5794
      AUDIT GUIDE
           FOR
    EPA CONTRACTS
    ENVIRONMENTAL PROTECTION
           AGENCY

       WASHINGTON, D.C. 20460


          FEBRUARY 1976

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B.7581 Galley 01

This document is not a replacement to the Acts, the regulations, the guidelines, or thk
official EPA policy statements. It is a supplement to these documents, providing basic
audit guidance and showing example audit reports. Any clarifications and the specific
conditions of each audit should be discussed with the appropriate EPA audit Manager.

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                            TABLE OF CONTENTS
Chapter                                                                Page

1:  INTRODUCTION                                                       1.1
   1.1 Purpose of Audit Guide                                              1.1
   1.2 Authority for Audit                                                  1.1
   1.3 Standards of Audit                                                  1.1
   1.4 Audit Objectives                                                    1.1
   1.5 Matters Requiring Immediate Attention                                1.2
   1.6 Quality Control                                                     1.2
2:  BACKGROUND ON CONTRACTING                                    2.1

   2.1 General                                                            2.1
   2.2 Methods of Procurement                                             2.1
   2.3 Types of Contracts                                                  1.2
   2.4 Rules, Regulations and Requirements                 .                 2.3

3:  PRELIMINARY PROCEDURES                                         3.1

   3.1 Preliminary Planning                                                3.1
   3.2 Preparing for the Audit                                              3.1
   3.3 Entrance Conference                                                3.2
   3.4 Initial  Field Audit Procedures                                        3.2

4: AUDIT OF COSTS                                                     4.1
   4.1 Basic Guidelines                                                    4.1
   4.2 Approach to Costs                                                   4.1
   4.3 Payroll/Fringe Benefits                                              4.4
   4.4 Subcontracts                                                        4.6
   4.5 Equipment, Supplies, and Material                                    4.7
   4.6 Travel                                                             4.8
   4.7 Other Direct Costs                                                  4.8
   4.8 Indirect Costs                                                       4.9

5:  AUDIT OF OTHER MATTERS                                          5.1
   5.1 Program  Accomplishment                                           5.1
   5.2 Cash                                                              5.1
   5.3 Property  Management                                               5.2
    5.4 Cost Overruns                                                      5.3
    5.5 Cost Sharing Contracts                                              5.3

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6:  AUDIT OF DEFECTIVE PRICING                             Reserve
7:  AUDIT OF TERMINATIONS                                 Reserved
8:  EXIT CONFERENCE                                           8.1
9:  AUDIT REPORT                                               9.1
   9.1 Introduction                                                9.1
   9.2 Content and Format                                          9.1
   9.3 Presenting the Findings                                       9.1
   9.4 Auditor's Reports on Subcontract Costs                            9.1
APPENDIX
A  SURVEY OF CONTRACTORS MANAGEMENT SYSTEMS
B  EPA AREA AUDIT OFFICES AND COGNIZANT GEOGRAPHIC AREAS
C  REFERENCES
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                CHAPTER  1:   INTRODUCTION


1.1  PURPOSE OF AUDIT GUIDE

  This guide is intended to assist the Environmental Protection Agency (EPA) auditors,
independent public accountants, and auditors of public agencies to understand the special
requirements  for audit coverage of EPA contracts. The audit steps in this guide  are
intended to provide general insight into the nature and scope of audit contemplated. This
guide is not intended to be a complete manual of procedures, nor is it intended to supplant
the auditor's judgment of the work  required to meet the audit objectives outlined in this
guide. The audit procedures contained in this guide may not cover all circumstances or
conditions encountered in auditing a particular contract and similarly not all of the audit
procedures will apply  to each contract audited. Auditors must use their  professional
judgment  to tailor  the procedures to meet conditions at the audit site so that the audit
objectives set forth in the guide may be achieved.
1.2  AUTHORITY FOR AUDIT

  Each of the Public Laws authorizing EPA to make grants and contracts provides that
EPA shall have the authority to audit and examine the books and records of the parties
receiving such financial assistance. The provisions regarding audit are clearly spelled out
in the general provisions of each EPA contract.
  The EPA Office of Audit is responsible for all audits of EPA contracts. The Area Audit
Manager (see Appendix B) may elect to have an individual audit conducted by his staff,
another Federal agency, state or local auditors, or an independent public accountant.
When the Area Audit Manager elects to have the audit performed  by an  independent
public accountant, he will notify the contractor as to which firm will perform the  audit. It
will be the selected firm's responsibility to contact the contractor to arrange the start of
the audit.

1.3  STANDARDS OF AUDIT
  Audits of EPA contracts will be made in accordance with the Standards for Audits of
Governmental  Organizations,  Programs, Activities,  and  Functions  issued  by  the
Comptroller General in 1972. The auditor will not be required to express an opinion as to
the efficiency and economy of operations or with respect to program evaluations.  He may
however, be requested by the Area Audit Manager to perform certain audit tests related to
these aspects and to report the results of his examination.

  In performing audits of EPA contracts, the auditor is expected to  adhere to generally
accepted auditing standards. In addition, he should utilize those portions of the American
Institute of Certified Public Accountants' (AICPA) industry audit guides considered
applicable. Of particular importance is the guide  "Audits of Government Contractors."

1.4  AUDIT OBJECTIVES
  The objectives of the audits of contracts are:
• to determine whether the management controls exercised by the contractor through its
  management  system, accounting system, procurement system, and property  control
  systems  are  adequate to provide assurance  that  costs  claimed  are  reasonable,
  allowable, and allocable to the sponsored project  under the contract terms and
  applicable sections of the Federal Procurement  Regulations (FPR's),
                                       1.1

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• to review operations and report any noncompliance with applicable contract provisio;
  or EPA rules and regulations and, based upon the review, to provide recommendations
  for improvement.

• to determine whether the costs claimed under the EPA contract are reasonable,
  allowable, and allocable to the sponsored project.

1.5  MATTERS REQUIRING IMMEDIATE ATTENTION

  During the course of the audit, the auditor may encounter suspected fraud, irregularity,
or collusion and insufficient evidence or inadequate systems.
  1. Suspected Fraud, Irregularity, or Collusion

  The purpose of audits performed in accordance with this guide is not to detect fraud,,
although performance of the audits may minimize fraud  loss, discourage irregularities,
and identify conditions of gross mismanagement. If, during the examination, instances of
possible fraud, gross mismanagement, or other irregularities are identified, the auditor
will:

• document the situation;

• immediately notify the Area Audit Manager of the situation encountered; and

• proceed only in accordance with instructions provided.

  2. Insufficient Evidence or Inadequate Systems
  Auditors are expected  to  use  professional judgment in  arriving at conclusions
concerning the sufficiency of available supporting evidence. If additional guidance i°
needed as to  the acceptability of certain evidence, the auditor should contact the An
Audit Manager or his  designated representative. When insufficient data  or inadequate
systems preclude the reaching of conclusions concerning the reasonableness, allocability,
and allowability of costs, within  a reasonable period of time, the auditor must, as a
minimum:
• document tests and observations to support opinions regarding insufficient evidence or
  inadequate systems;
• inform the Area Audit Manager by telephone and confirm by letter; and

• cease work until instructions are received.

1.6  QUALITY CONTROL

  EPA retains the right to review audit work papers to evaluate the overall quality of the
audit. In this regard, EPA may require copies of the audit work papers to be forwarded,
along with the completed audit report, to the responsible Area Audit Manager or his
designated representative. The audit work papers will be returned to the auditor upon
completion of the EPA evaluation. Based on EPA's evaluation, the auditor may have to
return  to the job  site to perform additional work required.  In this regard,  the auditor
should retain the work papers applicable to the audit of any EPA contract for three years
after completion of the assignment and submission of the required audit report.
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    CHAPTER 2: BACKGROUND ON CONTRACTING


 2.1  GENERAL

   EPA was established under Presidential Reorganization Plan No. 3 of 1970. By this
 Plan, the environmental functions and responsibilities of five different Federal agencies
 were transferred to EPA. The responsibilities transferred included research, standard-
 setting, monitoring, and enforcement related to all six environmental hazards: air and
 water pollution, solid waste disposal, radiation, pesticides, and noise.

   Under the various appropriations acts, EPA has the authority to enter into contracts for
 services and/or products needed to further EPA programs.
'2.2  METHODS OF PROCUREMENT
   The two methods of EPA procurement are by formal advertising and negotiation. By
 law, the preferred method of procurement is formal advertising. Negotiated procurements
 are permitted only under certain defined exceptions to the preferred method, although
 these exceptions are commonly used.
   Formal Advertising. Procurement  by formal advertising covers four basic phases of
 government  involvement:  (a) preparation  of invitations for bids, (b) publication and
 distribution of invitations for bids to companies appearing on qualified bidders listings,
 (c) receipt of bids in response to the invitation, and (d) award of contract to the lowest
 responsive, responsible  bidder whose bid is most advantageous to the government, price
 and other factors considered. (See FPR 1-2)

   Negotiated Procurement. "Negotiation" pertains to procurements made without the use
 A formal advertising.  Requests  for quotations or requests for proposals  (commonly
 referred to as RFQs and RFPs) for the item to be procured are sent to contractors whose
 names appear on qualified bidders listings. Contractors responding to an RFQ submit
 only total item contract  price quotations; contractors responding to an RFP usually
 support the  total price by  submitting  cost and pricing  data,  or  other evidence of
 reasonable prices, and  in certain instances data regarding technical and management
 plans and capabilities for the job. The contracting officer may accept price quotations or
 proposals without negotiation, or he may  conduct price negotiations with  those firms
 whose offers fall within a competitive range. He may analyze, question, require audit, and
 bargain in important areas of the proposals. (See FPR 1-3).

 2.3  TYPES OF CONTRACTS

   Generally contracts may be classified within two broad categories; fixed-price contracts
 and cost  contracts. Fixed-price contracts provide for a stated contract price, a specified
 scope of work, and a specified performance schedule, but may be subject to adjustment
 based on  the application  of economic price adjustment (escalation), redetermination,
 incentive, or  other  pricing provisions. Cost contracts  provide for  reimbursement of
 allowable or otherwise  defined costs incurred plus a fee (profit) in many  cases. Such a
 contract requires that the contractor use  his best efforts to accomplish the scope of work
 within a  specified time  and within the stated dollar limitation.
   Within these two broad categories there are presently a number of variations, the more
 common  of which are described below.
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  1. Fixed-Price Contracts

  Firm fixed-price contract. A contract in which the price is not subject to any adjustment
by reason of the cost experience of the contractor for his performance under the contract.

  Fixed-price contract providing for firm target cost incentives. A contract which provides
at the outset for a firm target cost,  a firm target  profit, a price ceiling (but not a profit
ceiling or floor), and a formula (based on the relationship which final negotiated total cost
bears to  total target cost) for establishing final profit and price.

