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NSIAD-85-20 1 (1984-10-29)

handle is hein.gao/gaobabnnm0001 and id is 1 raw text is: 





                       UNITED STATES GENERAL ACCOUNTING OFFICE
                               WASHINGTON, D.C. 20548


  NATIONAL SECURITY AND
INTERNATIONAL AFFAIRS DIVISION

   B-216239                                         OCTOBER 29, 1984



   The Honorable Caspar W. Weinberger

   The Secretary of Defense

   Dear Mr. Secretary:

        Subject:   Ambiguous Federal Acquisition Regulation
                   Criteria on Defense Contractors' Public
                   Relations Costs (GAO/NSIAD-85-20)    f

        On July 25, 1984, we testified before the Subcommittee on
   Legislation and National Security of the House Committee on Gov-
   ernment Operations, on the need to strengthen the criteria gov-
   erning the allowability of defense contractors' public relations
   (PR) costs. This hearing focused on such expenses as advertis-
   ing; selling; entertainment; and trade, business, technical, and
   professional activity costs.

        Recently, we reviewed contracting officer final overhead
   cost settlements at 12 contracting activities.      Our work was
   performed   in accordance with    generally accepted government
   auditing standards.    In reviewing the settlements, we observed
   what we believe is a fundamental problem in the way these costs
   are treated in determining whether or not they are allowable.
   The problem lies in the ambiguity of certain Federal Acquisition
   Regulation (FAR) criteria for determining what is an allowable
   contract cost.

         This ambiguity causes contractors, the Defense Contract
   Audit Agency (DCAA), and contracting officers to have differing
   interpretations on allowability.     If a contractor believes a
   specific cost item is subject to interpretation, the contractor
   generally includes the cost in overhead.      DCAA, in doing its
   contractor overhead audits, and using the same FAR criteria,
   will often advise the contracting officer that in its opinion
   the costs should not be allowed in overhead. If the contractor
   does not concede the questioned costs, and if the contracting
   officer chooses not to unilaterally disallow the costs, they
   will be introduced into negotiations between the contracting
   officer and the contractor.


(942090)

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