBCA No. 51172 (Apr. 30, 2001) (denying motion for summary judgment on issue of whether TRW's activities in anticipation of an Air Force procurement for modular satellite launch vehicles were bid and proposal costs or economic planning and selling costs). Grumman Aerospace Corp., ASBCA No. 50090 (Feb. 12, 2001) (holding in favor of contractor on 15 out of 16 claim areas, but granting modified total cost or "jury verdict" damages of only $7.9 million of $34 million claimed and denying all claim preparation costs before the claim was submitted to the contracting officer). NASA, Final Rule, Cost Accounting Standards Waivers, 66 Fed. Reg. 29727 (Jun. 1, 2001). DLA, Alternative Dispute Resolution, 66 Fed. Reg. 27474 (May 17, 2001). "Aldridge Orders End to Contractor Cost Sharing on R&D in Effort to Bolster Financial Health of Defense Industry," Federal Contracts Report (May 29, 2001). DSB Action Summary, DoD Acquisition/Industrial Base Initiatives (May 2, 2001).
II. CAS Board Developments A. Post-Retirement Benefits Other than Pension (PRB) B. Employee Stock Ownership Plans (ESOP) C. CAS Streamlining III. Regulatory Developments A. FAR, Interim Rule, Executive Order 13202, Preservation of Open Competition and Government Neutrality Towards Government Contractors' Labor Relations on Federal and Federally Funded Construction Projects, 66 Fed. Reg. 27414 (May 16, 2001) [comments due July 2, 2001]. B. FASB, Notice of New Exposure Draft Reporting Corrections of Errors and Changes in Accounting - Amendment of SFFAS 7, Accounting for Revenue and Other Financing Sources, 66 Fed. Reg. 24138 (May 11, 2001) [comments due June 11, 2001]. IV. Legislative Developments A. H.R. 1691, Service Contract Health Security Act (Introduced May 2, 2001) (to amend the Service Contract Act of 1965 to provide for the responsibility in certain cases of a parent corporation of a Federal contractor to provide health care benefits to retired employees of the contractor if the contractor fails to provide such benefits). B. "Davis to Offer Services Acquisition Reform Act With Focus On Share-in-Savings Contracts," Federal Contracts Report (May 29, 2001). C. H.R. 1895, Computer Equipment Common Sense Depreciation Act (Introduced May 17, 2001) (to amend the Internal Revenue Code to establish a two-year recovery period for depreciation of computers and peripheral equipment used in manufacturing). V. Other Next AC&P Committee Meeting - Tuesday, July 10, 2001, Howrey Simon Arnold & White, LLP, 1299 Pennsylvania Avenue, N.W., Washington, D.C. 20004.
AGENDA July 10, 2001 Meeting I. Informational Items A. United States v. Mead Corp., No. 99-1434, 532 U.S. ___ (Jun. 18, 2001) (deference under Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), to an agency's application of a statute it administers is appropriate only when (1) Congress delegated authority to the agency generally to make rules carrying the force of law and the (2) agency's interpretation was promulgated in the exercise of that authority; otherwise, an agency's interpretation may merit "some deference" under Skidmore v. Swift & Co., 323 U.S. 134 (1944)). B. Lujan v. G&G Fire Sprinklers, Inc., No. 00-152, 532 U.S. ___ (Apr. 17, 2001) (reversing Ninth Circuit and holding that California's version of the Davis-Bacon Act, which permits the withholding of sums without a pre-withholding hearing if a contractor or subcontractor is not paying the proper prevailing wages, does not violate Due Process Clause of the Fourteenth Amendment). C. Furash & Co. v. United States, No. 00-5084 (Fed. Cir. Jun. 13, 2001) (affirming dismissal of claim arising from a contract with the Federal Housing Finance Board because nonappropriated funds doctrine bars Court of Federal Claims from exercising jurisdiction). D. INDIA's Proposed Revision to FAR 31.205-18 (Jun. 29, 2001). II. CAS Board Developments A. Post-Retirement Benefits Other than Pension (PRB) B. Employee Stock Ownership Plans (ESOP) C. CAS Streamlining III. Regulatory Developments IV. Legislative Developments A. H.R. 2153 and S. 1049, American Breakthrough Research Act of 2001 (to amend IRC to provide for an election to exchange research-related tax benefits for a refundable tax credit, for the recapture of refunds, and for other purposes; introduced Jun. 13, 2001 in House and Jun. 14, 2001 in Senate). B. H.R. 2177, Invest in Space Now Act of 2001 (to amend IRC to encourage the timely development of a more cost effective commercial space transportation industry; introduced Jun. 14, 2001). C. H.R. 2189 (to amend IRC to allow the use of completed contract method of accounting for long-term naval vessel construction contracts; introduced Jun. 14, 2001). V. Other Please note that our next AC&P Committee Meeting will be held in conjunction with the ABA Annual Meeting - Sunday, August 5, 2001 (4:00 p.m. - 5:30 p.m.), Hotel Inter-Continental, Burnham, 8th Floor, South Tower, 505 North Michigan Avenue, Chicago, Illinois.
