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(g) A "Disclosure Statement" is the Disclosure Statement required by Cost Accounting Standards Board regulation (Part 351 of this chapter).

(h) A "cost account practice" is any accounting method or technique which is used for measurement of cost, I assignment of cost to cost accounting periods, or allocation of cost to cost objectives.

(1) Measurement of cost encompasses accounting methods and techniques used in defining the components of cost, determining the basis for cost measurement, and establishing criteria for use of alternative cost measurement techniques. The deter*mination of the amount paid or a change in the amount, paid for a unit of goods and services is not a cost accounting practice. Examples of cost accounting practices which involve measurement of costs are:

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(i) The use of either historical cost, market value, or present value;

(ii) The use of standard cost or actual cost; or

(iii) The designation of those items of cost which must be included or excluded from tangible capital assets or pension cost.

(2) Assignment of cost to cost accounting periods refers to a method or technique used in determining the amount of cost to be assigned to individual cost accounting periods. Examples of cost accounting practices which involve the assignment of cost to cost accounting periods are requirements for the use of specified accrual basis accounting or cash basis accounting for a cost element.

(3) Allocation of cost to cost objectives includes both direct and indirect allocation of cost. Examples of cost accounting practices involving allocation of cost to cost objectives are the ac

I. The method or technique used for

Description of changes

counting methods or techniques used to accumulate cost, to determine whether a cost is to be directly or indirectly allocated, to determine the composition of cost pools, and to determine the selection and composition of the appropriate allocation base.

(i) A "change to either a disclosed cost accounting practice or an established cost accounting practice" is any alteration in a cost accounting practice, as defined in paragraph (h) of this section, whether or not such practices are covered by a Disclosure Statement, except that:

(1) The initial adoption of a cost accounting practice for the first time a cost is incurred, or a function is created, is not a change in cost accounting practice. The partial or total elimination of a cost or the cost of a function is not a change in cost accounting practice. As used here, function is an activity or group of activities that is identifiable in scope and has a purpose or end to be accomplished.

(2) The revision of a cost accounting practice for a cost which previously had been immaterial is not a change in cost accounting practice.

(j) Illustrations of changes. (1) In all of the following cases where a "change to either a disclosed cost accounting practice or an established cost accounting practice" has taken place, modifications to the affected contracts would be considered in accordance with this Part 331, Contract Coverage, and Part 332, Modified Contract Coverage, as amended. Under § 331.71, price adjustments, with appropriate application of offsets, would be required only if the net cost impact of the change were material.

(2) The following are illustrations of changes which meet the definition of "change to either a disclosed cost accounting practice or an established cost accounting practice" because: measuring costs has been changed.

Accounting treatment

1. Contractor changes his acturial cost method for 1. (a) Before change: The contractor computed computing pension costs.

2. Contractor uses standard costs to account for his direct labor. Labor cost at standard was computed by multiplying labor-time standard by actual labor rates. The contractor changes the computation by multiplying labor-time standard by labor-rate standard.

pension costs using the aggregate cost method. (b) After change: The contractor computes pension cost using the unit credit method.

2. (a) Before change: Contractor's direct labor cost was measured with only one component set at standard.

(b) After change: Contractor's direct labor cost is measured with both the time and rate components set at standard.

II. The method or technique used for assignment of cost-to-cost accounting periods has been changed.

Description of change

Accounting treatment

1. Contractor changes his established criteria for cap- 1. (a) Before change: Items having acquisition costs italizing certain classes of tangible capital assets whose acquisition costs totaled $1 million per cost accounting period.

of between $200 and $400 per unit were capitalized and depreciated over a number of cost accounting periods.

(b) After change: The contractor charges the value of assets costing between $200 and $400 per unit to an indirect expense pool which is allocated to the cost objectives of the cost accounting period in which the cost was incurred.

2. Contractor changes his method for computing de- 2. (a) Before change: The contractor assigned depreciation for a class of assets.