  Fixed-price contract providing for successive target cost incentives. A contract which
provides at  the outset for an initial target cost, an initial target profit, a price ceiling, a "
formula  for  subsequently fixing the firm target profit (within a ceiling and  a floor
established  along with the formula, at the outset), and a production point at which thet
formula  will be applied.

  Fixed-price contract providing for performance incentives. A contract which incorpo-
rates an  incentive to the contractor to surpass stated performance targets by providing for
increases in the profit to the extent  that such targets are surpassed and for decreases to
the extent that such targets are not met.

  Fixed-price level-of-effort term contract. A contract which usually calls for investigation
or study  in a specific research and development area. It obligates the contractor to devote
a specified level of effort over a stated period  of time for a fixed dollar amount.

  2. Cost Contracts

  Cost-sharing contract. A contract  under which the contractor is reimbursed only for an
agreed portion of costs and under which no provision is made for fee.

  Cost-without-fee contract.  A contract under which the contractor is reimbursed for costs
with no  provision for a fee.

  Cost-plus-fixed-fee contract. A contract under which  thecontractor is reimbursed for
costs plus the provision for a fixed  fee.

  Cost-plus-award-fee contract. A contract under  which the contractor is reimbursed for
costs plus a fee consisting  of two parts: (1) a fixed amount which does  not vary with
performance and (2) an award amount based on performance in areas such as quality,
timeliness, ingenuity, and cost-effectiveness. The amount of award fee is  based upon a
subjective evaluation by the government of the con tractor's performance judged in light of
criteria set forth in the contract.
  Cost-plus-incentive-fee contract (Incentive based on cost). A contract under which the
contractor is reimbursed for costs plus a fee which is adjusted by formula,  in accordance
with the relationship which total allowable costs bear to the target cost. At the outset
there is negotiated a target cost, a target fee, a  minimum and  maximum fee, and the
adjustment  formula.

  Cost-plus-incentive-fee contract (Incentive based on performance).  A contract under
which a contractor is reimbursed for costs plus an incentive to surpass stated performance
targets by providing for increases in the fee to the extent that such targets  are surpassed
and for decreases to the extent that such targets are  not met.
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  Under cost contracts statutory limitations have been imposed on fees negotiated at the
 utset of the contract as follows:

• Fees for experimental, developmental, or research work cannot be more than 15 percent
  of estimated cost.

• Fees for architectural or engineering services for a public work or utility cannot be more
  than 6 percent of estimated cost.

• Fees on other cost contracts cannot be more than 10 percent of estimated cost.

  It should be noted  that fixed-price  and cost incentive  contracts may include a
combination of both cost and performance incentives.

  In addition to the two broad categories of contracts described above, there is a time and
material contract. Under this type of contract the contractor is paid on the basis of direct-
labor hours, expended at fixed hourly rates (that include direct-labor, indirect expenses,
and profit), and the costs of materials or other specified costs.

2.4  RULES, REGULATIONS AND REQUIREMENTS

  Companies engaged in government contracting are subject to rules  and requirements
set forth in the applicable procurement regulations. The Federal Procurement Regulations
contain provisions covering contract clauses (FPR 1-7), terminations (FPR  1-8), and
contract costing  principles (FPR  1-15). In addition, general  familiarity  with  the
pronouncements  of the Cost Accounting Standards  Board and regulations  of the
Renegotiation Board is important.

  The government has  significant rights in  the award  and control of government
contracts  and related subcontracts not generally found in contracts between commercial
 enterprises. Some of the more important rights permit the government to do the following:

 •  Negotiate contract price  adjustments depending on contract type or specific contract
   clauses.

 •  Disallow specific costs and expenses.

 •  Require advance agreements  by contractor before  sharing  in certain costs and
   expenses.

 •  Provide government-furnished material or equipment.

 •  Terminate contracts at the convenience of the government.
 •  Direct changes at any time within the general scope of the contract subject to equitable
   adjustment of the contract price.

 •  Subject the contractor to preaward  and post-performance audits of costs of certain
   contracts.

  More complete guidance  as to the rules and regulations which  apply to an individual
 contract are set forth in the terms and conditions, or general provisions of the contract. A
 general discussion of the common contracting requirements utilized under EPA contracts
 is as  follows:
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  1. Prior Approval Items

  To control the contractor's cost expenditures and to ensure that EPA objectives are met
contract provisions  require that the  contractor obtain the  prior authorization  and
approval of the EPA contracting officer before he takes specified actions or incurs certain
costs. For example, prior approval (or consent, in the case of subcontracting) is required
for subcontracting under cost-reimbursement and certain other types of contracts, for
reimbursement of anticipated costs to be incurred in excess of cost limitations under cost-
reimbursement type contracts, and for reimbursement for overtime and  premium wage
payments. In all cases, the cognizant contracting officer is responsible for providing such
approvals.
  a. Special provisions can be written into the cost-reimbursement contract which require
the contractor to obtain EPA approval before incurring costs for such special elements as
travel (foreign or local), consultants, property, data processing equipment or services, etc.
The contracting officer will  attempt to resolve approvals on these special elements prior to
contract award; however, if there are certain unknowns, this may not be possible, and
prior approval requirements may have to be written into the contract. In the event the
contractor is required to request approval of certain cost elements, his  request will be
directed to the contracting  officer or his designated representative.

  b. Under cost-reimbursement contracts, the contractor must obtain consent for placing
(1) all cost reimbursement, time and material, and labor hours subcontracts; (2) fixed-
price subcontracts  that exceed $25,000 or 5 percent  of the contract  price; (3)  any
subcontract for facilities, regardless of value, or for special tooling having a value in
excess of $1,000;  and  (4)  any subcontract having experimental, developmental, or
research work as one of its purposes.
  The subcontract  consent requirement enables  the government to review proposed
subcontracts with regard to the necessity for subcontracting; the technical capabilities ol
the prospective subcontractor; the reasonableness of the costs and subcontract terms; the
type of subcontract  (fixed-price, cost-reimbursement, etc.);  the scope of the solicitation
(competitive or noncompetitive); and the work statement, including applicable specifica-
tions, to be included in the subcontract. With regard to the subcontracts for facilities, the
requirement for consent does not permit any facilities acquisition to be charged to the
government unless it has been otherwise specifically authorized. Subcontract review and
consent provisions are not  normally included in firm fixed-price contracts.
  c. Contracts are to be performed, as far as practicable, without the use of overtime, extra
pay shifts, or multishifts and,  in particular, without the use of overtime as a  regular
employment practice. Additional details on overtime are contained in the overtime clause
inserted in cost type contracts.

  2. Cost Overruns
  A cost  overrun  occurs when a contractor exceeds the estimated costs  or the fund
limitation of a cost-reimbursement contract. Cost overruns are applicable only on cost-
reimbursement type contracts because the contractor is legally responsible for any costs
exceeding the total or ceiling prices of fixed-price contracts.
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  Under cost-reimbursement type contracts, a contractor may not be reimbursed for costs
 icurred in excess of the total estimated costs  set  forth in his contract schedule.
Accordingly, if the contractor has incurred costs up to the contractual cost limitation, he is
not obliged to continue performance unless the cost limitation is increased by written
notification from the contracting officer. To avoid delay of work on the procurement while
additional funds are being obtained, the standard "Limitation of Cost" clause contained
in all cost-reimbursement research and development contracts obligates the contractor to
notify the contracting officer when the costs he expects to incur in the next 60 days will
increase his total incurred  costs above 75 percent  of the total estimated cost of the
contract. The contractor must also give notice whenever he believes the total cost will be
substantially higher or lower than the estimated costs for performing the contract.
  3. Inventions and  Data Rights

  Under research and  development negotiated contracts, inventions are required to be
reported to EPA by the contractor. In addition, questions may arise pertaining to rights in
data by the contractor and by the government. The project officer will be consulted on both
the invention  and rights in data type determinations which may  develop during the
contract period of performance.
  In the event the contractor reports an invention under the EPA contract, it will be
reported directly  to the  contracting  officer. The invention report will contain  all
information required by the "Patent Rights" provisions of the negotiated contract. Final
determination of rights to inventions shall be made  by the administrator after seeking-
advice from EPA general counsel.

  4. Monitoring  and Closing Out of Contracts

  The auditor  should be aware of the method EPA uses to monitor and close out contracts.
 /his information is summarized in the following paragraphs.
  a. Progress  Reporting of Contracts

  Periodic progress reporting can serve as a tool in  performance evaluation. Technical
reports which  the contractor is required to submit furnish most of the information needed
to evaluate the physical status of the work. If cost control is a concern, the contractor will
be required to submit financial reports which will  outline the various elements of costs
expended versus original or revised projected elements of costs. An item which is very
effective is a cost/technical completion overview which requires the contractor to interpret
its technical report in terms of a percentage of technical completion  in relation to a
percentage-of-costs-expended figure.
   b. Contract Reserves

  Contractual provisions covering fees, patents, royalties,  etc., usually provide for the
accumulation  of a withholding reserve until certain contract requirements are met to the
satisfaction of the contracting officer. For example, payment of fixed fee is limited to 85
percent. The withheld  fee (15 percent) is payable upon submission of appropriate closing
documents after final  audit of the contract has been completed and all  audit exceptions
have been resolved. It is the contractor's responsibility to include in his reimbursement
claims  appropriate adjustments to cover  the required accumulation and release of
contract withholding reserves. The contractor should resolve with the contracting officer
 any questions regarding the amount of these reserves.
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  c. Contractor's Completion Voucher and Cumulative Claim and Reconciliation

  The  contractor shall  submit its Completion  Voucher and Cumulative Claim and
Reconciliation to the accounting office and an additional copy of each directly to the
contracting officer when:

• physical completion of all performance provisions of the contract and acceptance of the
  final report have been accomplished; and

• all costs applicable to the contract have been incurred.