AGENDA August 5, 2001 Meeting I. Informational Items A. Richlin Security Service Co. v. Immigration and Naturalization Service, No. 00-1134 (Fed. Cir. Jul. 2, 2001) (contractor who underpaid employees under erroneous wage
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determination need not pay back wages until it receives reimbursement from contracting agency). Kearfott Guidance & Navigation Corp., ASBCA No. 45536 (Jun. 29, 2001) (allowability of costs for contractor that used purchase method of accounting for business combination before the July 23, 1990 change to FAR 31.205-52 is limited to amount that would have been allowed had the combination not taken place). BAE Systems Information & Electronic Systems Integration, Inc., ASBCA No. 44832 (Jun. 29, 2001) (another pre-July 23, 1990 business combination case with same result as Kearfott Guidance & Navigation Corp.). Analytical Assessments Corp., ASBCA Nos. 52393 & 52394 (Jun. 25, 2001) (government entitled to recover amounts paid under cost plus fixed fee prime contract because bankrupt subcontractor failed to maintain adequate supporting documentation). Financial Accounting Standards Board News Release Re: Statements No. 141, Business Combinations, and 142, Goodwill and Other Intangible Assets (Jul. 20, 2001). "House GOP Members Urge Revocation of Contractor Responsibility Rule," Federal Contracts Report (Jul. 24, 2001). Army, Final Rule, Report on Use of Employees of Non-Federal Entities to Provide Services to Department of the Army, 66 Fed. Reg. 36711 (Jul. 13, 2001). GAO, Notice of Document Availability, Advisory Council on Government Auditing Standards; Government Auditing Standards; Independence, 66 Fed. Reg. 34934 (Jul. 2, 2001). Volunteer Needed: AC&P Representative to Legislative Coordinating Committee (next meeting September 20, 2001).
II. CAS Board Developments A. Post-Retirement Benefits Other than Pension (PRB) B. Employee Stock Ownership Plans (ESOP) C. CAS Streamlining III. Regulatory Developments IV. Legislative Developments A. Service Acquisition Reform Act (SARA), draft section-by-section analysis. B. E-Government Act of 2001, draft section-by-section analysis. C. S. 1152 and H.R. 721, Truthfulness, Responsibility, and Accountability in Contracting Act of 2001 (TRAC) D. H.R. 2547, Erroneous Payments Recovery Act of 2001 E. S. 1155, National Defense Authorization Act for Fiscal Year 2002 V. Other Next AC&P Committee Meeting - Tuesday, September 11, 2001, Howrey Simon Arnold & White, LLP, 1299 Pennsylvania Avenue, N.W., Washington, D.C. 20004.
