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Why I Will Never Again Hire an Ex-DCAA Auditor

May 14, 2011 Leave a comment

My previous post described how DCAA staff referred us, albeit indirectly, to an ex-DCAA auditor who had become a consultant after retiring. We did hire him. In this post I am going to tell you why that was a pivotal mistake on my part and, most likely, the defining moment in our prolonged and painful contract dispute with the government. But before getting down to business, I want to make sure to stress that my position on DCAA or DCMA staff is strictly a professional opinion. I do not know any of these folks on a personal level but, from what I have observed, I wouldn’t at all mind having any one them as a neighbor. At some future post we will get into how structural deficiencies within the DCAA and DCMA have created core organizational flaws with respect to how small businesses are handled. These flaws, coupled with what I feel is an intentional lack of supervisory sophistication, particularly at DCMA, creates incentives and unwritten policies for their staff to behave in a certain manner. I’ll cover that in a future post as well. For now, however, lets get back to our experience with the ex-DCAA auditor. Since then, I have worked with several DCAA auditors, including ex-auditors, and have found that the problems we experienced with our consultant appears “universal”. Here is a short list of the five topmost problems with ex-DCAA auditors, at least in our experience.

1. Poor Communication: DCAA auditors appear to have been trained to minimize communication with contractors; are frustratingly averse to almost any written communications; and generally pick their words carefully in order to leave themselves plenty of room to change their position – the old “wiggle room”. While all these may server government purposes well, it is not something you want in your consultant. Look at it this way… Auditors are human and after doing something (e.g., communications) in a certain way (e.g., defensively) for a long time, it becomes a habit. The longer they have been an auditor, the more likely you will have communications issues.

2. Telling vs. Explaining: DCAA auditors typically do not explain their demands or decisions. This is acceptable of course when they are representing the government, auditing your books. In that context, it is not reasonable to expect the auditor to become your cost accounting mentor. But your consultant should “explain”, rather than “tell” and not be instantly offended when you ask questions or disagree. Furthermore, the consultant should be able to take a longer view of the issues, such as what happens to your indirect rates next year based on decisions you make this year but DCAA auditors typically only focus on the matter they are working on. Another problem I have noticed with DCAA auditors is that they mostly have really fragile egos and it is not something your consultant can easily change. So as soon as you question your consultant, here comes the “I’ve done this for 30 years and I am telling you … ” – and it will then be up to you to take their word at face value or go spend hours digging to verify it. Don’t know about you but if I ask my consultant for an explanation, I expect an explanation not a lecture. An extension of the same can be classified as “doing vs. directing”. If you have worked with a DCAA auditor as part of a contract audit or review, you know that you will get a call with a list of (additional) information/documents the auditors needs and it is up to you to meet his/her demands and deadline. In our experience, ex-auditors bring the same attitude to consulting assignments. One of the most frustrating issues we had with the ex-auditor we hired was really a fundamental misalignment between what an auditor does and how and auditor works, vs. what a consultant does and how a consultant works. What we needed is to give our books, which were quite reasonable by commercial standards, to the consultant and get a DCAA-acceptable version back. To be clear, we weren’t looking for a magic wand or miracles and expected to have some interactions but we also weren’t looking to become accountants. Unfortunately, the consultant’s idea of help was to tell us what we needed to do, often in very general terms or accounting lingo, and then expect us to do it so he could review. Exactly the way he worked as an auditor for most of his career. Imagine if your plumber or IT consultant or cleaning crew worked this way and you’ll surely immediately understand the problem.

3. Lack of Current Software Knowledge: While it is impossible to expect to hire a consultant that immediately knows everything you need them to know, DCAA auditors use a proprietary system and, in our experience, the limit of their commercial software knowledge is Excel and Email. None of the ex- or current DCAA auditors I’ve worked with knew (or admitted to know) QuickBooks. So we ended up spending a lot of time training our ex-DCAA auditor-consultant on how QuickBooks works while he charged us $100 an hour for his time. Of course! Why not! The straw that broke the camel’s back, for us anyway, was that he was also learning at the same pace as a career bureaucrat who is sent to off-site training. A key problem, and you want to take note of this if you use QuickBooks, is that he was convinced the only way to implement cost allocation was through using class codes. If you have ever used class codes in QuickBooks, you know that they are randomly defined and assigned and are not subject to the normal checks-and-balances of the accounting system. So, basically, they are the equivalent of color stickies that someone might use to organize their tasks. The trouble with the approach is that it is error-prone and if you get one class code wrong, your reporting is off, your invoicing is off, your rates are off, your reconciliation is off, your ICP is off, and you probably end up losing a bunch of money on your final audit. After spending many hours on this issue we realized that his lack of QuickBooks knowledge was the problem in that he literally couldn’t imagine implementing it any other way. Of course that was not correct and our next consultant – whom we still work with – implemented the allocation in a way that was subject to the software’s accounting checks and balances.