The contractor shall identify the Completion Voucher by typing "Completion Voucher" in
the upper right hand corner of the SF 1034 beside the voucher number. This will advise the
contracting officer that the contract is ready for  final audit.

  d. Contractor's Final Voucher and Closing Documents

  The contractor shall submit its Final Voucher and the appropriate closing documents to
the accounting office and an additional copy of  each directly to the contracting officer
after:

• the final audit has been completed;

• all  suspensions and/or audit exceptions have  been  resolved,  and there is mutual
  agreement between the contractor  and the contracting officer on the final allowable
  costs and fixed fees of the contract; and

• acceptable final fixed  overhead rates for all periods involved under the contract have
  been approved by the contracting officer or his authorized representative and have been
  incorporated  into  the contract.
The contractor shall submit an original and four copies of the final voucher to finalize the
financial settlement of the contract. The voucher shall be specifically identified as the
"final voucher" and should include the remaining  fee reserves and any adjustments to
vouchered costs necessitated by the final settlement of the contract price. The following
documents shall be submitted with the final voucher:
• contractor's release;
• assignee's release, if applicable;
• contractor's  assignment of refunds, rebates, credits and other amounts;
• assignee's assignment of refunds, rebates, credits  and other amounts, if applicable; and

• contractor's  affidavit of waiver of lien, when required by the contract.
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      CHAPTER 3:   PRELIMINARY PROCEDURES


3.1  PRELIMINARY PLANNING

  Once  a  request for audit  is received from EPA  contract officials, the Area  Audit
Manager will assure that all documents necessary for audit have been provided.  These
will include:
• a copy of the contract (including general provisions) and all amendments.
• a copy  of  the Completion Voucher or Final  Voucher and  Cumulative Claim and
  Reconciliation.
• a copy of indirect cost proposals covering any periods for which the indirect cost rates
  have  not been finalized in the contract.
The Audit Manager will review this documentation to make a preliminary determination
of the scope, schedule, and resources needed for the audit. The Audit Manager will extract
certain information for inclusion  in an audit planning package for use in planning the
audit. This package will contain the following information:

• contract number

• contractor  name, address,  and  phone
• type of contract

• amount of  contract
• amount claimed
• narrative discussion of scope of audit contemplated.
3.2  PREPARING FOR THE AUDIT

  In accepting  any contract from EPA, the contractor agrees to  comply with those
conditions or requirements contained in the contract or applicable portions of the Federal
Procurement Regulations. To audit these contracts, the auditor must become thoroughly
familiar with those conditions and requirements related to the individual contracts.
  Accordingly, once the auditor has been selected and the preliminary audit planning has
been completed, the Area Audit Manager will  provide the auditor  with the necessary
documents (see paragraph 3.1), as well as copies  of the latest EPA  audit  reports
concerning the  contractor. The auditor should:
• review in detail the contract and all amendments,
• identify any  contract conditions requiring special audit attention,
• analyze the composition of costs as reflected  on the completion/final voucher; and
• review prior audit reports to identify potential or known problem areas to be examined
  during the audit.

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3.3  ENTRANCE CONFERENCE
  After establishment of a mutually agreed upon date for starting the audit, an entrance
conference  should be  held with the contractor. During this conference, the contractor
should be advised  of  the purpose and scope  of the audit. The results of the entrance
conference  should  be  documented  in  the audit work papers, and this documentation
should include a list of entrance conference attendees.

3.4  INITIAL FIELD AUDIT PROCEDURES

  In starting the audit, the auditor should:
• obtain background information on the contractor. This may be in the form of charters,
  bylaws, incorporation documents, or public relations documents which identify the
  nature of the organization's operations and key employees. In addition, the auditor
  should obtain copies of the organization's financial reports as well as access to any
  audit reports issued by the organization's internal or external auditors;

• identify any additional EPA  or other Federal grants  or contracts being performed by
  the contractor. In this regard, the auditor will obtain the contract number, the amount
  of the agreement,  the status of the contract, and the Federal agency involved. The
  auditor should promptly  communicate this to the Area Audit Manager  so that a
  decision  may be made as  to whether the scope of the audit will be expanded  to cover
  these agreements;
• reconcile the expenditures claimed on the completion/final voucher with those amounts
  shown on the cumulative  claim and  reconciliation  and the contractor's official
  accounting records; and
• familiarize himself with  the contractor's accounting, personnel, procurement, and
  property management systems as they relate to contract expenditures. In this regard,
  the auditor should initially obtain information regarding any established policies and
  procedures governing these activities.  He  should then perform a limited survey  to
  identify  significant weaknesses in the systems  as  they  apply to  the EPA grant,
  utilizing,  as a minimum,  the survey questionnaire contained in Appendix A of this
  audit guide. The survey should include sufficient testing of the records to validate the
  information obtained in the survey.
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                CHAPTER  4:  AUDIT OF COSTS


4.1  BASIC GUIDELINES
  Each contract contains reference to those cost principles to be used in evaluating the
acceptability of costs. Generally, EPA grants or contracts will be subject to one of the
following:
  FPR 1-15.2 - Cost Principles for Contracts with  Commercial Organizations
  FPR 1-15.4 - Cost Principles for Architect-Engineer Contracts

  FPR 1-15.7 - Cost Principles for Contracts with  State and Local Governments

In addition to containing references to the allowability of individual types of costs, these
principles contain excellent background information  and guidance as to the proper
treatment of costs,  and  the  auditor  should become  thoroughly familiar  with the
information contained in them.
4.2  APPROACH TO COSTS
  In conducting an audit of EPA contracts, the auditor will be attempting to reach a
conclusion as to the acceptability of costs claimed on reimbursement vouchers submitted
to EPA. When the contractor has actually incurred costs in excess of the amounts claimed
or reported, the auditor may not increase the amount of the contractor's claim. He should,
however, disclose by means of footnotes the extent of unclaimed or unreported costs.
  The scope of audit will depend on the nature and terms of the contract. Fixed-price
contracts will normally not be audited. For Labor-Hour contracts, audit effort will be
limited to reviewing the support for hours charged to the  contract. Similarly, time and
material contract audits will be limited to examining the support for time and material
charges. The audit of a cost-type contract, however, will include an analysis of all types of
costs claimed. In reviewing contract costs, the auditor is evaluating each cost to determine
whether it is acceptable as a charge to the EPA contract. Costs that are not acceptable will
be questioned.

  Costs questioned normally fall under one or ^ore of the following categories:

  1.  Unallowable costs. Costs which are specifically unallowable under the terms of the
contract or other cost principles cited in the contract or applicable EPA regulations.
  2.  Unreasonable  costs.  In determining the reasonableness of  a  given  cost,
consideration shall be given to:
•  Whether the cost is of a type generally recognized as ordinary and necessary for the
   conduct of the contractor's business or the  performance of the contract;
•  The restraints or requirements imposed by such factors as generally  accepted sound
   business practices,  arm's length  bargaining, Federal and State laws and  regulations,
   and contract terms and specifications;
•  The action that a prudent businessman would take in the circumstances, considering
   his responsibilities to the owners of  the business, his employees, his customers, the
   government,  and the public at large; and,
•  Significant deviations from the established practices of the contractor which may
   unjustifiably increase the contract costs.
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  3. Unallocable costs. In reviewing the alienability of costs, the auditor will be guided
by the following criteria:

• A cost is allocable to a particular contract to the extent of benefits received;

• Any cost allocable to a particular project or function may not be shifted to a Federal
  contract to overcome fund deficiencies, avoid restrictions imposed by law or contract
  agreements or for other reasons; and,

• Where an allocation of joint cost will  ultimately result in  charges to a contract, an
  indirect cost rate proposal will have to be prepared to justify the equitability of the
  charge.

  4. Undocumented costs.  Costs for which detailed documentation is not available
show that the costs claimed were in fact incurred under the EPA contract.
  5. Unapproved  costs.  Costs  for which  contract  provisions  or applicable cost
principles require awarding agency approval, but for which the auditor finds no evidence
of such approval.
  Figure 4.1 contains  examples of questioned  costs.  The  designation  of  a cost  as
questionable by the auditor does not necessarily mean that the cost will be disallowed.
The final determination as to the acceptability of costs will be made by the appropriate
contracting  officer.
                                        4.2

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EXAMPLES OF UNALLOWABLE COSTS
• Interest on bonds or other financing
• Fines and penalties resulting from violation of Federal, State/and local laws
• Personal  injury compensation  or  damages as a direct result of construction on the
  project
EXAMPLES OF UNREASONABLE COSTS
• Purchase of a six month's supply  of materials during the last month of the contract
• Purchase of expensive equipment needed only for a short period when a lease would
  have been more economical
• Costs for which appropriate evidence is not available that the contractor employed
  those controls necessary to assure that the price was reasonable
EXAMPLES OF IMPROPERLY ALLOCATED COSTS
• Costs already matched to another Federal program
• Inequitable allocation of indirect costs to the contractor
• Costs allocated in total to the contract, which also benefited other contractor programs
EXAMPLES OF IMPROPER DOCUMENTATION OF COSTS
• Lack  of time and attendance records, invoices, etc.
• Lack  of written contracts with consultants and or subcontractors
EXAMPLES OF COSTS NOT  PROPERLY APPROVED BY EPA
• Hire of consultants and/or subcontractors
• Purchase of capital equipment
                                     4.3

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4.3  PAYROLL/FRINGE BENEFITS

  1. Objective

  The objectives of the audit of payroll and fringe benefits costs are to determine whether:

• employee  pay rates  and benefits are commensurate with the type of work being
  performed; and

• total labor and benefit costs charged to the EPA contract are allocable and reasonable.
  2. References

  FPR 1-15.205-6
  FPR 1-15.402-2
  FPR 1-15.402-3
  FPR 1-15.711-10
  FPR 1-15.711-13
  3. General Audit Procedures

  Amounts charged to the EPA contract will be tested to  determine that appropriate
salary rates were utilized for personnel working under the EPA contract, time charged
was properly supported, and fringe benefits claimed actually  represent the actual costs to
the contractor.

  4. Potential Areas Requiring Additional Audit

  a. Compensation paid to key officials
  In evaluating  the  reasonableness of compensation paid to owners of closely held
corporations, partners, sole proprietors or members of their immediate families, or persons
who are contractually committed to acquire a substantial  financial interest in the
contractor's  enterprise,  the  auditor should  determine that such  compensation is
reasonable for the actual personal services rendered and not a distribution of profits.
Compensation is reasonable to the extent that the total amount of compensation paid
under the company's established policy and conforms generally to compensation paid by
other firms of the same size,  in the same industry, or in the same geographic area for
similar services.  In the administration of this principle, it is recognized that not every
compensation case need be subjected in detail to  the above  tests. Such tests need be
applied  only to those cases in  which a general review reveals amounts or types of
compensation which appear unreasonable or otherwise out  of line.

  The auditor should determine that incentive compensation  for management employees,
cash bonuses, suggestion awards, safety  awards, and incentive compensation based on
production, cost reduction, or efficient performance are paid or accrued pursuant to an
agreement entered into in good faith between the contractor and the employees before the
services were rendered or pursuant to an established plan followed by the contractor.

