MEMORANDUM OF UNDERSTANDING
between
Defense Contract Audit Agency
and
Department of Transportation
(Conformed to include Amendment 0001 of February, 1997)
ADMINISTRATIVE HISTORY
The basic MOU had final signatures dated December 3, 1996 and had an expiration date of January 31, 1996. Amendment 0001 extends the MOU indefinitely with the exception of Annex II which includes fiscal year billing rates. Basically, Amendment 0001 provides for multiple billing points of contact within DOT as opposed to the single billing point cited in the basic MOU. Since Annex I and III of the basic MOU were not changed by Amendment 0001, they were retained in this conformed MOU.
1. PREAMBLE
It is noted that although some portions of the Department of Transportation, such as the Federal Aviation Administration, may be exempt from the requirements of the Federal Acquisition Regulations (FAR), orders issued under this agreement will be consistent with the FAR as supplemented.
2. PURPOSE
Pursuant to FAR Subpart 42.1, Interagency Contract Administration and Audit Services, this basic Memorandum of Understanding (MOU) is established to enable the contracting officers of the Department of Transportation (DOT) Operating Administrations (OAs) (as defined in paragraph 3. below) to place interagency agreements for contract audit services, in accordance with the terms and conditions of this MOU. DCAA will be fully reimbursed for services performed in accordance with this MOU. The individual interagency agreements will be in the form of orders pursuant to the Economy Act and consistent with applicable regulations (FAR Subpart 17.5, Interagency Acquisitions Under the Economy Act).
In addition, this memorandum sets forth an understanding of contract audit coverage and related audit services which the Defense Contract Audit Agency (DCAA) will provide to the Department of Transportation, also referred to as "the customer." Questions concerning provisions or implementation of this agreement will be coordinated between the Office of the Assistant Director, Operations, for DCAA and the customer. Names, phone numbers, and addresses of applicable contact points can be found in Annex I to this agreement.
3. DEFINITIONS
a. The Department of Transportation is comprised of Operating Administrations (OAs). OAs include, but are not limited to, the TASC, United States Coast Guard, Federal Aviation Administration, Federal Highway Administration, Federal Railroad Administration, National Highway Traffic Safety Administration, Federal Transit Administration, St. Lawrence Seaway Development Corporation, Maritime Administration, and Research and Special Programs Administration.
b. "Abnormal travel" is defined as travel which is outside the geographical area of responsibility normally serviced by a particular field audit office.
c. "Cognizant audit agency" as used in this MOU is defined as the agency with the responsibility, authority, or control to perform Federal contract audits at a specific company or non-profit entity. DCAA cognizance is determined by one of the following:
Once DCAA is determined to be the cognizant audit agency, the responsible audit office within DCAA is determined based on the level of audit activity and geography. If the audit activity is significant, DCAA will establish a Resident Audit Office. Otherwise, the responsible audit office is determined based on the geographical location of the contractor. Geographical areas of responsibility for each office are defined in the Directory of DCAA Offices, DCAAP 5100.1.
4. INTERAGENCY AGREEMENT ORDER (IAO) REQUIREMENTS
a. Audit services will be provided only after the issuance of an interagency agreement order (IAO) by the customer. A sample IAO is provided at Annex IV. When completed and signed by a DOT contracting officer, this may be used as an IAO which cites this MOU.
b. IAOs shall comply with FAR 17.504, Ordering Procedures, and shall be approved and signed by the customer's contracting officer.
c. An OA funds citation shall be placed on each IAO and funds shall be obligated by the OA. Additionally, each order shall provide a funding limitation applicable to the order which shall not exceed the funds obligated.
d. IAOs may be modified, but not to reduce obligated amounts to less than the funds required to fully reimburse DCAA for audit services performed. Funds management of IAOs will be compliant with the Economy Act.
e. To obtain services, IAOs shall be forwarded directly to the appropriate DCAA cognizant audit location as specified in the Directory of DCAA Offices (DCAAP 5100.1).
5. DCAA BILLING RESPONSIBILITIES
a. Audit services will be provided by DCAA on a reimbursable basis. Reimbursement will be based on billable audit hours at the prevailing interagency billing rate. Abnormal travel and per diem expenses required to accomplish audits are not included in the standard hourly rate and are subject to separate billing. DCAA will obtain customer approval prior to the incurrence of abnormal travel.
b. When requested by the customer, DCAA will provide the customer with its best estimate of rates and hours for the customer's use in outyear projections. These estimates will be updated on a recurring basis whenever a significant change becomes known (such as a billing rate change announced by the Department of Defense).
c. DCAA will normally bill within 30 days following the end of the month in which services are performed.