AGENDA September 11, 2001 Meeting I. Informational Items A. Landmark Land Co. v. United States, 256 F.3d 1365 (Fed. Cir. 2001) (dividends paid to contractor before government's breach resulted from contractor's management of the
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thrifts and not contractual actions, and therefore did not reduce contractor's restitution damages). United States v. Mackby, No. 99-15605 (9th Cir. Aug. 16, 2001) (False Claims Act's civil sanctions are subject to analysis under the Excessive Fines Clause of the Eighth Amendment because they are, at least in part, punitive; remands to district court to determine whether statutory penalty and treble damages (totaling $729,454.92 for Medicare overpayments of $58,151.64) were unconstitutionally excessive). United States ex rel. Barajas v. United States, No. 99-55599 (9th Cir. Aug. 3, 2001) (because suspension and debarment proceedings can be an "alternative remedy" within the meaning of the False Claims Act, qui tam relator was entitled to share of government's administrative settlement). Teledyne, Inc. v. United States, Nos. 96-782C, 97-792C & 97-659C (Fed. Cl. Aug. 9, 2001) (under original CAS 413-50(c)(12) a sale is a segment closing, the adjustment is limited to the surplus attributable to pension costs reimbursed under CAS-covered, flexibly-priced contracts, and the adjustment is made in the year of the segment closing; amended CAS 413 is not impermissibly retroactive but constitutes a mandatory change in cost accounting practices, entitling the contractor to an equitable adjustment in the amount the segment closing adjustment under amended CAS 413 exceeds the amount the segment closing adjustment would have been under original CAS 413, and any question regarding the CAS Board's authority to adjust fixed price contracts has been mooted by amendments to FAR 31.205-6(j)(4).). United Technologies Corp., Pratt & Whitney, ASBCA Nos. 474116 et al. (Jul. 30, 2001) (revenue sharing payments made to foreign collaborators do not constitute a cost for parts and need not be included in indirect cost allocation bases). Xerox Corp. v. General Services Administration, GSBCA No. 15190 (Jul. 27, 2001) (rejecting government's argument that contractor underpaid the Industrial Funding Fee on its multiple award schedule contract by basing its payment on the price actually paid, including trade-in allowances, because contractor's offer was conditioned on understanding that trade-in allowances would not be included). Eastman Kodak Co., ASBCA No. 51326 (Jul. 24, 2001) (contractor must refund pension costs reimbursed under flexibly-priced contracts during years in which pension plan was overfunded, even though there were prepayment credits assignable to those years). Active Fire Sprinkler Corp. v. General Services Administration, GSBCA 15318 (Jul. 11, 2001) (contractor not entitled to Prompt Payment Act interest on funds improperly withheld because the withholdings resulted from a legitimate Department of Labor investigation). DoD, Notice of Delay in the Implementation of 10 U.S.C. § 2277 (Electronic Processing of Claims for Payment), 66 Fed. Reg. 43841 (Aug. 21, 2001). DCAA Audit Guidance on Performance-Based Payments (Jul. 20, 2001). Director, Defense Procurement Reply to Proposed Change to FAR 31.205-18 Definition of IR&D (Jul. 9, 2001).
II. CAS Board Developments A. Post-Retirement Benefits Other than Pension (PRB) B. Employee Stock Ownership Plans (ESOP) C. CAS Streamlining III. Regulatory Developments A. FAR, Proposed Rule, Definition of "Claim" and Terms Relating to Termination, 66 Fed. Reg. 42921 (Aug. 15, 2001) [comments due Oct. 1, 2001].
B. DFARS, Proposed Rule, Customary Progress Payment Rate for Large Business Concerns, 66 Fed. Reg. 44588 (Aug. 24, 2001) [comments due Sep. 10, 2001]. IV. Legislative Developments A. Amendment to H.R. 2586, Department of Defense Service Contracting Reform Act of 2001 (adopted by House Armed Services Committee on Aug. 1, 2001). B. "Rep. Davis Drafting Legislation to Allow Contractors to Share in Savings from Innovative Solutions," Federal Contracts Report (Aug. 14, 2001) and Draft Share-inSavings Bill. V. Other Next AC&P Committee Meeting - Tuesday, October 9, 2001, Howrey Simon Arnold & White, LLP, 1299 Pennsylvania Avenue, N.W., Washington, D.C. 20004. Carol Covey will be our guest speaker at the October meeting.