3. Contractor changes his general method of determining asset lives for classes of assets acquired prior to the effective date of CAS 409.

preciation costs to cost accounting periods using an accelerated method.

(b) After change: The contractor assigns depreciation costs to cost accounting periods using the straight line method.

3. (a) Before change: The contractor identified the cost accounting pericds to which the costs of tangible capital assets would be assigned using guideline class lives provided in IRS Rev. Pro. 72-10.

(b) After change: The contractor changes the method by which he identifies the cost accounting periods to which the costs of tangible capital assets will be assigned. He now uses the expected actual lives based on past usage.

III. The method or technique used for allocating costs has been changed.

Description of change

Accounting treatment

1. Contractor changes his method of allocating G&A 1. (a) Before change: The contractor operating expenses under the requirements of Cost Accounting Standard 410.

under Cost Accounting Standard 410 has been allocating his general and administrative expense pool to final cost objectives on a total cost input base in compliance with the Standard. The contractor's business changes substantially such that there are significant new projects which have only insignificant quantities of material. (b) After change: After the addition of the new work, an evaluation of the changed circumstances reveals that the continued use of a total cost input base would result in a significant distortion in the allocation of the G&A expense pool in relation to the benefits received. To remain in compliance with Standard 410, the contractor alters his G&A allocation base from a total cost input base to a value added base.

2. The contactor changes the accounting for hardware 2. (a) Before change: The contractor allocated the common to all projects.

3. The contractor merges operating segments A and B which use different cost accounting practices in accounting for manufacturing overhead costs.

cost of purchased or requisitioned hardware directly to projects.

(b) After change: The contractor charges the cost of purchased or requisitioned hardware to an indirect expense pool which is allocated to projects using an appropriate allocation base.

3. (a) Before change: In segment A, the costs of the manufacturing overhead pool have been allocated to final cost objectives using a direct labor hours base; in segment B, the costs of the manufacturing overhead pool have been allocated to final cost objectives using a direct labor dollars base.

(b) After change: As a result of the merger of operations, the combined segment decides to allocate the cost of the manufacturing overhead pool to all final cost objectives, using a direct labor dollars base. Thus, for those final cost objectives referred to in segment A, the cost of the manufacturing overhead pool will be allocated to the final cost objectives of segment A using a direct labor dollars base instead of a direct labor hours base.

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(3) The following are illustrations of changes which do not meet the definition of "change to either a disclosed cost accounting practice or an established cost accounting practice," and accordingly do not require price adjustments under subparagraphs (a)(4) and (a)(5) of the CAS contract clause.

Description of change

Accounting treatment

1. Changes in the interest rate levels in the national 1. Adopting the increase (decrease) in the interest
economy have invalidated the prior actuarial as- rate actuarial assumption is not a change in cost
sumption with respect to anticipated investment accounting practice.
earnings. The pension plan administrators adopted
an increased (decreased) interest rate actuarial as-
sumption. The company allocated the resulting pen-
sion costs to all final cost objectives.

2. The basic benefit amount for a company's pension
plan is increased from $8 to $10 per year of credited
service. The change increases the dollar amount of
pension cost allocated to all final cost objectives.
3. A contractor who has never paid pensions estab-
lishes for the first time a pension plan. Pension costs
for the first year amounted to $3.5 million.

4. A contractor maintained a Deferred Incentive Com-
pensation Plan. After several years' experience, the
plan was determined not to be attaining its objective,
so it was terminated, and no future entitlements
were paid.

5. A contractor eliminates a segment that was operated for the purpose of doing research for development of products related to nuclear energy.

6. For a particular class of assets for which technological changes have rarely affected asset lives, a contractor starts with a five year average of historical lives to estimate future lives. He then considers technological changes and likely use. For the past several years the process resulted in an estimated future life of ten years for this class of assets. This year a technological change leads to a prediction of a useful life of seven years for the assets acquired this year for this class of assets.

7. The marketing department of a segment has reported directly to the general manager of the segment. The costs of the marketing department have been combined as part of the segment's G&A expense pool. The company reorganizes and requires the marketing department to report directly to a vice president at corporate headquarters.