  For bonuses and incentive compensation paid in stock, the auditor should determine
that valuation placed on the stock transferred shall  be the fair market value at the time of
transfer, determined upon the most objective basis available.
                                      4.4

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  b. Deferred compensation

  The auditor should determine that any deferred compensation:

• is for services rendered during the contract period (except past service pension and
  retirement costs);

• is paid pursuant to an agreement entered into in good faith between the contractor and
  employees before the services are rendered or pursuant to an established plan followed
  by the contractor so consistently as to imply, in effect, an agreement to make such
  payment; and,

• is made under a plan subject to approval by the Internal Revenue Service and falls
  within the criteria and standards of the Internal Revenue Code and the regulations of
  the Internal Revenue Service.
  In  determining the cost of deferred.compensation allowable under a contract, the
auditor should ascertain whether appropriate adjustments have been made for credits or
gains,  including those  arising out of both normal and abnormal employee turnover, or
any other contingencies that can result in a forfeiture by employees of such deferred
compensation.
  The auditor should ascertain whether adjustments to deferred compensation for normal
employee turnover have been based on the contractor's experience and on foreseeable
prospects. If the contractor can demonstrate that  his contributions take into account
normal forfeitures, such an adjustment will be unnecessary.
  c. Overtime
  When the contractor has claimed costs related to overtime, the auditor should:

  (1) Determine whether the employee  is, under company policy,  entitled to receive
overtime, did work the overtime hours, and did receive payment. Wherever the individual
did work,  but  did  not receive pay, appropriate  adjustment  should be made to  the
employee's hourly or daily billing rates.
  (2) Review the contractor's rationale for requiring overtime under the EPA  project.
Where employees are working on more than one project, there could be some question as to
which project generated the overtime.
  (3)  Determine whether  necessary justifications  for  overtime were  prepared and
submitted for approval, where required on contract terms or provisions.

  d. Fringe benefits
  When a contractor has computed a fringe benefit rate, the auditor should identify the
basis used in computing the rate and determine that those elements making up the fringe
benefit pool have not been included as a part of direct labor charges.

  To prevent the contractor from over recovering fringe benefit costs, special considera-
tion should be given to the annual or sick leave portion of fringe benefits. In this regard,
the auditor should determine whether annual and sick leave costs are claimed based on
the accrual or actual leave basis. Where leave costs are claimed on an accrual basis, the
auditor should examine the contractor's leave policies and leave administration in  detail
to determine:
    (1) Whether there are established annual or sick leave ceilings which could  cause
       employees to lose accrued annual or sick leave.
    (2) Whether employees are actually paid  for  accrued annual or sick leave upon
       termination or retirement.

                                       4.5

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  In instances where ceilings  prevent employees  from utilizing accrued  leave  or
employees do not get reimbursed for annual or sick leave upon termination or retirement,
contractors should not be permitted to claim leave costs on an accrual basis. They may
never incur the costs. Instead leave costs should be based on actual leave taken, not leave
entitlement.

4.4  SUBCONTRACTS

  1. Objective
  The objective of the audit of subcontract costs is  to determine whether appropriate
controls were exercised to assure that the services were necessary and obtained at a
reasonable price, and that the procurement provided  for free and open competition.
  2. References

• FPR 1-15.205-31
• FPR 1-15.403-7
• FPR 1-15.712-7

  3. General Audit Procedures

  The auditor should selectively review the rationale and documentation in support of
subcontracts to determine that:
• the contractor evaluated his  own resources to assure that the services or product could
  not have been provided in-house;
• the services or product was  used under the EPA contract;

• the method of procurement was sufficiently competitive (see FMC 74-7);
• procurement techniques utilized by the contractor (competitive procurement or analysis
  of the composition of costs)  were sufficient to obtain a reasonable price;
• the contractor gave consideration to the type of subcontract most appropriate for the
  services or product obtained. (Fixed-price contracts are appropriate when the scope and
  nature of work can  be clearly  defined. Where  the scope or  nature of work is more
  indefinite,  the cost-type contract is more appropriate. The cost-plus-a-percentage-of-
  cost and percentage-of-cost-type contracts may  not be used under EPA  contracts.);
• the nature, scope, time period, and costs were specific in the subcontract;

• the contractor was satisfied  with the work performed; and,

• appropriate EPA approvals  were obtained for all subcontracts in excess of $10,000.

  4. Potential Areas Requiring Additional Audit

  The existence of subcontracts mean that a portion  of the project cost records are not
available at the contractor's site. The  auditor should,  therefore, compile a list of the
subcontracts.  This  list should identify the subcontractors, provide the address and
telephone numbers of the subcontractors, give a description of the nature of services or
products provided, and indicate the type and  amount of each subcontract.

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  a.  Fixed-price subcontracts

  Fixed-price subcontracts normally will not be audited. If subcontracts were obtained in
such a way as to establish the reasonableness of price and that the services .were needed,
the related costs will be considered  acceptable.  If the contractor did not adequately
determine the reasonableness of the fixed-price at the time of award, however, the costs
will be questioned.

  b.  Cost-type subcontracts

  Cost-type subcontracts may require audit. The  auditor should determine whether the
contractor has audited the subcontract or requested that an audit be performed by the
cognizant Federal Audit Agency. Where such action has not been taken, the auditor
should furnish the Area Audit Manager with a list of the subcontracts. The Manager will
decide whether an audit is needed and, if one is needed, who will perform the audit.
  The auditor selected to perform the audit should advise the party performing work
under the subcontract that the review is being performed for both the prime contractor
and  EPA. Thus, any information gathered during the course of the audit will be made
available to the prime contractor as well as to EPA.
  If  another agency will perform the audit, the  Area Audit Manager  will initiate the
request for audit and provide a copy of the request to the auditor performing the review of
the prime contract. The auditor does not have to wait for the results of an audit requested
from another Federal agency;  he  should  prepare the  audit report and set aside the
requested portions. The audit report should explain that the subcontract is being audited
by another audit agency and that the results will be transmitted as soon as received.
  If  the Area Audit Manager has determined that no other Federal Audit Agency is
 .ognizant and  that the subcontract should be audited,  the  auditor  should make
arrangements to audit the accounting records of the subcontract to determine, that the
costs billed are reasonable and allowable. The audit steps in this guide applicable to the
particular types of costs claimed should be followed, and the auditor should apply those
cost criteria which apply to the type of organization receiving the subcontract.

  If nc audit of the subcontracts is considered necessary, the Area Audit Manager will so
advise the auditor reviewing the prime contract. In such cases, the costs claimed under the
subcontracts will  be considered allowable if costs were claimed in  accordance with
subcontract provisions.
4.5  EQUIPMENT, SUPPLIES, AND MATERIAL

  1. Objective

  The objectives of the audit of equipment, supplies, and material costs are to determine
whether:

• such items were needed and used on the sponsored projects; and
• such items were obtained  on a competitive basis.

  2. References
• FPR 1-15.205-22, 1-15.205-32, 1-15.205-40, 1-15.205-45, 1-15.205-50
• FPR 1-15.4
• FPR 1-15.711-18
• FPR 1-15.712-3
                                       4.7

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  3. General Audit Procedures
  For selected items the auditor should determine that:
• procurement was  made in accordance with normal procedures and that appropriate
  supporting documentation was maintained;
• items purchased were not already available and were actually utilized under the EPA
  contract;
• these items were acquired through use of competitive purchasing techniques;
• appropriate approvals were obtained for the purchase of capital items; and,
• costs related to these capital items  properly represent direct rather than indirect
  charges.
4.6 'TRAVEL
  1. Objective
  The  objective of the audit is to determine that the cost of travel is allowable and
allocable to the EPA contract.
  2. References
• FPR 1-15.205-46
• FPR 1-15.403-4
• FPR 1-15.711-28
  3. General Audit Procedures
  The auditor should test travel charges to determine that:
• travel costs  were incurred in  accordance with  the  contractor's travel policies and
  amounts do not appear grossly unreasonable as compared to Federal Travel policies;
• travel charges are adequately supported by travel vouchers and other documentation;
• travel claimed was applicable to the EPA contract;
• first-class transportation was not utilized without necessary justification; and,
• prior approval was obtained for all foreign travel.
4.7  OTHER  DIRECT COSTS
  1.  Objective
  The objective of the audit of other direct costs is to determine whether the related costs
are allowable,  and applicable to the EPA contract.
  2.  References
• FPR 1-15.2
• FPR 1-15.4
• FPR 1-15.7
                                      4.8

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  3. General Audit Procedures

  In general, the auditor must determine that:

• the types of expenditures involved were contemplated in the original budget and the
  expenditures were adequately documented;

• in  instances where the contractor has  established separate pools for such costs as
  computer services, reproduction,  communications, etc., the methods used to calculate
  and distribute such costs are equitable;

• amounts claimed are properly supported as other direct costs and that similar costs are
  not recovered through indirect costing methods;

• the contractor credits to the government the applicable portion of any  income, rebate,
  allowance, and other credit relating to any allowable costs received by or accruing to
  the contractor;

• when applicable, necessary approvals have been obtained from the contracting officer.
  For example, FPR 1-15.7 requires the specific approval for inclusion of costs related to
  the acquisition of data processing equipment;  and,

• such costs are allowable under applicable cost principles.
4.8  INDIRECT COSTS
  The indirect costs of a project are those costs not readily identifiable with the project
itself  but nevertheless incurred by an organization for the joint benefit of the project and
other  activities  carried on   by  the organization.  To  recover  its indirect  costs,  an
organization must submit an indirect cost proposal showing its methods of determining
 ,he portion of indirect costs  each project should bear.

  Where indirect costs have been  claimed  and the indirect  cost rates  have not been
finalized in  the contract, the auditor will have to audit the organizations indirect cost
proposal. This audit should  be performed in accordance with the EPA "Audit Guide for
Reviewing Indirect Cost Allocation Plans and Rate Proposals."

  The auditor's use of the  audited indirect cost rates will  be based  on  the general
provisions of the contract.

• Where the contract provides for  an "audit determined rate," the auditor may use the
  audited indirect  cost rate in  computing the costs considered acceptable under the
  contract.
• Where the contract provides, for a negotiated indirect cost rate, the auditor must utilize
  the provisional rate contained in the contract for computing acceptable contract costs.
  He should, however, provide sufficient information in a footnote to the cost schedules to
  identify the audited rate and indicate the effect of using on contract costs.
                                        4. 9

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        CHAPTER 5:  AUDIT OF OTHER MATTERS


  During the course of the audit, the auditor will be examining the acceptability of the
contractor's  controls as  they relate to requirements contained in regulations, Federal
Management Circulars, and/or the terms of the individual contracts. A failure to adhere
to contract requirements may result in the questioning of a portion or all of the contract
costs.