4. Getting Dragged into Branch Politics: Just like any other organization, DCAA has its own internal politics. Your cognizant branch is, after all, made up people who do the same thing over and over. Add to that the fact that auditors are generally not welcomed or received with great deal of enthusiasm, if any, and it becomes natural for local branches to develop into a closed-knit tribes. As with any such environment, internal politics are a fact of life. So when you hire an ex-DCAA auditor, in our experience anyway, you unintentionally include yourself in that office’s internal politics. If the DCAA auditor assigned to your audit, and his or her supervisor, like(d) your guy, then chances are your audit will go smoothly. If not, they will “take it out” on you. We have in fact experienced this phenomenon ourselves but that story is for another post. You also might have an issue if you terminate your ex-auditor consultant. We suspect this very same act contributed significantly to our difficulties with the DCAA but something like this is very hard to prove and I want to make sure to emphasize that we only suspect this happened but have no proof. Yet.

5. Taking Responsibility: If I had to pick only one reason for not hiring ex-DCAA auditors, is that they NEVER, in my experience, take responsibility for their advice. Keep in mind that DCAA only “recommends” and, theoretically, does not have any enforcement power. Anyone who has been in this business more than a day will of course laugh at that position and immediately point you to the sickeningly feeble DCMA that, in our experience, acts very much as the enforcement arm of the DCAA. The fact is that DCAA auditors enjoy amazingly broad freedoms bestowed by Congressional mandate. There is also no defined or prescribed consequences for their actions. In short, because they never do anything except “recommend”, they are never held accountable for the outcome of their “recommendations” and they absolutely do not take any responsibility. In our experience, ex-auditors bring this mentality to their consulting assignments and because of that, again in our opinion, they don’t approach the consulting relationship as a partner, or even someone who might have remotest stake or, even more sadly, the slightest bit of interest in your success.

To conclude, keep in mind that DCAA auditors, like any other group of professionals, can not be uniformly generalized. While I have found the above issues be consistent across what I feel is a representative range of the group, you should of course make your own determination based on your own specific situation. Hopefully, however, based on the above you can ask a few specific questions to help you decide if an ex-DCAA auditor is a right consultant for you. After all, it is your company and your decision has to fit your needs, not anyone else’s.

How DCAA Staff Get Former Auditors Consulting Gigs…

May 3, 2011 Leave a comment

The biggest mistake many entrepreneurs new to the government contracting game make is to think DCAA has, or under any miraculous set of circumstances, will have even an iota of interest in your success. For the record, the DCAA does not care about big business success either! However, auditors do in fact treat large businesses with kid glove, relatively speaking, because big businesses do have financial and legal resources to push back, attorneys who study FAR and keep up with relevant rulings, lobbyists with access to politicians with access to generals with access to the DCAA upper echelon, some of whom just happen to be an auditor’s boss’s boss’s boss’s boss’s … boss.

Now don’t get me wrong, I am not accusing DCAA auditors of being bad people. I am only pointing out to you, the entrepreneur, that if you think the DCAA auditor can ever be your friend, well, you are in for a rude awakening at some point. Typical comment I have seen on the small business forums goes something like “small businesses create jobs and that is good for the community so that auditor will be reasonable if you are”. Guess what? Nothing can be more unrealistic!

As mentioned, we did not know any of these at the time of our first DCAA preaward review/audit. We agreed with everything they said we should fix. That agreement was, of course, the right decision. The wrong decision for us was to mistake DCAA for a partner-in-the-process and ask for a recommendation if they knew someone who could help us meet their requirements.

As we learned later, it is in fact against the rules for DCAA staff to make such a referral. I am not sure if it is the law, the DCAA policy, or some combination… DCAA staff are not supposed to refer anyone to a contractor. But they in fact do – using indirect methods. For example, rather quickly after we asked them for a referral, we got the following email from a DCAA employee in the SF area, the same office that had performed the preaward review. I have redacted last names and company names because those specifics would not enhance this report, nor would help other entrepreneurs. The email read:

Hi Bob-
I have been working on that consultant issue we discussed and I finally have some guidance that might help you. You should call [COMPANY], Inc. and to ask for Richard [LAST NAME], Chief Financial Officer. Ask Richard for a referral on [COMPANY]‘s consultant that prepares the final incurred cost claim. Be sure to mention Dianne [LAST NAME], one of our auditors, because Richard knows her. [COMPANY]‘s phone number is [PHONE]. I hope this help.

