Incurred Costs Audit for Fiscal
Year Ended March 31, 2002
March 2004
Reference
Number: 2004-1C-078
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.
March 30, 2004
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: Incurred Costs Audit for Fiscal Year
Ended March 31, 2002 (Audit
#20041C0224)
The
Defense Contract Audit Agency (DCAA) examined the contractor’s November 18,
2002, certified final indirect cost rate proposal and related books and records
for reimbursement of Fiscal Year (FY) 2002 incurred costs. The purpose of the examination was to
determine the allowability of direct and indirect costs and to establish
audit-determined indirect cost rates for April 1, 2001, through March 31,
2002. The proposed rates apply
primarily to flexibly priced contracts.
The
DCAA questioned costs of approximately $30.4 million in the contractor’s
claimed fringe, overhead, and general and administrative (G&A)
expenses. The DCAA believes indirect
costs questioned in this examination are subject to penalties provided in the
Federal Acquisition Regulation (FAR).
The questioned costs include approximately $22.9 million in claimed
overhead executive compensation costs for FY 2002. In addition, the questioned executive compensation costs resulted
in $781,786 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 reasonableness criteria of the FAR Part 31.
The
questioned costs also include approximately $5.9 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 2002 corporate audit report. The contractor concurred with DCAA’s results except for the
finding and recommendations relating to executive compensation and related
overhead costs applied to the questioned executive compensation.
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.
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.
The
information in this report should not be used for purposes other than those
intended without prior consultation with the Treasury Inspector General for Tax
Administration 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.