Presentation on theme: "When is a Loss a “Loss” CLEARED FOR PUBLIC RELEASE Tom Ruckdaschel"— Presentation transcript:
1When is a Loss a “Loss” CLEARED FOR PUBLIC RELEASE Tom Ruckdaschel Presented By:Tom RuckdaschelJune 26, 2012
2I do not speak for the assigned Property Administrator 2
3The information contained in this presentation represents only the personal views of the presenter and not necessarily those of the United States Government, DoD or DCMA. The information presented should not be construed as changing or modifying any statute, regulation, DoD or DCMA policy or guidance, or any term(s) of any contract with the United States Government or any department or agency of the United States Government. The information presented also does not affect in any way, any on-going or future property management system analysis.
4Learning Objectives At the end of this session, attendees will know: The regulatory definition of “loss of Government property” (FAR and DFARS )The difference between “loss of Government property” and reasonable inventory adjustmentsFAR and DFARS requirements on “loss of Government property” including:Government requirements (policy/oversight)Contractor requirements (reporting & disclosure)Government’s policy on self-insuranceContractor, property administrator, and contracting officer responsibilities
5First things First What is a loss? Losses are: “…unintended, unforeseen, or accidental loss, damage or destruction of Government property that reduces the Government’s expected economic benefits of the property.”“Loss of Government Property” as defined in the Federal Acquisition Regulation , APRIL 2012But there is much more to the story…
6What is Gov’t Property? 2017: DoD audit readiness goal! 2017 Assets PP&EInventory/OM&SReal PropertyPersonal PropertyRepairablesConsumablesInternal Use SoftwareLand2017: DoD audit readiness goal!FacilitiesEquipment2017Military EquipmentBuildingsStructuresGeneral Purpose EquipmentLinear
7Government Property (cont.) AssetsPP&EInventory/OM&SReal PropertyPersonal PropertyRepairablesConsumablesInternal Use SoftwareLandDistilled into four (4) types under the Federal Acquisition RegulationFacilitiesEquipmentMilitary EquipmentBuildingsStructuresGeneral Purpose EquipmentLinear
84 “Contract Property” 1. Equipment (for use or repair) AssetsPersonal Property1EquipmentSpecial ToolingSpecial Test Equip.Material234For Repair1. Equipment (for use or repair)2. Special Tooling3. Special Test Equipment4. MaterialFor “Use”4types of contract property
9“Contract Property”(cont.) AssetsPersonal PropertyEquipmentSpecial ToolingSpecial Test Equip.MaterialCost PrinciplesFARFARNot talking progress or advanced payment property(yes, I know Gov’t has title during the life of the contract)Either acquired under CR contracts, orFurnished by the Gov’t(regardless of contract type)
10Current Regulatory Landscape Federal Acquisition Regulation (FAR)Part 45-Government’s PolicyClause (June 2007, August 2010, April 2012)Defense Federal Acquisition Regulation Supplement (DFARS)Part 245—DoD PolicyDFARS clauses:(Reporting of GFE to the DoD UID Registry)*(Tagging, Labeling and Marking of GFP)(Reporting Loss of Government Property)(Contractor Property Management System Admin.)(Reporting, Reutilization, and Disposal)Procedure, Guidance and Information* Under revision: DFARS case 2012-D001
11The Regulatory StateFederal Acquisition Regulations System (Title 48 of the U.S. Code of Federal Regulations (CFR))Federal Acquisition Regulation = Chapter 1, Parts 1-99 of 48 CFRDefense Federal Acquisition Regulations = Chapter 2 , Parts of 48 CFRFAR: provides uniform policies and procedures for acquisitions by executive agencies of the Federal GovernmentIssued and maintained by (DoD), General Services Administration and the National Aeronautics and Space AdministrationDFARS: issued and maintained by DoDDoD specific; delegations of FAR authorities
12Background “Contract property” losses ChallengingComplex (but not complicated)Often misunderstoodMany inter-connecting partsUntil recently, “loss” was not defined“Losses” were just about anything; e.g., “shortages,” “variances,” destructive testing (purposeful), inventory adjustments, normal wear and tear, manufacturing defects, maintenance actionsWide swings of interpretationResult:Inconsistent reportingInefficiency (= cost)
14What are contractors required to do? Lets look at basic requirementsFAR (APRIL 2012)The Contractor shall have a system of internal controls to manage (control, use, preserve, protect, repair and maintain) Government property in its possession.A stewardship responsibility:“Contractor’s responsibility extends from the initial acquisition and receipt of property, through stewardship, custody, and use until formally relieved of responsibility by authorized means, including delivery, consumption, expending, sale (as surplus property), or other disposition, or via a completed investigation, evaluation, and final determination for lost, damaged, destroyed, or stolen property.”