Lisa [LAST NAME]
DCAA

I of course followed up on the bread crumbs the DCAA employee’s laid out. The follow up lead me directly to an ex-auditor who had retired from the very same office. Imagine our relief to find someone who had worked directly with our future auditors to help us to set up our accounts. We were particularly excited that we could get the books taken care of and start getting paid since, unless we got our books in order we could not submit a voucher, meaning we were not being paid, and we were paying our bills like office rent, internet, etc., out of our own savings.

Boy were we EVER wrong! I will tell you exactly how and why in an upcoming post. I will also share some myths about the DCAA and DCMA that we learned the hard way.

Congrats… You Won… Now the Bad News…

April 14, 2011 Leave a comment

Government contracting is complex world. There is A LOT of money involved, there are timelines, deadlines, and regulatory deadlines. Most small business training material, be it through private offers or those put together by agencies, simply focus on the front-end, or the “winning the bid” part. While that of course is an important aspect of this business, surprisingly it is not the most important part. The most important part of government contracting is not even the delivery or performance part. The most important part to the government is the accounting part. Seriously and, perhaps, understandably. So what is missing from the small business training “stuff” that agencies (or most private vendors) produce is a realistic picture of the industry. I am not quire sure why that is. So here is a quick overview. Note that since most of our contracts were with the Department of Defense and, therefore, this is probably most accurately representative of the DoD processes, although in our experience it is generally a template that other agencies follow with relatively minor variations.

Before I list off a bunch of acronyms, let me state that the entire contracting eco system is principally governed by the Federal Acquisition Regulations (FAR). You’ll see a lot of references to FAR here in this blog, as well as any Request For Proposal (RFP), certainly the contract itself, as well as any communications you have with the government. OK, now that we are clear on that…

Whoever gave you the contract is referred to as the customer or the agency. The person who negotiated your contract is a Contracting Officer – more appropriately a Procurement or Procuring Contracting Officer (PCO). Contracting Officers have a very special role in this world. They are the only individuals who can legally create any obligations for the federal government. In other words, they are the only ones who can sign the contract or agree to any modifications. Once your contract is signed, the PCO more than likely will exit the picture and hand off the management of the contract to an Administrative Contracting Officer (ACO) who works for the Defense Contract Management Agency or DCMA and, except for also being part of the DoD, has no other relationship to the customer. The ACO typically “farms out” the financial aspect of the contract, e.g., audits and reviews, to the Defense Contract Audit Agency, or DCAA. Finally, you will be paid by DFAS, or the Defense Finance and Accounting Services.

Not too bad, ha?… But wait… Now here comes the fun part for small businesses…

Unless you have been in the defense business as an executive before (we had never) or worked for a contractor where you learned this (we had never), you may find out right after wining a contract that your accounting system does not meet DoD standards. You find this out because for awards larger than $100K, the PCO will request the DCAA to review the company’s accounting practices to make sure that the company is properly tracking costs – with the word “properly” defined exclusively as “by DoD Standards”. So it does not matter if you, like we did, have a perfectly reasonable, commercially acceptable accounting system. The deal is simply that your accounting system has to do certain things in a certain way. Don’t get me wrong. This is an absolutely reasonable requirement by the DoD, even not considering the size and scope of defense contracts. But… as I said before, unless you have done this before, this will come as a bit of a surprise to you. Particularly since the PCO will also tell you that the contract can’t be issued unless the DCAA approves your rates, accounting system, and accounting practices.

So here you are… you busted your hump and won a contract. Now you might lose it because of some accounting stuff? How would you handle that?

Think on this some and in my next post I’ll tell you how we handled it. This should be of particular interest to companies who are working on their first Small Business Innovation Research (SBIR) Phase I award. If you hope to win a Phase II, and I am sure you do, make a point of reading my next post since a SBIR Phase I award is exactly where our odyssey began as well.

Resources in this post:

Defense Contract Management Agency: http://www.dcma.mil

Defense Contract Audit Agency: http://www.dcaa.mil

Federal Acquisition Regulations (FAR): http://farsite.hill.af.mil/

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