Contract Brief
Contents |
Introduction
Contract Briefings generally include a synopsis of all pertinent contract provisions, such as contract type, contract amount, product or service(s) to be provided, applicable Cost Principles, contract performance period, rate ceilings, advance approval requirements, precontract cost allowability limitations, and billing limitations.[1]
Requirements
Incurred Cost Submissions
If you have a flexibly priced contract you will most likely have the contract clause FAR 52.216-7 in your contract. That clause requires a contractor to:
- "Submit an adequate Final Indirect Cost Rate Proposal to the Contracting Officer (or cognizant Federal agency official) and auditor within the 6-month period following the expiration of each of its fiscal years."[2]
An adequate indirect rate proposal is required to have certain information. In addition, "supplemental information is not required to determine if a proposal is adequate, but may be required during the audit process."[3]. Contract Briefs will be required if you have Department of Defense (DoD) contracts, at a minimum during audit.
DCAA provides to contracts a "model incurred submission" template.[4] The requirements are also within the Defense Contract Audit Manual (DCAM) Chapter 6, Figure 6-8-1. DCAA states that a contractor need not use the example form if the information is already generated and available within its automated accounting or billing systems.
Billing System
A contractor will also be required to produce contract briefs during a billing system audit. The DCAA Audit Program requires, and reads as follows:
"However, if you determine that you can rely on the contractor’s brief based on testing in the first phase i.e., no errors are found on the tested briefs), in any subsequent phases, step 1 below can be limited to obtaining for our perm files any modifications issued since the last testing period and ensuring that you have an updated contract brief reflecting those modifications.
- 1.Contract Briefs. The purpose of this step is to determine if the contractor’s billing personnel have contract information that is current, accurate and complete as needed to prepare billings that are acceptable for
payment. "[5]
Post Award Audit
Contract Briefs are going to be required in a Post Award audit. The auditor is going to request a list of contracts that contain the Truth in Negotiations Act (TINA)contract clause(s). In conjunction, the auditor may request contract briefings related to those contracts, or subsequent to the master list provided, may request contract briefs selected from the master list. While the DCAA audit program pecifies that the auditor complete the brief, the auditor normally requests the brief, then either uses that contract brief in audit step 7, or updates the brief to capture additional information, or capture inaccuracies.[6] Contractors need to be prepared to provide DCAA with contract briefs when they are undergoing a Post Award audit.
Compliance with Financial Management Requirements[7]
DCAA is going to request Contract Briefs when performing this audit. DCAA needs to "determine, from contract briefing files or other available sources, those contracts which require limitation of cost reports, limitation of funds reports, or limitation on payment statements."[8]
Inflexibly (Fixed) Price Contracts
References and Notes
- ↑ DCAAM, Chapter 6, Figure 6-8-1; January 2005
- ↑ FAR 52.216-7(d) - Allowable Cost and Payment; FAC 2005-68; June 26, 2013
- ↑ FAR 52.216-7(d)(Iv) - Allowable Cost and Payment; FAC 2005-68, June 26, 2013
- ↑ DCAAP 7641.90 "Model Incurred Cost Submission.
- ↑ Master Document - Audit Program; G-01 - Review of Vouchers on Cost Type Contracts; Version 1.7 dated July 2013
- ↑ Postaward Audit, Version 7.2, dated August 2012
- ↑ DCAM 11-100 Section 1 -- Audit of Contractor Compliance with "Limitation of Cost," "Limitation of Funds," and "Limitation on Payments" Clauses
- ↑ DCAM 11-104.1 Determination of Reporting Requirements