6. DCAA AUDIT RESPONSIBILITIES
a. After issuance of an IAO pursuant to this MOU, DCAA shall perform all services specified in the order in accordance with the terms of this basic MOU, terms of the IAO, and the FAR.
b. The criteria in the DCAA Contract Audit Manual (DCAAM 7640.1) will be used to determine the following:
c. At contractor locations where DCAA has audit cognizance, DCAA will respond to specific requests from the customer or their designee for contract audit coverage as follows:
d. At a contractor location where DCAA is requested to perform an audit, but has never had an audit presence, or has not audited at that contractor location for the past several years, DCAA will try to accommodate the customer's audit request. Such decisions are made on a case by case basis when there is sufficient information to show that it would be in the best interest of the government for DCAA to conduct the audit.
e. DCAA will provide estimates of billable time and starting and completion dates for the audit upon request. These estimates are to be used only for planning purposes; total hours and timeframes incurred may differ. After receipt of an IAO from the customer, DCAA will acknowledge acceptance or rejection of the order, in writing, within 15 days. The assignment will be set up and completed in accordance with established procedures.
f. DCAA will notify the customer if the cost of an audit appears likely to increase above the amount previously agreed before such increase occurs. In such an event, the customer shall either:
g. DCAA will solicit input from the customer or their designee during the budget formulation process for succeeding year audits, to assure that customer concerns are addressed in planning. The budget process normally takes place in August of each year.
h. Headquarters, DCAA, will promptly transmit to the customer and the customer's Inspector General reports of suspected contractor fraud or other wrongdoing whether disclosed by outside sources or detected through performance of the contract audit function. If the customer initiates an investigation, and audit support is ordered by the customer or through the Department of Justice, the benefiting government agencies will be expected to fund their pro rata share of the audit support.
i. DCAA field offices will promptly send a copy of the audit report to the contracting office point of contact designated in the IAO. If the order does not identify a distribution address, DCAA will furnish one copy to the DOT contracting officer who signed the IAO.
j. DCAA will make available audit working papers relating to a customer's contract upon request. The customer will review such workpapers at the applicable DCAA office and can make copies of any workpapers deemed appropriate. DCAA will retain the original workpapers in DCAA files.
7. CUSTOMER RESPONSIBILITIES
a. The customer will issue IAOs for audits and address them directly to the cognizant DCAA field office. At a minimum, the following items will be included in the IAO.
b. Contracts to be covered by audits shall include an access to records clause and a clause incorporating the cost principles set out in the FAR or other applicable agency guidelines, as appropriate.
c. The customer is responsible for follow-up on the contracting officers' implementation of DCAA audit recommendations.
d. When the customer becomes aware of any internal or external reviews, including reviews by the customer, GAO, investigative agencies, etc., which may impact on the audit services furnished by DCAA, the customer will notify and will coordinate in advance with the local DCAA office affected by the review. If several DCAA offices will be affected by the review, the customer can coordinate in advance with the Office of the Assistant Director, Operations, DCAA. In this regard, to the extent the customer has control, appropriate sections of draft reports which result from such reviews will be provided to permit comment on those matters involving DCAA.
e. Generally, the customer will use DCAA audit services to perform all contract audit functions at locations where DCAA is the cognizant auditor to preclude dual or split audit cognizance, unless DCAA acknowledges, or the customer determines, that DCAA cannot provide the assistance required because: it concerns matters beyond the proper role of DCAA, it would result in undue delays or inefficiencies in the accomplishment of customer objectives, or it is not in the best interest of the government.
8. DURATION
This MOU may be terminated by either party at any time by issuance of a written notice 60 days in advance of the intended termination date.
9. ANNEXES
a. The following Annexes are enclosed and considered an integral part of this agreement;
Annex I--CUSTOMER CONTACT POINTS FOR MEMORANDUM OF UNDERSTANDING
Annex II--ANNUAL FINANCIAL AGREEMENT
Annex III--MEMORANDUM OF UNDERSTANDING REGARDING COST REIMBURSEMENT VOUCHER
Annex IV--SAMPLE INTERAGENCY AGREEMENT ORDER
b. Further Annexes to this MOU may be negotiated by the responsible agencies' executives and will be treated as an integral part of this agreement.
