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

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

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

  
                                   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

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
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

    1. Federal Procurement Institute, February 25-26, Annapolis, Maryland
    2. Next AC&P Committee Meeting — March 9, 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.


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