Report on Examination of
Direct and Indirect Costs and Rates for Fiscal Year Ended March 31, 2001
December 2003
Reference
Number: 2004-1C-022
This report has cleared the Treasury Inspector General For
Tax Administration disclosure review process and information determined to be
restricted from public release has been redacted from this document.
December 8, 2003
MEMORANDUM FOR DAVID A. GRANT
DIRECTOR OF PROCUREMENT
INTERNAL REVENUE SERVICE
FROM: Daniel R. Devlin /s/ Daniel R. Devlin
Assistant Inspector General
for Audit (Headquarters Operations and
Exempt Organizations
Programs)
SUBJECT: Report on Examination of Direct and Indirect Costs and Rates for Fiscal Year Ended March 31, 2001 (Audit #20041C0213)
The
Defense Contract Audit Agency (DCAA) examined the contractor’s September 27,
2001, certified final indirect cost rate proposal and related books and records
for reimbursement of Fiscal Year (FY) 2001 incurred costs. The purpose of the examination was to
determine the allowability and allocability of direct and indirect costs and to
establish audit-determined indirect cost rates for April 1, 2000, through March
31, 2001. The proposed rates apply
primarily to flexibly priced contracts.
The
DCAA questioned costs of approximately $22.2 million in the contractor’s
claimed overhead and general and administrative (G&A) expenses. The questioned costs include approximately
$19.2 million in claimed overhead executive compensation costs for the
contractor’s FY 2001. In addition, this
questioned executive compensation resulted in $640,373 of questioned overhead
allocation to the G&A pool. The
DCAA indicated that the questioned costs resulted from a comparison of
executive compensation to that of comparable positions published in executive
market pay surveys. The DCAA questioned
the executive compensation costs based on application of the allowability and
reasonableness criteria of the Federal Acquisition Regulation Part 31.
The
questioned costs also include approximately $2.1 million in claimed corporate
allocation cost. This questioned cost
is the result of the DCAA’s reconciliation of the claimed corporate allocations
to the contractor’s FY 2001 corporate audit report. The corporate allocations include expressly unallowable costs and
are subject to penalties. The
contractor concurred with all the questioned cost except for approximately $18.9
million of questioned executive compensation and related $630,476 of the questioned
overhead effect on G&A expenses.
The
DCAA opined that the contractor’s indirect rates are not acceptable as
proposed. However, claimed direct
costs, subject to the qualifications discussed below, are acceptable and
provisionally approved pending final acceptance.
The
DCAA qualified its audit report because results of the assist audits for the
subcontract costs had not been received.
The results of the assist audits may disclose additional questioned
costs. Also, the DCAA indicated that
the contractor’s home office has been cited as being in noncompliance with Cost
Accounting Standard 405 for failing to identify and exclude expressly
unallowable costs from its incurred cost submission. A final determination on this noncompliance may lead to additional
questioned costs. Additionally, the
DCAA stated that subsequent audits or reviews of insurance, pension, and other
fringe benefits may supplement the findings in this report.
Although
this DCAA report is dated November 14, 2002, we did not receive a copy of the
report until November 2003. Neither the
Internal Revenue Service (IRS) nor the Treasury Inspector General for Tax
Administration (TIGTA) are shown on the DCAA report distribution list, even
though IRS-administered contracts were included in the scope of the DCAA
report.
The
information in this report should not be used for purposes other than those
intended without prior consultation with the TIGTA regarding their
applicability.
If you have any questions, please
contact me at (202) 622-8500 or John R. Wright, Director, at (202) 927-7077.
Attachment
NOTICE:
The Office of Inspector General for Tax Administration has
no objection to the release of this report, at the discretion of the
contracting officer, to duly authorized representatives of the contractor.
The contractor information contained in this report is
proprietary information. The
restrictions of 18 U.S.C. § 1905 must be followed in
releasing any information to the public.
This report may not be released without the approval of
this office, except to an agency requesting the report for use in negotiating
or administering a contract with the contractor.
The TIGTA seal was removed due
to its size.