Let's Play Who's the CFAO!

[Username]

Situation: IDIQ Contract awarded by civilian agency

Contractor has a DCMA DACO (DCMA is Cog Fed Agency per FAR 42.003)

Prime set up non legal entity CAS segment to execute task order

Task Order administered at civilian agency as far as payments, task order mods, surveillance, etc.

Task Order (at Task Order CAS segment level) is fully subject to CAS and requires D/S

Who is responsible for the four contract admin functions set apart in FAR 42.302 for FPRA's, final indirect rates, CAS/DS, and Accounting System for the CAS segment the prime is executing the task order with?

I've talked to DCAA, a couple of CO's and a DACO at another DoD location and I really don't have a firm answer.

I believe it's the civilian agency CO at their contract admin office, per FAR 42.302. That CO says no it should be the DCMA DACO for the CAS. Although the civilian agency CO is taking responsibility for the accounting system. I think the civ agency CO is getting CFAO and CACO/DACO confused and is sure it will result in their taking overall all the current DCMA DACO responsibilities for the contractor above the task order CAS segment level.

If it is, or can be the civ agency CO, does there have to be any formal designation from the DCMA DACO?

So....whose name goes on the D/S????

[here_2_help]

Great questions, but why do you care? You are responsible for executing the requirements of your solicitation and/or contract. You are not responsible for how your Federal customers execute the FAR requirements imposed on them.

You ask, "Whose name goes on the D/S????" -- but if you don't have a CFAO assigned, just put "Unassigned" on the line and move on.

Who do you send the D/S to? Nobody, unless somebody asks for it.

You are not the only Federal contractor who has fallen between the cracks of the cognizance silos. The old adage about "sleeping dogs" is worth considering in these circumstances. Also consider the saying about "Be careful what you ask for ..."

Hope this helps.

[Username]

I'm part of the civ agency....and I'm trying to coordinate the audit activity with DCAA,(accounting system, forward pricing rates, and the D/S). The D/S was received as part of the Request for Task Order process and still contains a lot of 'when we get the award language. We've done the walk through of the task order with the CAS segment and DCAA. DCAA's issued their inadequacy memo (including no CFAO on the D/S line) and now I need either our CO or the DCMA DACO to issue a memo to the contractor they have 30 days to revise the initial (pre-award) D/S. DCAA's memo was sent to both our CO and the DCMA CO and neither are acting on it and I can't seem to get a dialogue going between the two of them....

[Username]

In the absence of any other response/advice I'm going to recommend the CFA (DCMA) DACO provide a designation letter that our civ CO will be the CFAO for the CAS/DS, Accounting System, final indirect and forward pricing rates for only the FFS CAS segment executing the task order.

[here_2_help]

Username,

Okay, now I better see your quandry. Neither CO accepts responsibility for the contractor and, among other things, the D/S is inadequate unless the contractor picks one. So nice.

I was under the impression that only a CO (and not DCAA) could determine that a contractor's D/S was adequate/inadequate.

Not sure what else to say. Maybe somebody smarter than me will help you.

H2H

[Username]

DCAA has a provided a memo stating what areas of the pre-award D/S are incorrect or require clarification now that we have an award. I need a CO to request the contractor to revise the D/S. Once the D/S is revised, then DCAA will perform a compliance audit of the D/S to determine if they are accumulating costs in accordance with the D/S. Used to be DCAA did an adequacy audit then compliance. DCAA no longer performs adequacy audits. They just provide informal memos listing what they find makes the D/S inadequate. (Hair splitting I know.)

Thanks for your response Here 2 Help.

[here_2_help]

Username

What if DCAA is wrong? Is there any possibility that a CO might disagree and overrule the memo? You know, exercise some sort of independent business judgment instead of just accepting the audit findings as gospel? Actually make the determination instead of accepting the determination made by DCAA?

As a side note, you should probably understand that when DCAA issues a memo instead of an audit report, that means Generally Accepted Government Auditing Standards (GAGAS) was not required to be complied with. There is no guarantee that DCAA's quality control procedures were used. That doesn't mean that DCAA is wrong; but it does mean that the probability of DCAA being wrong has increased vice a "normal" audit report issued IAW agency procedures and quality controls.

I can tell my frustration with the current oversight system is spilling over into this response. Apologies to any government employee I may have inadvertently offended.

H2H

[Retreadfed]

I agree with H2H that DCAA memos or audit reports are advisory only. It is the cognizant agency official's responsibility to issue adequacy and compliance decisions in regard to a DS. Also, I have a recollection that a CAO cannot delegate responsibilities under the CAS to another contracting officer. I have not looked them up, but I know there are CDA decisions on this point. Thus, if DCMA is the proper agency to have an ACO administer the CAS at the segment, a delegation like you describe would be of no effect. Check with you legal office about this proposed delegation.