  In preparing this audit guide, we have examined in detail certain areas that should be
reviewed during all  contract audits. These are discussed in the following paragraphs.
5.1  PROGRAM ACCOMPLISHMENT

  In addition to the basic determinations of allowability,  allocability, and reasonable-
ness, an integral part of the audit of EPA contracts entails a determination of program
accomplishment. Simply stated, the auditor should address himself to the question "Did
the government receive what it has paid for?" Essentially this determination is made by
reviewing compliance with the terms and conditions of  the government agreement.
Normally contracts set forth certain milestones or objectives to be met during the course of
a contract. In some instances, the contractor will be expected to submit a report or other
product of his work. The auditor should perform certain basic reviews to determine
whether the contractor accomplished the desired project. In this regard, the auditor will
generally  be reviewing  records  maintained  by the  contractor, reports  prepared for
contractor management  or EPA, and correspondence between the contractor  and EPA.
Specific steps necessary  to determine program accomplishment will be provided by the
Area Audit Manager on a project-by-project basis.
5.2  CASH

  Payments to EPA contractors are made in three ways: after-the-fact reimbursement,
advance payment, and letter-of-credit. Depending on the method used, steps necessary to
audit cash will vary.
  1. After-the-Fact Reimbursement

  This method is generally used for EPA contracts. In auditing cash when after-the-fact
reimbursement has  been made, the auditor should:

• determine that vouchers were submitted based on the costs recorded on the contractor's
  accounting records;

• determine the payments received under these vouchers;  and,
• after reviewing  the acceptability of  costs claimed,  compute the amount due the
  government or the contractor.
  2. Advance Payments
  This section reserved.
  3. EPA Letter-of-Credit

  This section reserved.
                                       5.1

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5.3  PROPERTY MANAGEMENT

  The scope of audit of property management will vary significantly based on the type of
audit performed. When the audit is a final audit and EPA has no continuing work with the
contractor, the auditor should limit himself to determining that property was reported as
required  and that appropriate disposition action was taken. However, review  of the
adequacy of  contractor property management systems should be  emphasized when
auditing  organizations which have received other EPA contracts.
  It is stressed that each auditor evaluating a contractor's property management system
should be thoroughly familiar with the provisions of the  EPA Guide for  Control of
Government Property by Contractors. In evaluating a contractor's property management
system, the auditor should:

  1. determine whether the contractor reported the acquisition or receipt of property as
required  by the EPA guide.

  2. determine whether the contractor maintains the required property records to account
for equipment purchased for use  in EPA contract programs  or provided by EPA.

  3. evaluate the adequacy of the property records maintained and consider whether they
contain necessary information, such as:
• a description of the property; and,

• the manufacturer's serial number or other identification number, the acquisition date,
  the cost, the source of acquisition, ultimate disposition data (including sales price and
  the method used to determine fair market value), and the location, use, and condition of
  the property.
  4. ascertain whether the contractor takes a physical inventory of contract equipment
and reconciles the results with property records at least once every two years to verify the
existence, current utilization and continued need for the property.
  5. determine whether:
• differences between the property record balances and physical balances are investigat-
  ed and fully documented;
• property records are adjusted as a result of the inventory;
• the contractor takes action to dispose of an item of equipment if it is no longer needed;
  and,
• periodic inspections and routine maintenance are performed on all equipment.

  6. select, from the  property records,  a sample of equipment items purchased for EPA
contracts and physically inventory the equipment to see whether the system is adequate
in terms  of 3. above.
  7. determine  whether the contractor has established  procedures for disposing of
equipment that is no longer necessary. If he  has, are the procedures adequate to ensure
that EPA's equity is protected  when property is sold or used as  a trade-in?  If the
contractor  has disposed  of contract equipment,  the auditor should  ascertain whether
written approval was obtained from EPA prior to the disposition and whether the net
proceeds  of the sale or fair market value at the time of sale, whichever was greater, were
paid to EPA.
                                       5.2

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5.4  COST OVERRUNS

  In reviewing the costs of a cost-type contract, the auditor may encounter instances
where the  contractor has incurred  costs in excess  of the contract amount. It is the
contracting officer who makes the determination of whether or not the contract amount
may be increased. The auditor should review  the acceptability of total costs incurred
(including  the overrun). He may accept costs up to the amount of the contract. He may
not, however,  accept any part of the overrun. The overrun costs  would be considered
acceptable  if the contracting officer  increased the contract amount, a statement to that
effect should be included in the footnotes to the cost schedules.

5.5  COST SHARING CONTRACTS
  While EPA  contracts normally pay the  total  cost of a project, some contracts for
research, development, and demonstration projects are awarded on a cost sharing basis.
The nature of cost sharing requirements will be spelled out in contract provisions.
  In performing the audit of project costs as described in Chapter 4: Audit of Costs, the
auditor  will be reviewing both the contractor's and EPA's  portion of the project. In
reviewing the contractor's portion, the auditor should ascertain the source of the non-
Federal matching share. Unless specifically authorized by law, expenditures incurred
with Federal  funds may not be considered a part of the non-Federal matching share.

  In addition, the auditor should be alert for instances where  the non-Federal matching
share for the program under audit has been included as a matching share on any other
Federally assisted program.
  The contractor's portion of costs should be reviewed utilizing the same criteria as if he
had used Federal funds.
                                        5.3

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CHAPTER 6: AUDITS OF DEFECTIVE PRICING




                This Chapter Reserved.
                       6.1

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CHAPTER 7: AUDIT OF TERMINATIONS




             This Chapter Reserved.
                   7,1

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              CHAPTER 8:  EXIT CONFERENCE


  Through the course of the audit,  the auditors are expected to discuss deficiencies
disclosed  during audit, their effect,  and possible corrective actions  with  responsible
officials of the audited parties. The primary purpose of these discussions is to ensure that
the audited parties had an opportunity to provide additional data with respect to the
problem areas identified during audit.


  For the audits with no findings or audits without significant findings the auditor should
nolify the Area Audit Manager and then hold an exit conference with the audited party
(at the site or by telephone). When the audited party is a subcontractor, a separate or joint
exit conference may be held with the contractor and the subcontractor. If the audited
parties desire to provide written comments with respect to matters raised in the audit, they
should be furnished a  copy of the draft report and afforded the opportunity to provide
written comments.
  For audits with significant findings, the auditor should initially discuss the findings
with the Area Audit Manager by telephone. The auditor should then hold a preliminary
exit conference with the audited party to discuss the factual information disclosed during
the audit. It should be emphasized that the audit results and findings are tentative at that
point, and that they will be included in a draft report forwarded to the audited party for
written comment.

  The  auditor should prepare his draft audit report, highlighting the costs considered
unallowable and other deficiencies disclosed  during the audit. The Area Audit Manager
 hould be promptly furnished a preliminary copy of the draft report. If after reviewing the
draft report, the Area Audit Manager agrees  that the deficiencies are significant, he may
meet with the responsible EPA  program officials  to brief them of the situation. In
addition, he shall require that the contractor and other audited parties (such as those
performing under subagreements) be furnished a copy of the draft audit findings  and
conclusions to enable review and written comment prior to the exit conference.

  After receipt of written comments from the audited parties, the auditor will conduct an
exit conference with each of the responsible parties involved. Thus, exit conferences must
be held with the contractor and other parties having subagreements whose operations
and/or costs were audited.
  The auditor's workpapers shall contain the name of the auditor who conducted the exit
conference, the names  and positions of contractor representatives, details of the matters
discussed, and a summary of the reactions of the audited parties.
  A  synopsis of the audited parties  reactions to the conclusions and findings will be
included  in  the section  of the audit  report entitled,  "Comments  on Compliance,
Performance, and Internal Controls." When written comments are obtained, they may be
included as  an  attachment to  the report. The auditor may also include any rebuttal
considered appropriate in light of the audited parties comments.
                                       8.1

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                 CHAPTER 9:  AUDIT REPORT


9.1  INTRODUCTION

  Audits of EPA contracts may result in findings and recommendations concerning costs
questioned or deficiencies in the administration of the contract. For effective administra-
tion of the contracts, it is imperative that audit reports contain all findings, observations,
conclusions,  and recommendations resulting from the audit.
9.2  CONTENT AND FORMAT OF AUDITORS' REPORT

  The audit report will be prepared in accordance with the following instructions and in
the formats  shown in the Example Accountant's Reports and Exhibits and Schedules
contained at the end of this chapter.
  1.  Scope Paragraph
   a. The scope paragraph will identify the contract audited and  the period audited.
   b. The scope paragraph will also include a statement that the examination was made
in accordance with the EPA "Audit Guide for Contracts" and the GAO "Standards for
Audit  of Governmental  Organizations,  Programs, Activities,  and Functions."  If
conditions were  encountered  which  preclude  the inclusion  of such  a statement, an
appropriate statement will be prepared explaining the nature of conditions which required
a deviation.
  2.  Opinion

  The report will contain an opinion as to the costs claimed under the EPA contract.
^ased on the review of the reasonableness, allowability, and allocability of costs claimed
.n conjunction with contract terms and conditions and applicable Federal regulations, the
auditor will  classify costs as "accepted" or "questioned" in a separate schedule in the
report.

  3.  Comments on Cpmpliance, Performance, and Internal Controls

  The report will include a separate section relating to the compliance, performance and
internal control  reviews made during the examination. The report should include a
discussion of any deficiencies  identified during the course of  the audit. In addition, the
report  must  contain comments as  to  the  adequacy of the accounting  system and
procurement system.

9.3  PRESENTING THE FINDINGS
  Audit findings, whether they relate to costs questioned or contract administration
procedures, will be presented in sufficient written detail to ensure that report recipients
may readily:
•  understand the finding;
•  understand the basis for the finding;
•  grasp the significance of findings  not directly related  to the costs questioned; and
•  include management improvement recommendations as applicable.
9.4  AUDITOR'S REPORT ON SUBCONTRACT COSTS
  Findings and recommendations concerning costs questioned or deficiencies disclosed in
the audit of subcontract costs will be reported on in a separate Schedule.

                                      9.1

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EXAMPLE AUDITOR'S REPORTS

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                     EXAMPLE AUDITOR'S  REPORT


      Area Audit Manager
      Office of Audit
      Environmental Protection Agency
      Any City, U.S.A.

      We have examined the statement of costs claimed (Exhibit A) by the City of Anywhere,
      U.S.A. under EPA Contract No. XXXX for the period (month, day, year) to (month, day,
      year). Our examination  was made in accordance with the "Standards for Audit  of
      Governmental Organizations, Programs, Activities, and Functions" the "Audit Guide for
  -£•  EPA Contracts" issued February 1976 by EPA, and accordingly included such tests of the
   §•  accounting records and such other auditing procedures as we considered necessary in the
  02  circumstances.

      As part of our examination, the allowability of costs claimed under the.-contract was
      determined in accordance with the provisions of the contract and applicable Federal
      regulations. Schedule I sets  forth  the  costs which we questioned in this regard and
      includes an explanation of the reason such costs were questioned.
  ^  In our opinion subject to the effects, if any, on Exhibit A of the ultimate resolution by the
   §  Environmental Protection Agency of the questionable expenditures referred to in the
  '£  preceding  paragraph, Exhibit A presents fairly the financial information contained
   3.  therein in accordance with the financial provisions of the contract and generally accepted
  ^  accounting principles.


