Ashton Carter Memo – Handling Budgetary Uncertainty in Fiscal Year 2013

Ashton Carter MemoBy: Ryan Byrd

On January 10, 2013, Deputy Secretary of Defense Ashton Carter issued a memorandum for the secretaries of the various military departments regarding the handling of the budgetary uncertainty in fiscal year 2013.

In the memo, Mr. Carter identifies two sources of the budgetary uncertainty: the Continuing Resolution (CR) and the potential of the deferred sequestration. The CR holds the operating funding for the DoD at FY 2012 levels and could be extended to the end of the fiscal year if Congress does not enact appropriations bills for FY 2013. The potential sequestration could occur as early as March 1, 2013.

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GAO Report GAO-13-158 – Pension Costs on DoD Contracts: Additional Guidance Needed to Ensure Costs Are Consistent and Reasonable

By: Matt Franz

On January 22, 2013, the GAO issued a report on its review of DoD contractor pension costs. The review was performed in response to an increase in pension costs since the 2008 market downturn and the prospect of recent changes to Cost Accounting Standards (CAS) and Employee Retirement Income Security Act (ERISA) rules regarding the calculation of pension costs potentially resulting in further cost increases.

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GovCon Research Report: Volume 1, Issue 3

GovConResearchReport Image 2.pdfBerkeley Research Group’s Government Contracts Advisory Services (GCAS) practice keeps its clients up to date on the latest regulatory developments affecting the government contracts industry. This edition of the GovCon Research Report summarizes the critical regulatory and compliance issues contractors faced in the fourth calendar quarter of 2012. The issues are summarized by the following key subject-matter areas:

  • Key Federal Acquisition Regulation (FAR) Updates
  • Key Defense Acquisition Regulation (DFAR) Updates
  • GSA and VA Schedule Matters
  • Pertinent Government Accountability Office (GAO) Audit Reports
  • Other Relevant News

To read the full report, click here.

Unallowability of Costs Associated With Foreign Contractor Excise Tax

FAC 2005-65; FAR Case 2011-011

By: Ryan Byrd

This final rule amends FAR 31.205-41, 52.229-3, 52.229-4, 52.229-6, and 52.229-7 to implement certain requirements of section 301 of the James Zadroga 9/11 Health and Compensation Act of 2010 (Pub. L. 111–347), which imposes a 2-percent excise tax on certain federal procurement payments to foreign persons. The law amended the Internal Revenue Code by adding a new section 5000C.

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