15Contractor Resp (cont.) What makes a good system?Must be “adequate”* (satisfy the requirements of FAR )Strong managementUp-to-dateStrong internal controlsTimelines where they make senseClear lines of authorityOutlines organizational accountabilityDescribes methods for performing tasksAddresses (additional) contract terms and conditions*and approved under the DFARS BSR
16Relief of Responsibility (cont.) Relief of stewardship responsibility. Contractors are granted relief when:Property is consumed or expended or otherwise accounted for, in the performance of the contract, INCLUDING reasonable inventory adjustments of material as determined by the property administrator;Property administrator grants relief of responsibility and liability for loss of Government propertyNotice!1) adjustments; and 2) “loss” are broken out separatelyThis is intentional Why? Because adjustments and “loss’ are two different thingsDefined differentlyManaged differentlyReported differently
17So then, what exactly is a Loss of Government So then, what exactly is a Loss of Government property as opposed to a (reasonable) inventory adjustment?Let us contrast and compare
18Losses are… We know from the previous slide that losses are: “…unintended, unforeseen, or accidental loss, damage or destruction of Government property that reduces the Government’s expected economic benefits of the property.”“Loss of Government Property” as defined in the Federal Acquisition Regulation , APRIL 2012
19Losses are (cont.) Includes: Does not include: Property that can’t be found after a reasonable searchTheftDamage or destruction from unexpected incidents rendering the item useless for its intended purposeDoes not include:Reasonable inventory adjustmentsPurposeful destruction testingObsolescenceNormal wear and tearManufacturing defectsSo…we now know what a loss is/isn’t
20Okay then, so what exactly are inventory adjustments? The better question is—what are reasonable inventory adjustments?Neither the FAR or DFARS offer a definitionGOOGLE:Inventory adjustments: 27,100,000 resultsReasonable inventory adjustments: 7,070,000 results
21Reasonable Differences: “Losses that occur naturally as a result of shrinkage, residue from the loading process, material sinking into the ground, etc. Such losses can be expected to fluctuate, depending on the commodity, method of storage, etc.”DNSCM21
22I give you...Tom’s definition: Reasonable inventory adjustments are:“Differences between record and actual counts that are within established ranges or tolerances.”
23Inventory Adjustments (cont.) Inventory adjustments must be reasonableInventory adjustments must be:Reasonable (reference FAR (c) and )Pre-defined, not upon arrival. In other words, documented in the property management procedurePosted to the accountable property record (IAW procedure); typically not “reported” to the property administrator; contractor adjust records internally—without PA approval/involvementWhy…because the process should have already be documented and agreed to in the property management procedure (PA reviews adjustment mechanisms and documentation during the review)Considered “loss of GP” if not defined in the procedure (in which case, the PA must review, approve, etc.)
24Oh, by the way… “Reasonable adjustments arising from differences Reasonable inventory adjustments are also mentioned in FAR Part 31:FAR :“Reasonable adjustments arising from differencesbetween periodic physical inventories and bookinventories may be included in arriving at costs…”PS: “Property” is mentioned in many “FAR” off places—always look around
25Lets take it a step further… What does the DFARS say?