(original signed by)
David J. Litman
Department of Transportation
Senior Procurement Executive
February 27, 1997
(original signed by)
Russell J. Richards
Department of Defense
Defense Contract Audit Agency
Assistant Director Operations
February 18, 1997
1. PURPOSE
This annex identifies the names, titles, addresses, and phone numbers of the appropriate contact points for DCAA and the customer and customer designees as discussed in the Memorandum of Understanding (MOU). It is recognized that individuals and organizations change periodically. It is intended that this Annex be updated as necessary without changing the content of the MOU. Updates to this Annex will be coordinated between the Office of the Assistant Director, Operations, for DCAA and the customer.
2. CUSTOMER CONTACT POINTS
a. The following individual should be contacted for questions concerning provisions or implementation of the MOU:
3. DCAA CONTACT POINTS
4. PROCEDURES REGARDING REQUESTS FOR AUDIT SERVICES
Audit services shall be requested through the issuance of IAOs. IAO requirements are outlined in item 4 of the basic MOU.
5. PROBLEM RESOLUTION PROCEDURES REGARDING AUDIT SERVICES
a. In the event the customer is not satisfied with the content of a DCAA audit report, generally, the quickest method of resolving this is for the customer to discuss their concerns with the Field Audit Office Manager of the DCAA office providing the service. If the customer does not receive satisfactory resolution to their concerns at this level, the customer should contact the Regional Audit Manager responsible for the applicable field office. If a satisfactory resolution is still not received, or if the customer wants to discuss a problem with someone at DCAA Headquarters, the customer should contact the Audit Liaison Division, Operations, DCAA Headquarters, to voice their concerns. This division will identify the appropriate individuals required to achieve customer resolution and advise senior level agency management of significant agency problems.
b. The phone numbers for these individuals are identified in the Directory of DCAA Offices, DCAAP 5100.1. Government agencies may obtain this directory through Government Printing Office (GPO) open rider requisition procedures. Interested agencies should forward a completed SF-1, Printing and Binding Requisition, to:
Superintendent of Documents
U.S. Government Printing Office
Washington, DC 20402
(original signed by)
David J. Litman
Department of Transportation
Senior Procurement Executive
December 3, 1996
(original signed by)
Russell J. Richards
Department of Defense
Defense Contract Audit Agency
Assistant Director Operations
ANNEX II
ANNUAL FINANCIAL AGREEMENT
between
The Defense Contract Audit Agency
and
Department of Transportation
FISCAL YEAR 2002
I. PURPOSE
This annex, known as the Annual Financial Agreement (AFA), to the Memorandum of Understanding between the Defense Contract Audit Agency and the Department of Transportation sets forth the financial provisions under which reimbursable audit services are provided.
II. AUTHORITY
Unless otherwise specified in the Interagency Agreement Order (IAO), DCAA reimbursable audit services will be provided under the authority of the Economy Act of 1932, as amended (31 U.S.C. 1535).
III. SCOPE OF WORK
Services are to be provided under the provisions stated in the standard Memorandum of Understanding (MOU) between the Defense Contract Audit Agency and the Department of Transportation.
IV. DURATION OF THE AGREEMENT
This annex is operative for work to be performed through 30 September 2002, unless otherwise modified.
V. RATES FOR AUDIT SERVICES
DCAA will provide audit services on a reimbursable basis. Reimbursement will be based on applying billable audit hours to the billing rate approved by the Secretary of Defense. The hourly rate, which is computed annually is reviewed in detail by the Accounting Policy level of the Department of Defense, and, upon approval by the Secretary, remains in effect for each respective fiscal year.
VI. AUTHORIZATION FOR AUDITS
The following individuals are the authorizing officials for audits for the various Operating Administrations within DOT.
DTCG - Coast Guard - Tom Waites - (202) 267-1182
DTFA - Federal Aviation Administration - David Schwartz - (202) 267-3686
DTFH - Federal Highway Administration - Adams Jean-Pierre - (202) 366-2044
DTFR - Federal Railroad Administration - Illona Williams - (202) 493-6130
DTFT - Federal Transit Administration - Lucy Jackson - (202) 366-4980
DTMA - Maritime Administration - Iris Cooper - (202) 366-9081
DTNH - National Highway Traffic Safety Administration - Joe Comella - (202) 366-9568
DTTS - Transportation Administrative Service Center - Mark Welch - (202) 366-4971
DTRS - Research and Special Programs Administration (including Volpe) - Tom Scott - (202) 366-4538
DTSL - Saint Lawrence Seaway Development Corporation - Linda Harding - (315) 764-3244
DTSA- Transportation Security Administration – Heather Morvant - (202) 493-0993
VII. BILLING PROCEDURES
DCAA will submit monthly bills for payment to the DOT points of contact cited below, using the criteria cited below. The request will be either an Intragovernmental Payment and Collection (IPAQ) System transaction or a billing invoice (SF 1080) mailed from DFAS, Columbus Center. With all requests for payment, DFAS will provide supporting detail. To the extent possible, supporting detail will be transmitted electronically (to e-mail addresses listed below, or via facsimile). In the event that electronic transmission is not possible, the supporting detail will be mailed to the physical addresses below.
