-1.17 PAYMENT AFTER CONTRACT ACCEPTANCE

9-1.17D(2)(b) Overhead Claims

1. Final amount of additional payment requested

2. Independent CPA audit report
Failure to submit the audit report with an overhead claim with the claim statement is a waiver of the overhead claim and operates as a bar to arbitration on the claim (Pub Cont Code § 10240.2).

The Department deducts an amount for field and home office overhead paid on added work from any claim for overhead. The value of the added work equals the value of the work completed minus the total bid. The home office overhead deduction equals 5 percent of the added work. The field office overhead deduction equals 5-1/2 percent of the added work.

If you intend to pursue a claim for reimbursement for field or home office overhead beyond that provided expressly by the Contract:

1. Notify the Engineer within 30 days of receiving the proposed final estimate of your intent to seek reimbursement for specific overhead costs beyond that provided by the Contract

2. Specifically identify each claim and each date associated with each claim for which you seek reimbursement for specific overhead costs beyond that provided by the Contract

3. Timely submit all other claims

4. Within 30 days of receiving the proposed final estimate, submit an audit report prepared by an independent CPA, including

4.1. Calculations with supporting documentation of actual home office and project field overhead costs

4.2. Calculations specifying the actual daily rates for both field and home office overhead, not including a profit markup, for the entire duration of the project expressed as a rate per working day

4.3. Start and end dates of the actual project performance period, number of working days, overhead cost pools, and all allocation bases used to calculate your actual field and home office overhead daily rates

5. Field overhead costs from which the daily rate is calculated must be:

5.1. Allowable under 48 CFR 31

5.2. Supported by reliable records

5.3. Related solely to the project

5.4. Incurred during the actual project performance period

5.5. Comprised of only time-related field overhead costs

5.6. Not a direct cost

6. Home-office overhead costs from which the daily rate is calculated must be:

6.1. Allowable under 48 CFR 31

6.2. Supported by reliable records

6.3. Incurred during the actual project performance period

6.4. Comprised of only fixed home-office overhead costs

6.5. Not a direct cost
The actual rate of time-related overhead is subject to authorization by the Engineer.

The CPA's audit must be performed as an examination-level engagement under the attestation engagements in the Government Auditing Standards published by the Comptroller General of the United States. The CPA’s audit report must express an opinion of whether or not your calculations of your actual field and home office overhead daily rates comply with section 9-1.17D(2)(b). The attest documentation prepared by the CPA in connection with the audit must be reproduced and submitted for review with the audit report.

The Department provides markups for all work paid by force account. Overhead for field and home office costs are included in the markups. Overhead claims in excess of Contract markups are not allowed under the Contract. If you seek reimbursement for costs not allowed under the Contract, the Department does not pay your cost of performing the independent CPA examination specified in section 9-1.17D(2)(b), including preparation of the audit report.

9-1.17D(2)(c) Declaration

I declare under penalty of perjury, according to the laws of the State of California, that the foregoing claims, with specific reference to the California False Claims Act (Govt Code § 12650 et seq.) and to the extent the project contains federal funding, the US False Claims Act (31 USC § 3729 et seq.), are true and correct, and that this declaration was signed on ______(date)_______, 20__ at _________________, California.

9-1.17D(2)(d) Waiver

1. Claim does not have a corresponding Full and Final Potential Claim Record form identification number

2. Claim does not have the same nature, circumstances, and basis of the claim as the corresponding Full and Final Potential Claim Record form

3. Claim is not included in the claim statement

4. You do not comply with the claim procedures

5. You do not submit the declaration specified in section 9-1.17D(2)(c)

9-1.17D(3) Final Determination of Claims

Failure to allow timely access to the supporting data for a claim when requested waives the claim.

The Department's costs in reviewing or auditing a claim not supported by the Contractor's accounting or other records are damages incurred by the State within the meaning of the California False Claims Act.

If the Engineer determines that a claim requires additional analysis, the Engineer schedules a review board meeting. Meet with the board of review and make a presentation supporting the claim.

After the Engineer or review board finishes reviewing the claim, the Department makes the final determination of claims and provides it to you.

The Engineer provides you a final estimate and the Department pays the amount due within 30 days. The final estimate is conclusive as to the amount of work completed and the amount payable except as specified in sections 5-1.27, 5-1.47, and 9-1.21.

Your failure to comply with the claim procedures is a bar to arbitration under Pub Cont Code § 10240.2.

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