26DFARS Definition of Property Loss DFARS clause (FEBRUARY 2011)Loss of Government Property:“…unintended, unforeseen, or accidental loss, damage or destruction of Government property that reduces the Government’s expected economic benefits of the property.”Notice anything?Same definition as the FARBoth FAR and DFARS have the same definition of “Loss of Government Property” And…
27DFARS(cont.) We see the same inclusions and exclusions: Includes: Property that can’t be found after a reasonable search, theftDamage or destruction from unexpected incidents rendering the item useless for its intended purposeDoes not include:Reasonable inventory adjustmentsPurposeful destruction testingObsolescence, normal wear and tear, manufacturing defects[From DFARS clause (FEBRUARY 2011)]
28So, as you can see, both FAR and DFARS say the same thing…but, …the DFARS takes things a bit further!
29Reporting Requirements DFARSParagraph (b) (1): “The contractor shall use the DCMA eTools software application for reporting loss of Government property”Paragraph (b) (2): “Unless otherwise provided for in this contract, the requirements of paragraph (b) (1) of this clause do not apply to normal and reasonable adjustments of non-sensitive…losses of low-risk consumable material such as common hardware, etc. Such “losses” are typically a result of normal process variation.
30“Normal Process Variation” So, what is normal process variation?Better question: what is variation(?):Variation is: “A change in data, a characteristic, or a function that is caused by one of four factors:”*1) Special causes; 2) Common causes3) Tampering; 4) Structural variationFor today, we will cover two (2) types of variation:Common cause: chance, not assignable, natural patternSpecial cause: assignable, definable, unnatural patternEasy to distinguishCommon cause: predictable; not a surpriseSpecial cause: a surprise; not predictable*DoD LSS Green Belt Course
31"Special Cause variation in a process (say, an inventory count) stems from an unusual, identifiable occurrence (like product damage from a roof leak); whereas Common Cause is natural or random variation that is inherent in the process (perhaps routine variation between different people measuring square footage, or fluctuations due to the time of day that a warehouse inventory is conducted, etc.).“DCMA LSS office31
32Comparison of Variation Types DoD LSS Green Belt UNCLASSIFIED1/8/2011Comparison of Variation TypesSpecial causes, for example, could result from someone tripping over the shooter when the gun is firedSpecial CauseCommon causes, for example, could result from equipment out of adjustment.Process for Identifying Special CausesCheck all the W.E. rules each time you plot a point.Look across the entire chart.Circle all special causes.Investigate immediately – this especially important. Don’t lose the opportunity to learn as much as possible about the conditions that caused this special cause variability.Take notes on the investigationYOU must investigate and eliminate the special cause! And, remember, time is your enemy. The longer it takes, the less likely you’ll find the root cause.Out of bounds is always a special cause on the range chart. Other special causes could be false alarms.Record your notes on the investigation in the Notes section of the control chart so that they will be available to everyone who sees the chart.The average chart shows variation over time; therefore, special causes on the average chart mean the process location is changing.The range chart shows variation at a particular point in time; therefore, special causes on the range chart mean a change in process variation.The Shewhart model decomposes this variation into either:Common Cause VariationThis is the consistent, stable, random variability within the processWe will have to make a fundamental improvement to reduce common cause variationIs usually hard to reduceSpecial Cause VariationThis is due to a specific cause that we can isolateSpecial cause variation can be detected by spotting outliers or patterns in the dataUsually easy to eliminateThink of the best process performance as the target’s bull’s-eye. Deviations from the perfect performance can be caused by routine, common factors or by an assignable, special cause.Common CausesControl Charts
33Pop Quiz Is this normal variation? Example for educational purposes onlyIs this normal variation?Source:
34Inventory Adjustments (cont.) So, normal variation can be identified as being produced by common causesBack to the DFARS clause:The Contractor shall report losses of Government property outside normal process variation; e.g., losses due to—Theft; poor storageLack of physical securityActs of GodWhy?Because these events would not likely be attributed to common causes
35"When calculating inventory record accuracy, it is necessary to define what will be considered an error. An error can be defined in various ways, including (1) any error in the item record, such as location, description, and quantity or (2) quantity errors exceeding established tolerances.Tolerance is a range within which an actual value or quantity can disagree with the inventory record and still be considered accurate for the purposes of calculating inventory record accuracy."Executive Guide: Best Practices in Achieving Consistent, Accurate Physical Counts of Inventory and Related Property GAO G (March 2002)
37What About FAR Reporting Requirements? FAR reporting requirements [ (f) (vi) (A)]: “Unless otherwise directed by the Property Administrator, the contractor shall investigate and promptly furnish…a written narrative of all incidents of loss damage, destruction, or theft, as soon as the facts become known or when requested by the Government.”You will notice—the FAR does not say:“… unless otherwise directed by the Property Administrator, the contractor shall investigate and report to the Government all incidents of inventory adjustments.”Why? Another pop quiz!