Bills may be consolidated for single billing addresses. For instance, all billings for work authorized by IAOs with CG in the third and fourth position of the PIIN will be sent to the Coast Guard office in Chesapeake, Virginia. A typical PIIN assigned by the DOT to an IAO includes coded information. The third and fourth positions indicate the DOT Operating Administration, for example FA identifies the Federal Aviation Administration. Below is a table which correlates the alphas in the third and fourth position of the PIIN to the DOT point of contact for billing purposes.
CG indicates Coast Guard (FCID 0303). Bill to:
FA indicates Federal Aviation Administration (FCID 0301). Bill to:
FH indicates Federal Highway Administration (FCID 0304). Bill to:
FR indicates Federal Railroad Administration (FCID 0308). Bill to:
FT indicates Federal Transit Administration (FCID 0306). Bill to:
MA indicates Maritime Administration (FCID 0311). Bill to:
NH indicates National Highway Traffic Safety Administration (FCID 0309). Bill to:
TS indicates Transportation Administration Service Center (TASC; FCID 0305). Bill to:
RS indicates Research and Special Programs Administration (FCID 0307/0310). Bill to:
All Volpe Reimbursable Agreement are identified by a “57” in the 5th and 6th agreement number positions, e.g. DTRS57-02-X-0001 (FCID 0310)
SA indicates Transportation Security Administration (FCID 0320). Bill to:
VIII. PAYMENT PROCEDURES
Under the provisions of 31 CFR 208, and The Debt Collection Improvement Act of 1996, federal payments are to be made electronically through the IPAC System. If your agency has not established procedures for OPAC transactions, please contact Mr. Jim Lightford, Financial Specialist, DFAS-CO-TAAR at 614-693-7532 or e-mail him at james.lightford@dfas.mil. In order for him to prepare an IPAC Trading Partnership Agreement, he needs the following information: your agency name, agency location code (ALC), name/title/telephone number of the authorized signee, and name, telephone number and fax number of the billing point of contact.
Until such time as IPAC procedures have been established with DFAS-Columbus Center (DCAA's accounting service provider), check payment(s) should be mailed within 30 days of the date of the invoice to:
A copy of the request for payment (Form 1080) should be included with your check, made payable to DFAS (DCAA). In order for DFAS to post your payment properly, the check must reference the specific DCAA bill number (from Form 1080) being paid, and should include the following information in the memo line: 9720100 4690 049 033181 B9 A2. Failure to provide this information on your check could cause undue delays or errors in posting to your account.
In accordance with the Economy Act and federal financial management regulations, bills rendered shall not be subject to audit in advance of payment. In as much as all payments will be transmitted directly to DFAS-CO without explanation, a remittance advice denoting the amount paid, the monthly bill being paid, and, if not paid in full, an in-depth explanation why a portion of a billing is being withheld must be provided to:
IX. RESPONSIBILITIES
X. SPECIAL BILLING
DCAA agrees to provide the Department of Transportation the following specific billing information:
XI. CONTESTED BILLINGS
In the event a bill is unclear or in dispute:
Final notice of discontinuation of services, if appropriate, will occur 30 days following such notification.
XI. FY 2002 COST ESTIMATE
The FY 2002 hourly billing rate approved by DoD for Federal customers is: $87.70.
XII. SIGNATORIES
This agreement and any subsequent changes thereto will be effective when executed by the Chief, Financial Management Division, DCAA, and an authorized representative of the Department of Transportation.
| Department of Transportation |
Department of Defense Defense Contract Audit Agency |
|
| {original signed by} David J. Litman Senior Procurement Executive |
NAME TITLE |
{original signed by} William S. Torrick, Chief Financial Management Division |
| April 19, 2002 | DATE | April 9, 2002 |
Cover Letter for Memorandum of Understanding Return to Office of Acquisition and Grant Home Page