      In addition, in connection with our examination of the statement of costs claimed, we
§ j?  have reviewed the Contractor's system of internal control and compliance with provisions
'•5  &  °fthe contract and applicable Federal regulations. Our report thereon appears as Exhibit
%  g  B.
£3 ^j  This report is intended for use in connection with the contract to which it refers and
^"     should not be used for any other purpose.
         DATE
        SIGNATURE
                                            9.2

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                                                                  EXHIBIT A

                           City of Anywhere, U.S.A.
            Statement of Costs Incurred Under EPA Contract XXXXXX
           For the Period (month, day, year) Through (month, day, year)

                                                               Costs Claimed

Personnel                                                           $1,225,373
Indirect Costs                                                          122,537
Equipment                                                            368,848
Subcontracts                                                           '94,473

Total Costs                                                         $1.811,231

Federal Share                                                       $1,811,231

  EPA Contract No. XXXXXX was awarded to the City of Anywhere, U.S.A. on (month,
day, year). The scope of work under the contract provided for "	". Work under
the contract began on (month, day, year) and was completed  on (month, day, year).
  See Schedules A-l through A-3 for costs accepted and questioned during the audit.
                                     9.3

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                                                                    Schedule A-l
                            City of Anywhere, U.S.A.
                           EPA Contract No. XXXXXX
               Statement of Costs Claimed, Accepted and Questioned
             For the Period (month, day, year) Thru (month, day, year)

                                        Auditor's Recommendations
                               Costs        Costs        Costs         Reference
Description                   Claimed     Accepted     Questioned        Notes

Personnel                    $1,225,373    $1,225,373        -0-
Indirect Costs                  122,537         -0-       $122,537          1
Equipment                     368,848      368,848        -0-
Subcontracts                    94,473       86,734        7,739          2

  Total Costs                 $1,811,231    $1,680.955     $130,276

  Federal Share              $1,811,231    $1.680.955     $130,276
REFERENCE NOTES

1. The 10 percent indirect cost rate included in the contract.was based on an indirect cost
rate proposal prepared, audited and negotiated with the Department of Health, Education
and Welfare for FY 1969. Since that date, the City had not prepared any indirect cost
proposals.  The Department of Health,  Education and Welfare Guide for Local
Government Agencies requires local contractors to prepare indirect cost proposals
annually.  Such proposals should be retained  for future audit. Since the City had  not
prepared such  proposals, it has not complied with Federal requirements and accordingly
is not entitled  to indirect costs.

  Contractor officials  indicated that they were unaware of the requirement to prepare
indirect cost proposals annually.
2. Amounts accepted  and questioned were based on an  audit of the subcontractor's
records. See Schedule  A-2.
                                       9.4

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                                                                   Schedule A-2
                                XYZ Corporation
              Subcontract XXXX Under EPA Contract No. XXXXXX
              Statement of Costs Claimed, Accepted, and Questioned
             For the Period (month, day, year) Thru (month, day, year)
                                          Audit Recommendation
Description

Personnel
Fringe Benefits
Indirect Costs
Travel

  Total Costs

Fee

  Total Costs Plus
    Fixed Fee

Funds Provided

  mount Due Contractor

Reference Notes
 Costs
Claimed

 $48,712
  13,152
  20,859
   5000
  Costs
Accepted

 $45,761
  10,067
  19,620
   4,536
 $94,473
 $86,734
              $94,473
              $ 7,739
   Costs
Questioned

   $2,951
   3,085
   1,239
     464

   $7,739

    -0-
  $7,739
   Reference
     Notes

Schedule A-2(a)
      1
      2
      3
1. The Corporation claimed fringe benefits at a rate of 27 percent of direct payroll costs.
This rate covered vacation, sick leave, holidays, and the company's portion of payroll
taxes. In analyzing this rate, we noted that the company included the 13 days of sick leave
accrued each year. Since Corporation employees are not paid for sick leave unless it is
taken, the accrual does not represent an actual cost. Accordingly, we adjusted the fringe
benefit rate by removing  the accrual and adding in the actual sick leave taken. This
reduced the Corporation's fringe benefit rate to 22 percent. We then calculated allowable
fringe benefits as follows:
  Claimed:  27 percent of $48,712                                          $13,152
  Accepted:  22 percent of $45,761*                                         10,067

  Questioned                                                             $ 3,085

  * Amount of accepted personnel  costs
Corporation officials agreed with the adjustment to the fringe benefit rates.
                                       9.5

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2. Indirect costs were claimed at the fixed rate of 42 percent of direct labor included ir
subcontract. Amounts questioned were computed as follows:
  Claimed:  42 percent of $48,712
  Accepted:  42 percent of $45,761*

  Questioned
                                                $20,459
                                                 19,220

                                                $ L239
  * Accepted personnel costs
3.  The Corporation's administrative procedures provide a per diem rate  of $25  for
overnight travel. In several instances, travelers were reimbursed for actual subsistence
expense which exceeded the per diem allowance. The subsistence costs in excess of the per
diem  are unallowable in that the costs'were not incurred  in  accordance with  the
Corporation's normal practices. The total of $464 of unallowable travel costs were charged
to the EPA subcontract.
  Details of the unallowable claims are shown as follows:
Employee  Date of Trip

    A    May 1-5, 1973
    B    May 24-30, 1973
    C    Mar 20-25, 1974
    D    Mar 14-16, 1974
No. of
 Days

  4%
  6
  5l/2
  2V4
Subsistence

  $166.82
   382.54
   291.66
    85.70
Maximum
  Using
Per Diem

 $118.75
  150.00
  137.50
   56.25
Unallowable
   Travel
    Cost

   $ 48.07
    232.54
    154.16
     29.45
Total
            $926.72
                  $462.50
                 $464.22
Corporation officials told us that the maximum per diem was not applied because trips
were made to high cost areas.
                                      9.6

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                                                                Schedule A-2(a)
                               XYZ Corporation
              Subcontract XXXX Under EPA Contract No. XXXXXX
                            Analysis of Payroll Costs
Individual

    A
    B
    C
    D
    E
    F
      Payroll
       Costs
     Claimed

      $14,897
       14,911
       11,043
        3,199
        3,257
        1,405
 Payroll
  Costs
Accepted

 $13,392
  14,430
  10,225
   3,052
   3,257
   1,405
  Payroll
   Costs
Questioned

   $1,505
     481
     818
     147
    •0-
    -0-
Reference
  Notes

  1
  2
  3
  4
Total
                      $45,761
                  $2,951
Reference Notes
1. Mr. A was employed full time at a salary of $10,500 per annum. Mr. A is a professional
employee who receives no overtime. His salary was  charged to the contract at $5.05 an
hours, $10,500 •=• 2080 hours. Our analysis of Mr. A's salary claims for FY 1973 and FY
1974 are as follows:
  FY 1973
    Claimed:
    Accepted:
2,350 Hours @ $5.05/Hr.,
Total Salary Paid Mr. A
                              $11,867
                               10,500
      FY 1973 Questioned
                                                            $1,367
  FY 1974

    Claimed:
    Accepted:
600 Hours @ $5.05/Hr.,
 During 1974 Mr. A worked
 2,150 hours by dividing
 2,150 hours into Mr. A's
 salary, $10,500, we computed
 an actual salary of $4.82/hr -
 600 Hours @ $4.82/Hr.,
                               $3,030
                                                                   2,892
      FY 1974 Questioned

Total Questioned
2. In FY 1973, Mr. B's time records showed only 1,450 hours spent on the subcontract. We
have questioned the 100 hours claimed in excess of that amount at the salary rate claimed
by the contractor.
    100 Hours @ $4.81/Hr.,
                                                            $ 481
                                      9.7

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3. In FY 1974, Mr. C's time records showed only 1,300 hours spend on the subcontract. We
have questioned the 200 hours claimed in excess of that amount at the salary rate claimed
by the contractor.

    200 Hours @ $4.09/Hr.,                                                $ 818

4. Mr. D was employed full time at a salary of $9,500 per annum. Mr. D is a professional
employee who receives no overtime. His salary was charged to the subcontract at $4.57 an
hour,  $9,500 - 2080 hours. Our analysis of Mr. D's salary  claims are as follows:

  FY  1973
    Claimed:  700 hours @ $4.57/Hr.,                               $3,199
    Accepted:  During 1973 Mr. D worked
              2180 hours by dividing 2180
              hours into Mr. D's salary,
              $9,500, we computed on
              actual salary of $4.36/hr. -
              700 hours @ $4.36/Hr.,                                3,052

      Questioned                                                          $  147
Corporation officials indicated that Mr. A and Mr. D had put in extra time and that they
did intend to pay them for this time. They agreed however that the claims for Mr. B and
Mr. C had inadvertently been overstated.

  (While the Corporation may have intended to pay Mr. A and Mr. D for their overtime, no
action had been taken to do so. There were no accruals of other liabilities established to
indicate that payment would be made.)
                                      9.8

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                                                                     EXHIBIT B

    COMMENTS ON COMPLIANCE, PERFORMANCE,
                  AND INTERNAL CONTROLS

  As part of our examination, we reviewed and tested the contractor's system of internal
accounting control to the extent we considered  necessary to evaluate the system as
required by generally accepted auditing standards. Under these standards the purpose of
such evaluation is to establish a basis  for reliance thereon in determining the nature,
timing, and extent of other auditing procedures  that are necessary for expressing an
opinion on the financial reports. The objective of internal accounting control is to provide
reasonable, but not absolute, assurance as to the safeguarding of assets against loss from
unauthorized use or  disposition, and the reliability of financial records for preparing
financial  statements  and  maintaining  accountability  for assets. The concept  of
reasonable assurance recognizes that the costs of a system of internal accounting controls
should not exceed the benefits derived and also recognizes that the evaluation of these
factors necessarily requires estimates and judgements by management.
  There are  inherent limitations that should be recognized in considering the potential
effectiveness of any system of internal accounting controls. In the performance of most
control procedures, errors can  result from misunderstanding of instructions, mistakes of
judgement, carelessness, or other personal factors. Control procedures whose effective-
ness depends upon segregation of  duties can be  circumvented by collusion.  Similarly,
control procedures can be circumvented intentionally by management either with respect
to the execution and recording of transactions  or with respect to the estimates and
judgements required in the preparation of financial statements. Further, projection of any
evaluation of internal accounting controls to future periods is subject to the risk that the
procedures may become inadequate because of changes in conditions  and that the degree
of compliance with the procedures may deteriorate.