38Reporting Requirements (cont.) Why? Because losses and adjustments are two different thingsAs we said earlier…contractors are granted relief when:Property is consumed or expended or otherwise accounted for, in the performance of the contract, INCLUDING reasonable inventory adjustments of material as determined by the property administratorBottom Line: Both FAR and DFARS language deliberately distinguishes between losses and adjustmentsAnd so should you!
39PA ResponsibilitiesSo what happens in a real “loss of Government Property” situationFirstReview: the contract (The Gov’t generally self-insures, but be mindful of unique contract terms and conditions)Second:Examine: facts and circumstancesThirdDetermine casualty; nexus to the contractor’s property system; is a deficiency involved(?)Appropriateness and effectiveness of corrective actionsRelieve contractor of responsibility and liability or recommend the Contracting Officer hold contractor responsible/liable
40What if the loss occurred at a sub? The FAR is “blind” to where the loss occurredThe prime contractor is responsible for its subsThe contract terms and conditions for liability are between Government and prime contractor“Where” does not matter to the FAR; what matters is who signed the contract; i.e., who is accountableHowever…The prime is required to flow down to its subs the “appropriate” risk of loss provisionIf the prime flowed down full risk of loss and held its subcontractor financially responsible, the Government would be entitled to the monies received (“otherwise reimbursed”)
41CO ResponsibilitiesAssuming the PA recommends the contractor be held responsible and liableReview the PA’s recommendationsDetermine:The extent of contractor responsibility and liabilityIntrinsic value of the property (PAs can assist here!)Is the property still needed for contract performance (?)If damaged, can the property be repaired (?)Appropriate form of recoveryRepairReplaceOther; i.e., financial restitution
42Contracting Officer Resp. Review PA’s recommendationDetermine:Extent of contractor liability—what does the contract say?“Intrinsic” value (value to the owner)Dynalectron Corp vs. U.S (ASBCA No 29,831; 85-3 BCA para 18,320)Appropriate form and method of recoveryRepairReplaceOther ($)Make the callInform contractor
43Liability PolicyThe Government generally self insures against property loss-“The magnitude of the government’s resources obviously makes it more advantageous for the Government to carry its own risks than to shift them to private insurers at rates sufficient to cover all costs, to pay their operating expenses, including agency of broker’s commissions, and to leave such insurers a profit.” (19 Comp. Gen 211, 214 (1939))The FAR provides basic policy at FAR
44Intrinsic Value REPLACEMENT SCRAP VALUE GP is Lost or destroyed. Government STILL has acurrent or probableFuture need.LIABILITY VALUATION:REPLACEMENTGovernment has NOSCRAP VALUEGP is damagedGovernment still has aVALUATION:REPAIRSALVAGEIntrinsic Value
45Bottom Line/Take Aways So now we know what losses are--Reasonable inventory adjustments are not lossesLoss of Government property are not (cannot be) reasonable inventory adjustmentsReasonableness must be pre-determined—not upon arrivalLOSSES always apply to Equipment, Special Tooling or Special Test Equipment –and high-risk ; i.e., sensitive propertyInventory adjustments NEVER apply to Equipment, Special Tooling or Special Test EquipmentLOSSES sometimes apply to Material—but not alwaysWhy is all this important?? Your turn!
46Summary ConclusionsIt’s important to stress that the concepts presented here are general guidelinesIndividual circumstances will varyIs the contractor’s system adequate/approved?Does it have significant deficiencies?Is sensitive property involved?Much preparation needs to go into ensuring these guidelines applyNone of this happens “upon arrival”Property administrator must agreeCollaboration is key