ABA Section of Public Contract Law
Accounting, Cost & Pricing Committee

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

 

ABA Section of Public Contract Law
Accounting, Cost & Pricing Committee

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:

1. NPRM: Changes in Cost Accounting Practices

2. Staff Discussion Paper: Post-Retirement Benefit Plans

3. Staff Discussion Paper: Allocation of Selling and Marketing Costs

B. 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)


ABA Section of Public Contract Law
Accounting, Cost & Pricing Committee

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)

III. 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).

 

ABA Section of Public Contract Law
Accounting, Cost & Pricing Committee

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


ABA Section of Public Contract Law
Accounting, Cost & Pricing Committee

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.

B. Revision to OMB Circular A-21 Extends CAS for Educational Institutions to Grants

C. 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


ABA Section of Public Contract Law
Accounting, Cost & Pricing Committee

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 90-38]

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 Developmenents

 

A. SPECIAL PRESENTATION BY BILL KEEVAN -- Section 808 of the FY 1996

Defense Authorization Act: Defense Capability Preservation Agreements -- Special Indirect Cost

Reimbursement Rules

 

B. Potential DoD-unique proposed FY 1997 acquisition legislation (may concern recoupment)

C. General Dynamics Corp. v. U.S. (D.C. C. D Ca; No. 89-6762) (DIVADS Litigation)

D. Other organization comments

E. DoD use outside audit services -- Attestation Audits

F. GAO Survey of DCAA Defective Pricing and Incurred Cost Audits


ABA Section of Public Contract Law
Accounting, Cost & Pricing Committee

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


ABA Section of Public Contract Law
Accounting, Cost & Pricing Committee

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 Post- Retirement 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


ABA Section of Public Contract Law
Accounting, Cost & Pricing Committee

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)


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