AGENDA October 9, 2001 Meeting I. Guest Speaker: Carol Covey, Deputy Director of Cost, Pricing and Finance, Office of the Director of Defense Procurement II. Informational Items A. McDonnell Douglas Corp. v. United States, No. 91-1204C (Fed. Cl. Aug. 31, 2001) (on remand, upholding Navy's termination for default of A-12 contract). B. Teledyne, Inc. v. United States, Nos. 96-782C, 97-792C & 97-659C (Fed. Cl. Aug. 9, 2001) (under original CAS 413-50(c)(12) a sale is a segment closing, the adjustment is limited to the surplus attributable to pension costs reimbursed under CAS-covered, flexibly-priced contracts, and the adjustment is made in the year of the segment closing; amended CAS 413 is not impermissibly retroactive but constitutes a mandatory change in cost accounting practices, entitling the contractor to an equitable adjustment in the amount the segment closing adjustment under amended CAS 413 exceeds the amount the segment closing adjustment would have been under original CAS 413, and any question regarding the CAS Board's authority to adjust fixed price contracts has been mooted by amendments to FAR 31.205-6(j)(4).). C. E.O. 13224, Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism (Sep. 25, 2001). D. FASB, Notice of New Exposure Draft, Accounting for National Defense PP&E and Associated Cleanup Costs, 66 Fed. Reg. 46633 (Sep. 6, 2001) III. CAS Board Developments A. Post-Retirement Benefits Other than Pension (PRB) B. Employee Stock Ownership Plans (ESOP) C. CAS Streamlining IV. Regulatory Developments A. DFARS, Proposed Rule, Changes to Profit Policy, 66 Fed. Reg. 48649 (Sep. 21, 2001) [comments due Nov. 6, 2001]. B. DFARS, Proposed Rule, Tax Exemptions (Italy), 66 Fed. Reg. 48652 (Sep. 21, 2001) [comments due Nov. 6, 2001].
V. Legislative Developments A. H.R. 2586, Defense Authorization for FY 2002 B. S. 1155, Defense Authorization for FY 2002 VI. Other Next AC&P Committee Meeting - Tuesday, November 13, 2001, Howrey Simon Arnold & White, LLP, 1299 Pennsylvania Avenue, N.W., Washington, D.C. 20004.
AGENDA December 11, 2001 Meeting Guest Speaker The Honorable Angela B. Styles, Administrator, Office of Federal Procurement Policy, will be our guest speaker for the December meeting. I. Informational Items A. Hughes Communications Galaxy, Inc. v. United States, Nos. 00-5109, 005119 (Fed. Cir. Nov. 13, 2001) (affirming COFC's damage award for breach of NASA's launch services agreement as a result of the government's post-Challenger accident decision to cease launching commercial satellites on shuttles). B. Charles G. Williams Constr., Inc. v. White, No. 01-1074 (Fed. Cir. Nov. 8, 2001) (vacating and remanding ASBCA decision that rejected contractor's Eichleay claim based solely on auditor's findings that contractor's overhead had been "fully absorbed" and contractor had impermissibly included both variable and fixed overhead expenses in its computation). C. Poly Design, Inc., ASBCA Nos. 48591 et al. (Oct. 26, 2001) (holding that under Buckhannon Board & Care Home, Inc. v. West Virginia Dep't of Health & Human Resources, 532 U.S. 598 (2001), contractor not entitled to attorney's fees under the Equal Access to Justice Act where it settled appeals without consent decree or judgment from the Board). D. DFARS, Final Rule, Overseas Use of the Purchase Card in Contingency, Humanitarian, or Peacekeeping Operations, 66 Fed. Reg. 55123 (Nov. 1, 2001). E. Defense Procurement, Cost, Pricing and Finance: FAR Part 31 Streamlining, Ad Hoc Committee's Report on Evaluation of Public Input. F. Director of Defense Procurement Memorandum, Changes to "Other Transactions" (OT) Guide for Prototype Projects (Nov. 20, 2001). II. CAS Board Developments A. Post-Retirement Benefits Other than Pension (PRB) B. Employee Stock Ownership Plans (ESOP) C. CAS Streamlining III. Regulatory Developments A. FAR, Proposed Rule, Progress Payment Requests Under Indefinite Delivery Contracts, 66 Fed. Reg. 57294 (Nov. 14, 2001) [comments due Jan. 2, 2002]. B. DFARS, Proposed Rule, Transactions Other Than Contracts, Grants or Cooperative Agreements for Prototype Projects, 66 Fed. Reg. 58422 (Nov. 21, 2001) [comments due Jan. 8, 2002]. IV. Legislative Developments
A. H.R. 3210, Terrorism Risk Protection Act (introduced Nov. 1, 2001; passed by House Financial Services Comm. Nov. 7th). B. H.R. 3230, American Small Business Emergency Relief and Recovery Act of 2001 (introduced Nov. 6, 2001). V. Other Next AC&P Committee Meeting - Tuesday, January 8, 2002, Howrey Simon Arnold & White, LLP, 1299 Pennsylvania Avenue, N.W., Washington, D.C. 20004.