  The "Audit Guide for EPA Contracts" issued February 1976 by the Environmental
Protection Agency requires a  review and evaluation of the adequacy of the accounting
system and internal controls to safeguard assets, check the accuracy and reliability of the
accounting data, promote operating efficiency, and encourage compliance with prescribed
management policies  and such additional  fiscal, accounting, and  administrative
requirements as EPA may establish. We understand that procedures in conformity with
the criteria referred to in the aforementioned Audit Guide are considered by EPA to be
adequate for its purposes in accordance with the Audit Guide and that procedures that are
not in conformity therewith indicate some inadequacy for such purposes. Based on this
understanding and on our study, we believe that the City's procedures were inadequate for
the purposes of EPA because of the conditions described below, which we believe are
material  weaknesses in relation to the contract to which this report refers. In addition to
such weaknesses, other conditions which we believe are not in conformity with the criteria
referred to above are described on the following pages.
                                      9.9

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PRIME CONTRACTOR'S PERFORMANCE

  In June 19XX, EPA terminated this contract. The close-out report prepared by progra..
officials stated:

  "Because of the poor performance record and because continuation of this program did
  not support the immediate objectives of the FY 19XX program, we determined that we
  could not justify continuation of this program. It was decided to inform the contractor
  that the  project would be terminated and  that a  final report should be submitted
  documenting all data and progress to date.

  "This office requested that the contractor submit a final technical report including the
  Phase I interim report updated to include a description of all field work conducted and
  data collected.  The Phase I report, as submitted, covers  a project planning and
  preliminary laboratory analysis in preparation for the field studies. Record-keeping and
  reporting on the field activities is totally inadequate. It appears that with the exception
  of the Phase I report the contractor dumped out his files, correspondences and all, and
  bound them with a cover titled final report. Unfortunately, adequate technical records of
  the field work are not believed to exist and personnel connected with the project left the
  contractor's organization before or within several weeks after the 'Final Report' was
  submitted. It is recommended that the 'Final Report' not be published."

  Since the EPA contract was awarded to accomplish specific objectives, the acceptability
of the work  performed  becomes critical in the determination  of whether or not the
contractor has earned his contract. In this instance, the program official's close-out report
raised considerable doubt as to the acceptability of work performed. The report did not,
however, indicate whether the contractor's "Final Report" was acceptable or sufficient
competent work was performed by the contractor to earn the total EPA contract.

  Recommendation: We recommend  that  EPA  obtain  a determination  as  to t.
acceptability  of the contractor's work  under this contract from responsible program
officials prior to closing out the contract. If EPA decides that the work was not acceptable,
they should establish the value of work actually performed.


PRIME CONTRACTOR'S ACCOUNTING SYSTEM
  Several improvements to the accounting system are necessary in order for it to be
considered adequate. Specifically, these are the maintenance  of time and attendance
records, and initiation of a procedure to provide an appropriate review and authorizing
signature on  all "memo invoices" forwarded to the accounting division for payment.

  There were no formal procedures for maintenance of time and attendance records at the
time of our audit. Even though the personnel working at the Agency are employed solely
for contract work, a record of time and attendance is necessary for annual and sick leave
purposes and as a matter  of good business practice.
                                       9.10

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  The personnel working under the contract were hired as independent consultants. As
such,  a "memo invoice"  was prepared for each employee every pay period by the
administrative assistant. These "memo invoices" were then forwarded to the accounting
division where individual pay checks were prepared and the expenditures recorded on the
accounting records. At the time of our audit, there was no procedure in effect for a review
of these invoices, or an authorizing signature by the Administrator of the Agency. As a
result, the administrative assistant was preparing the documentation for payment of all
pay checks, including her  own, as well  as other  miscellaneous payments, and the
accounting division made payment without further verification. In order to ensure proper
internal control and protect all employees involved, "memo invoices" should be reviewed
by the Administrator and an authorizing signature  affixed, prior to payment.

  Recommendation: We recommend  that the contractor be  required to implement
procedures to assure that time and attendance records are maintained to strengthen
internal controls over processing of "memo invoices."
  Contractor's Comments:  Contractor officials indicated  a  willingness to make the
suggested changes.
PRIME CONTRACTOR'S PROCUREMENT SYSTEM

  The  City  did not  go through a  competitive   selection  process  in  hiring   their
subcontractor. Instead, they simply hired the XYZ Corporation with whom they had done
previous business. In addition, no reviews  were made to determine whether the $100,000
cost proposed by the Corporation under their cost plus fixed fee contract was reasonable.
Thus, the procurement was  not made in accordance with FMC 74-7.
  Recommendation: We recommend that the contractor be  informed of the necessity of
adhering to the procurement requirements contained in FMC 74-7. In this regard, they
should be made aware that in the future the failure to adhere to such requirements may
result in the total costs of subcontracts being disallowed.

  Contractor's Comments: Contractor officials indicated that they would request a copy of
FMC 74-7 and assure the adequacy of their procurement methods.

PRIME CONTRACTOR'S PROPERTY MANAGEMENT
  Property was returned to EPA as required by the  EPA Property Administrator.
SUBCONTRACTOR'S PERFORMANCE
  The Corporation completed its  work and submitted its final report to the City of
Anywhere, U.S.A., on May 15, XXXX. According to correspondence, City officials accepted
this report and thanked the Corporation for its excellent work.
SUBCONTRACTOR'S ACCOUNTING SYSTEM

  Several improvements in the Corporation's accounting system are needed in order for it
to be considered fully adequate.
  The Corporation must establish procedures to adjust the payroll billing rates to reflect
the actual cost of work performed. When professional employees are not paid for overtime
hours, the salary charges should be computed  by dividing  the employees salary by the
hours actually worked.
  Improved reconciliation procedures are needed to assure that salary charges  are based
upon labor distribution records which tie with the Corporation's payroll. This will help
prevent unsupported or inappropriate salary charges.


                                       9.11

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  In computing its fringe benefits rate, the Corporation should include only the costs o
sick leave actually expended. This will help prevent the over-recovery of fringe benefits
costs.

  Recommendation: We recommend that the contractor implement procedures to assure
that:

    (1) Salary charges are based on actual salary costs divided by actual hours worked;

    (2) salary costs are properly supported by appropriate time records; and
                                                                       •
    (3) fringe benefits rates be computed exclusive of accrued sick leave.

  Subcontractor's  Comments: Subcontractor officials gave no indication as to whether or
not they would take the required corrective actions.

  Prime Contractor's Comments: The prime contractor agreed with the audit finding and
recommendation.
SUBCONTRACTOR'S PROCUREMENT SYSTEM

  Since no  items  were purchased under this subcontract, no review was made of the
Corporation's procurement system.
SUBCONTRACTOR'S PROPERTY MANAGEMENT

  Since no equipment has been purchased under Federal grants or contracts, no review
was made of the Corporation's property management system.
                                      9.12

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                     EXAMPLE  AUDITOR'S REPORT


     Area Audit Manager
     Office of Audit
     Environmental Protection Agency
     Any City, U.S.A.

     We have examined the statement of costs claimed (Exhibit A) by the ABC Company, Inc.
     under EPA Contract No. XXXX for the period (month, day, year) to (month, day, year).
     Our examination was made in accordance with the "Standards for Audit of Governmen-
     tal Organizations, Programs, Activities, and Functions"  the "Audit  Guide  for EPA
     Contracts" issued February 1976 by EPA,  and accordingly included such tests of the
  ^ accounting records and such other auditing procedures as we considered necessary in the
  8  circumstances.
  Cfl
  """ As part of our examination, the allowability of costs claimed under the contract was
     determined in accordance  with the provisions of the contract and applicable Federal
     regulations. Schedule A-I sets forth the costs which we questioned in  this  regard and
     includes an explanation of the reason such costs were questioned.


     In our opinion subject to the effects, if any, on Exhibit A of the ultimate resolution by the
  'g Environmental Protection  Agency of the questionable expenditures referred  to in the
  •g preceding paragraph,  Exhibit A presents  fairly the  financial information contained
  'a therein in accordance with the financial provisions of the contract and generally accepted
   , accounting principles.


g 2 In addition, in connection with  our examination of the statement of costs claimed, we
S t« nave reviewed the Contractor's system of internal control and compliance with provisions
g & of the contract and applicable Federal regulations. Our report thereon appears as Exhibit
a & f>

^    This report is intended for use in connection with the contract to which it refers and
     should not be used for any other purpose.
         DATE
         SIGNATURE
                                           9.13

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                                                          EXHIBIT A

                       ABC COMPANY, INC.
                    EPA CONTRACT NO. XXXXXX
                  STATEMENT OF COSTS CLAIMED
FOR THE PERIOD (MONTH, DAY, YEAR) THROUGH (MONTH, DAY, YEAR)

                                                              COSTS
                                                           CLAIMED

 Personnel                                                   $ 937,562
 Equipment                                                     46,462
 Supplies                                                       31,813
 Travel                                                         14,099
 Consultation & Services                                           48,984
 Alteration & Renovations                                          4,241
 Data Processing                                                  1,262
 Indirect Costs                                                   56,261

 Total Costs                                                  $1,140,684

 Federal Share                                                $1,140,684
                                9.14

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                                                                  Schedule A-l
                              ABC Company, Inc.
                          EPA Contract No. XXXXXX
              Statement of Costs Claimed, Accepted, and Questioned
            For the Period (month, day, year) Thru  (month, day, year)

                                       Auditor's Recommendations
Description
Costs
Claimed
$ 937,562
46,462
31,813
14,099
48,984
4,241
1,262
56,261
$1,140,684
$1,140,684
Costs
Accepted
$ 937,562
46,462
31,813
13,199
48,984
4,241
1,262
56,261
$1,139,784
$1,137,500
Costs
Questioned



$ 900




$ 900
$3,184
$1,137,500
Reference
  Notes
Personnel
Equipment
Supplies
Travel
Consultation & Services
Alteration & Renovations
Data Processing
Indirect Costs

  Total Costs

  Federal Share

Funds Provided

REFERENCE NOTES:

1. Costs  questioned represent the cost of a trip to Montreal, Canada. While contract
provisions require approval of foreign travel, we could find no evidence that such approval
was obtained.
2. Contract No.  XXXXXX contained a ceiling of $1,137,500.  Our  review  disclosed,
however, that the contractor incurred $1,139,784 of acceptable contract costs. The
contractor is not entitled to the $2,284 overrun without approval of the Contracting Office
and amendment  of the contract.
                                      9.15

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                                                                     EXHIBIT B

    COMMENTS ON COMPLIANCE, PERFORMANCE,
                  AND INTERNAL CONTROLS

  As part of our examination, we reviewed and tested the contractor's system of internal
accounting controls to the extent we considered necessary to evaluate the system as
required by generally accepted auditing standards. Under these standards the purpose of
such evaluation is to  establish a basis for reliance thereon in determining the nature,
timing, and extent of other  auditing procedures that are necessary for expressing an
opinion on financial reports.

