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NSIAD-85-81 1 (1985-05-07)

handle is hein.gao/gaobabnre0001 and id is 1 raw text is: 

                                          r ,  %,                 '01-' I L
                       UNITED STATES GENERAL ACCOUNTING OFFICE  , ) G 9
                              WASHINGTON, D.C. 20548


  NATIONAL SECURITY AND
INTERNATIONAL AFFAIRS DIVISION                   MAY  7 1985



    B-218788                                                IIIP

    The Honorable Caspar W. Weinberqer                         126925
    The Secretary of Defense

    Dear Mr. Secretary:

          Subject: Improvements Needed in Department of Defense
                    Procedures -Th Prevent Reimbursement of
                    Unallowable Costs on Government Contracts
                    (GAO/NSIAD-85-81)

         On April 24, 1985, we testified before the Subcommittee on
    Oversight and Investigations, House Committee on Enerqy and Com-
    merce, on the need to improve the Department of Defense's
    (DOD'S) system to prevent payment of defense contractors'
    unallowable overhead costs. This hearing focused on question-
    able overhead billings by major defense contractors. Our testi-
    mony was based on our review of Administrative Contracting Offi-
    cer's (ACO's) final overhead cost settlements at 12 major DOD
    contracting activities. Enclosed is a copy of our testimony
    which provides additional details on our discussion of defense
    contractors' unallowable overhead costs.

         Our review noted that there were numerous instances where
    the Defense Contract Audit Agency (DCAA) was challenging, as
    unallowable expenses, significant amounts of contractor costs,
    but the ACOs were overruling DCAA and allowing a significant
    percentage of the costs questioned by DCAA. For example, at the
    12 contracting activities we reviewed, $31 million of costs
    challenged by DCAA as unallowable were introduced into negotia-
    tions. In the ensuing negotiations, the ACOs allowed into over-
    head $16.5 million, or 53 percent.

         Ambiguities in the Federal Acquisition Regulation (FAR)
    cause contractors, DCAA, and contracting officers to have
    different 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
    performing its overhead audits, uses the same FAR criteria but
    often arrives at a different interpretation and, therefore,
    questions the costs. If the contractor does not concede the
    questioned costs, they will be introduced into negotiations
    between the contracting officer and the contractor.


(396107)

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