(k) A "small business concern" is any concern, firm, person, corporation, partnership, cooperative or other business enterprise which pursuant to 15 U.S.C. 637(b)(6) and the rules and regulations of the Small Business Admin

2. The increase in the amount of the benefits is not a change in cost accounting practice.

3. The initial adoption of an accounting practice for the first time incurrence of a cost is not a change in cost accounting practice.

4. There was a termination of the Deferred Incentive Compensation Plan. Elimination of a cost is not a change in cost accounting practice.

5. The projects and expenses related to nuclear
energy projects have been terminated. No trans-
fer of these projects and no further work in this
area is planned. This is an elimination of cost
and not a change in cost accounting practice.
6. The change in estimate (not in method) is not a
change in cost accounting practice. The contrac-
tor has not changed the method or technique
used to determine the estimate. The methodolo-
gy applied has indicated a change in the estimat-
ed life, and this is not a change in cost account-
ing practice.

7. After the organizational change in the company's reporting structure, the parties agree that the appropriate recognition of the beneficial or causal relationship between the costs of the marketing department and the segment is to continue to combine these costs as part of the segment's G&A expense pool. Thus, the organizational change has not resulted in a change in cost accounting practice.

istration set forth in Part 121 of Title 13 of the Code of Federal Regulations, is determined to be a small business concern for the purpose of Government procurement.

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(a) The head of each relevant Federal agency shall cause or require the clause set forth in § 331.50 captioned Cost Accounting Standards to be inserted in all negotiated defense contracts in excess of $100,000, except as provided in paragraph (b) of this section, other than contracts entered into by the agency where the price is based on: (1) Established catalog or market prices of commercial items sold in substantial quantities to the general public, or (2) prices set by law or regulation. Additionally, all solicitations, likely to result in a contract in which the clause set forth in § 331.50 must be inserted, shall include the notice set forth in § 331.40 captioned Disclosure Statement-Cost Accounting Practices and Certification.

(b) The requirements of paragraph (a) of this section shall not be applicable to:

(1) Any contract or subcontract awarded to a small business concern.

(2) Any contract or subcontract awarded to a contractor for performance in a business unit which is eligible to use the provisions of Part 332 of the Board's regulations and which elects to use that part.

(3) Any contract made with an educational institution whose cost principles are subject to Federal Management Circular 73-8 except contracts that are to be performed by a federally funded research and development center (FFRDC) operated by such an institution. A FFRDC is a laboratory or similar operation which is designated as such by the National Science Foundation. If a contract or any part of a contract awarded to an exempt educational institution is to be performed by a FFRDC, the contract shall contain the clause set forth in § 331.50 or § 332.50, as appropriate, and

the requirements of that clause shall be applicable to that part of the contract effort, and the costs thereof, which are performed by the FFRDC. Costs incurred by the institution which may be allocated to the FFRDC are specifically exempted by this provision as is the requirement to prepare part VIII of the disclosure statement (CASB-DS-1 or CASB-DS-2).

(4) Any contract made with a labor surplus area concern pursuant to procedures providing for a partial setaside for such concern as set out in ASPR 1-804, 32 CFR 1.804; and FPR 1-1.804, 41 CFR 1-1.804.

(5) Any contract or subcontract awarded to a foreign government or an agency or instrumentality of such government or, insofar as the requirements of Cost Accounting Standards 403 (4 CFR Part 403) or any subsequent standards are concerned, any contract or subcontract awarded to a foreign concern.

(NOTE. This exemption does not relieve foreign concerns of any obligation to comply with the Cost Accounting Standards set forth in 4 CFR Parts 401 and 402 and to submit a Disclosure Statement.)

(6) Any contract awarded to Western Electric Co. for materials, supplies, or services which are standard items of the Bell System. This paragraph 6 expires on June 30, 1973.

(7) Any subcontract to be performed outside the United States either by an agency of a foreign government or by a foreign concern in connection with the class of hydrofoil guided missile ship known as the "NATO PHM Ship."

