This is a cpff contract. Thirty days before the end of last year we did not know that there was a problem. In fact, I got an email from our finance department in November 2009 stating that the rates would remain flat and would not substantially change from the approved rates. Then the first week of January 2010 (I am assuming that Finance worked through Christmas), the company submitted new rates to DCAA which has a rate adjustment for last year. These rates have not been approved yet. (that is a whole other problem).
Using the old rates (which are the only approved rates that we have) the contract still has $100K left on it. If you add up all the costs throughout 2009 and apply new rates then we are about $300K over. So, I guess that theoretically I still have $100K left on the contract using the only approved rates that we have. But since the new rates were submitted and the company believes they will be accepted, they had me stop working on the program. We have not submitted a final invoice yet.
Example:
Total Contract Limit: $5M. (assume no fee for simpicity)
Total Costs on the contract from January 1 to December 31, 2009 using old approved rates was $4.9M.
Remaining: $100K at the end of December 31 using old approved rates.
January 3, new rates for 2009 submitted to DCAA 8% higher (comglomerate rate combining G&A, Overhead, etc. for simplicity)
Amount costs increased due to rate adjustment: $4.9M x 8% = $392K
Total Costs $4.9M + $392K = $5.292M
Amount over the $5M limit: $292K
Suppose this contract ended in September 2009 and I went right to the limit because in good faith the company did not know that there would be a rate increase. Now three months after the engineering is done and the final reports are submitted we recalculate our rates for the previous year. We then find out that we were over; wouldn't we be entitled to the money that we were over? I could even imagine that the rate adjustment could come years later. Certainly, there may be no money left in the specific program at that point. Where would the money come from?