  The objective of internal accounting control is to provide reasonable, but not absolute,
assurance  as  to the  safeguarding  of assets against loss  from unauthorized  use or
disposition, and the reliability of financial records for preparing financial statements and
maintaining accountability for assets. The concept of reasonable assurance recognizes
that the costs of a system of internal accounting controls should  not exceed the benefits
derived and also recognizes  that the evaluation of these  factors necessarily requires
estimates and judgements by management.
  There are inherent limitations that should be recognized in considering the potential
effectiveness of any system of internal accounting controls. In the performance of most
control procedures, errors can result from misunderstanding of instructions, mistakes of
judgment, carelessness, or other personal factors. Control procedures whose effectiveness
depends upon segregation of duties can be circumvented by collusion. Similarly, control
procedures can be circumvented intentionally by management either with respect to the
estimates and judgments required in the preparation of financial statements. Further,
projection of any evaluation of internal accounting controls to future periods is subject to
the risk that the procedures may become inadequate because of changes in conditions and
that the degree of compliance with the procedures may deteriorate.

  The  "Audit Guide for EPA Contracts" issued February 1976,  by the Environmental
Protection Agency requires a review and evaluation of the adequacy of the accounting
system and internal controls to safeguard its assets, check the accuracy and reliability of
the accounting data, promote  operating efficiency,  and encourage compliance with
prescribed management policies and such additional fiscal, accounting,  and administra-
tive requirements as EPA may establish. We understand that procedures in conformity
with the criteria referred to in the aforementioned Audit Guide are considered by EPA to
be adequate for its purposes in accordance with the Audit Guide and that procedures that
are not in conformity therewith indicate some inadequacy for such purposes. Based on
this understanding and on our study, we believe that the company's procedures were
adequate for the purposes of EPA except for the conditions described below,  which we
believe are material weaknesses in relation to the contract to which this report refers. In
addition, to such weaknesses, other conditions which we believe are not in conformity
with the criteria referred to above are described on the following pages.

PERFORMANCE

  According to Program Officials' evaluation of the contract, the Company has one of the
best air pollution control devices in the country. No significant weaknesses were discussed
in the EPA evaluation report.

ACCOUNTING SYSTEM

  Based upon our review, we have determined that the Company's accounting system is
adequate to account for costs  incurred under the EPA contract.

                                       9.1 6

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 PROCUREMENT

  The procurements made under the contract were handled in accordance with the
Company's normal procurement practices and such practices were found to be acceptable.
PROPERTY MANAGEMENT

  In reviewing the Company's property management, we found that the Company's
procedures were in accordance with EPA regulations. Our tests indicated that these
procedures were being followed.
                                      9.17

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      APPENDIX A

SURVEY OF CONTRACTOR'S
  MANAGEMENT SYSTEMS
           A-l

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Survey of Contractor's
 Management Systems
System
Accounting
1. Has the contractor established project accounting
records to record the costs applicable to EPA
contracts?
2. Are all costs of a project recorded on these
records?
3. Are the costs in these record^ used as the basis for
the contractor's financial status reports or
vouchers?
4. Are the costs recorded on these records reflected
on and reconciled with control accounts con-
tained in the contractor's general ledger?
5. Are project accounts broken into subaccounts by
cost element?
6. Are comparisons made between budgeted and
expended amounts to provide an early indication
of overruns?
7. Is appropriate documentation maintained to
support the costs of:
a. personnel?
b. consultants?
c. fringe benefits?
d. purchases of material, supplies, and equip-
ment?
e. travel?
f. other costs?
8. Before being recorded, are the costs contained in
the project accounting records subjected to review
as to their reasonableness, allowability, and
allocability to the EPA contracts?
9. Are controls established to segregate costs in-
curred prior to or subsequent to the established
contract period?
Yes

































No

































N/A

































W/P Ref.

































         A-2

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System
Accounting (continued)
10. Are the controls or procedures exercised in
administering federal expenditures the same as
those utilized in the expenditure of the contrac-
tor's funds? (When the contractor's requirements
are more stringent than EPA requirements, it is
expected that the contractor will treat federal
funds as he would treat his own.)
11. Are the contractor's accounting records subjected
to an independent audit at least every two years?
Cash
12. Are appropriate controls in effect to determine
that vouchers or requests for advances are based
on actual expenditures recorded on the contrac-
tor's project accounting records?
Personnel '
13. Are procedures established to determine that
employees working under federal contracts are
paid at rates comparable to the rates paid other
employees?
14. Do the personnel and/ or payroll records provide
support for time and attendance, leave, and
earnings for all employees?
15. Are time distribution records maintained to show
the amount of time spent on federal contracts as
well as the time spent on other activities?
16. Are controls in effect which provide for personnel
costs to be distributed in accordance with the time
reflected on time distribution records, i.e.,
reconciliation of labor distribution and payroll
records?
17. Have controls been established to assure that
overtime is appropriate for the project approved
in accordance with company policies, and accept-
able under the terms of the contract?
18. When personnel are working on projects other
than that sponsored by the federal grant, do
procedures provide for the cost of overtime to be:
a. charged to the federal project on which the
overtime was spent?
b. allocated over the individual's total work
during that period?
c. treated as an indirect cost?
d. other?
Yes












No












N/A












W/P Ref.












A-3

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System
Personnel (continued)
19. Have procedures been established governing the
charges of personnel time related to partners or
principles in closely held corporations?
. 20. Are formal procedures established with respect to
bonuses, retirement plans, and/ or profit sharing?
Procurement
21. Are procedures established to determine wheth-
er professional services, equipment, material,
and/ or supplies requested are really needed?
22. Are existing supplies or inventories reviewed
determine whether items requested are not
already available?;
• 23. Are fprmal procurement procedures established to
require that equipment, material, and supplies are
obtained on a competitive basis?
24. Are solicitations obtained from several sources so
that the contractor obtains the most qualified
party to perform needed professional services?
25. Are quotations obtained and reviewed to deter-
mine whether the price proposed is reasonable to
the contractor and EPA?
26. Are procedures established to determine whether
the type of contract utilized is appropriate for the
procurement being undertaken?
27. Are procedures established which prohibit the
contractor from utilizing types of contracts
unacceptable to the Federal Government?
28. Are internal controls utilized to determine wheth-
er contracts contain all required clauses:
a. access to records?
b. ownership of data?
c. termination?
d. applicable cost principles?
e. defective pricing (fixed price contracts)?
29. Are procedures in effect which provide for the
contractor to request and obtain all required
approvals:
a. subcontracts?
b. equipment purchases?
c. other capital expenditures?
Yes




















No




















N/A




















W/P Ref.




















A-4

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System
Travel
30. Does the contractor have adequate established
policies governing reimbursement for travel?
31. Do these policies:
a. require the submission of travel vouchers
showing the time and purpose of travel?
b. clearly indicate the nature of expenses being
claimed?
c. require the submission of supporting documen-
tation?
Obligations
32. Are procedures established to require that obliga-
tions reported are supported by appropriate
purchase orders, contracts, etc?
33. Do these procedures require that obligations are
periodically reviewed with regard to their validi-
ty?
34. Do the procedures require the timely liquidation
of the obligations and the updating of informa-
tion contained on financial status reports?
Indirect Costs
35. Has the contractor established procedures indi-
cating which costs are considered direct costs as
opposed to indirect costs?
36. Is the contractor claiming indirect costs under
federal grants and contracts?
37. Has the contractor been submitting the required
indirect cost proposals to the federal agencies or
retaining them for review during audit?
38. Have these proposals been audited and negoti-
ated?
Property Management
39. Has the contractor established an equipment
inventory system for controlling property ob-
tained under federal contracts?
40. Does this inventory system show:
a. a description of the item?
b. a related property tag number?
c. the federal equity in the equipment?
d. the location of the equipment?
e. the condition of the equipment?
41. Are periodic inventories made to validate inven-
tory information?
Yes



















No



















N/A



















W/P Ref.



















A-5

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System
42. Was receipt of government property reported to
EPA Property Administrator?
43. Are procedures established governing the use of
government property? Do these procedures re-
quire that such property be used only in connec-
tion with performance of under the contract on
which it was provided?
44. Do these procedures require that prior EPA
approval be obtained for any changes in use or
disposition of government property?
Refunds, Rebates, and Credits
45. Have procedures been established which require
that any refunds, rebates, and credits generated
under the contract be identified and that EPA
receive appropriate credit for such amounts?
Yes















No















N/A















W/P Ref.















A-6

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                            APPENDIX B
              EPA AREA AUDIT OFFICES AND
             COGNIZANT GEOGRAPHIC AREAS
        Address of Cognizant
        EPA Area Audit Office

Mr. Juan Soto, Jr.
Area Audit Manager
Environmental Protection Agency
Mid-Atlantic Area Audit Group
401 M Street, S.W., Rm. 3704
Washington, B.C. 20460
(202) 755-0953
Mr. Joseph J. DeRosa
Area Audit Manager
Environmental Protection Agency
Eastern Area Audit Group
90 Churtfh Street - Rm. 802
New York, NY 10007
(212) 264-5730
Mr. Roger  Smith
Area Audit Manager
Environmental Protection Agency
Northern Area Audit Group
1 North Wacker  Drive
Chicago, Illinois 60606
(312) 353-7910
Mr. Truman R. Beeler
Area Audit Manager
Environmental Protection Agency
Western Area Audit Group
100 California Street
San Francisco, California 94111
(415) 556-1954
Mr. Leslie M. Buie
Area Audit Manager
Environmental Protection Agency
Southern Area Audit Group
Suite 921
1720 Peachtree Road, N.W.
Atlanta, Georgia 30309
(404) 526-3623
         Geographic Area
Pennsylvania, Delaware, Maryland, Vir-
ginia, West Virginia,  and  Washington,
D.C.
Maine, Connecticut, New York, Massa-
chusetts,  Rhode Island,  Vermont, New
Hampshire, New Jersey, Puerto Rico, and
Virgin Islands
Ohio, Michigan,  Wisconsin, Minnesota,
Indiana, Illinois, Iowa, Nebraska, Missou-
ri, and Kansas
Colorado, Utah, Nevada, Hawaii, Wash-
ington, Oregon, California, Idaho, Mon-
tana, Wyoming, Arizona, North Dakota,
Alaska and South Dakota
Alabama, North Carolina, South Caroli-
na, Florida, Georgia, Mississippi, Texas,
Arkansas, Tennessee, Kentucky, Oklaho-
ma, New Mexico, and Louisiana
                                    B-l

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                             APPENDIX C


                            REFERENCES


1.  GAO "Standards for the Audit of Government Organizations, Programs, Activities,
   and Functions"

2.  Code of Federal Regulations, Title 41, Public Contracts and Property Management,
   Titles 1 and 2 (of special interest are):

     Parts                     Description

     1-2                    Advertised Procurement
     1-3                    Negotiated Procurement
     1-7                    Contract Clauses
     1-8                    Terminations
     1-15                  Cost  Principles for Contracts with  Various Types of
                           Organizations

3.  Guide  for Control  of Government Property  by Contractors,  EPA Facilities, and
   Support Services Division, September 1973
                                             Environmental Protection Agency'
                                             Region V, Library
                                             230 South Dearborn Street
                                             Chicago, Illinois 60804

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