(8) Any contract or subcontract of $500,000 or less, unless it is awarded to a contractor who, on the date of such award, (i) has already received a contract or subcontract in excess of $500,000 and (ii) has not received notification of final acceptance of all items of work to be delivered on that contract or subcontract and on all other contracts or subcontracts awarded after January 1, 1975, which were subject to the cost accounting standards clause. For the purposes of this paragraph (b)(8), an intra-corporate transfer shall be considered to be a subcontract. Notwithstanding this exemp

tion, any contractor entitled to an exemption under this paragraph (b)(8) may elect to comply with the cost accounting standards clause. The contractor may elect to comply in connection with the receipt of its first contract or subcontract awarded after January 1, 1975, which but for this paragraph (b)(8) would be subject to the clause. A contractor who does not elect to comply with the clause in connection with the receipt of the first contract or subcontract, may thereafter make such an election only if it receives a contract or subcontract of the type described, at a time when it has no other contract or subcontract of that type on which notification of final acceptance of all items or work to be delivered has not been received.

(9) Any contract or subcontract made with a United Kingdom contractor for performance substantially in the United Kingdom: Provided, That the contractor has filed with the U.K. Ministry of Defence, for retention by the Ministry, a completed Disclosure Statement (Form CASB-DS-1) which shall adequately describe its cost accounting practices. Whenever that contractor is already required to follow U.K. Government Accounting Conventions, the disclosed practices shall be in accord with the requirements of those Conventions. Such contract or subcontract shall also contain the following provision:

CONSISTENCY IN COST ACCOUNTING PRACTICES

The contractor agrees that it will consistenly follow the cost accounting practices disclosed on Form CASB-DS-1 in estimating, accumulating and reporting costs under this contract. In the event the contractor fails to follow such practices, it agrees that the contract price shall be adjusted, together with payment of interest, if such failure results in increased costs paid by the U.S. Government. Interest shall be determined in accordance with the rules and regulations of the Cost Accounting Standards Board. The contractor agrees that the Disclosure Statement filed with the U.K. Ministry of Defence shall be available for inspection and use by representatives of the contracting agency, the Cost Accounting Standards Board, and the Comptroller General of the United States.

(c)(1) Upon request of the Secretary of Defense, the Deputy Secretary of

Defense, an Under Secretary of Defense, or the Deputy Under Secretary of Defense, Research and Engineering (Acquisition Policy), or outside the Department of Defense, of officials in equivalent positions, the Cost Accounting Standards Board may waive all or any part of the requirements of paragraph (a) of this section with respect to a contract or subcontract to be performed within the United States, or a contract or subcontract to be performed outside the United States by a domestic concern. A domestic concern is an incorporated concern incorporated in the United States or an unincorporated concern having its principal place of business in the United States. (In the context of this subparagraph, "concern" refers to a prospective or actual contractor. Thus, a contract with a foreign subsidiary or foreign branch or business office of a U.S. corporation would not be a contract with a domestic concern. Conversely, a contract executed by a foreign salesman or agency on behalf of a domestic concern would nevertheless be a contract with a domestic concern since the basic contractual and legal responsibility resides with the domestic concern.) Any request for a waiver shall describe the proposed contract or subcontract for which waiver is sought and shall contain (i) an unequivocal statement that the proposed contractor or subcontractor refuses to accept a contract containing all or a specified part of the Cost Accounting Standards clause and the specific reason for that refusal, (ii) a statement whether the proposed contractor or subcontractor has accepted any prime contract or subcontract with any Federal department or agency containing the Cost Accounting Standards clause, (iii) the amount of the proposed award and the sum of all awards by the department or agency requesting the waiver to the proposed contractor or subcontractor in each of the preceding 3 years, (iv) a statement that no other source of the supplies or services being procured is available to satisfy the needs of the agency on a timely basis, (v) a statement of any alternative methods of fulfilling the project or program needs and the agency's reasons for rejecting

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