FAR 31 Allowability: Marketing Expenses Versus Bid & Proposal Costs
Source: McKonly & Asbury
When it comes to A&E Firms undergoing a FAR Overhead Rate Audit, understanding allowable costs is essential. Among the various cost categories, marketing expenses and Bid & Proposal (B&P) costs play critical roles. However, distinguishing between the two can be challenging. Understanding the differences between marketing expenses and B&P costs under FAR 31 can help a firm optimize their overhead rate.
Marketing Expenses
What Are Marketing Expenses?
Marketing expenses encompass a wide range of activities aimed at promoting products, services, or the organization itself. These costs include advertising, public relations, trade shows, and promotional campaigns.
Key Points About Marketing Expenses:
1. Allocability: State DOTs may challenge selling and marketing costs if they are deemed unnecessary or not related to government contracts. To determine if these costs are reasonable, state DOTs consider several factors: the nature and amount of the expenses compared to what a prudent businessperson would spend, the proportion of costs allocated between government and commercial business, how current costs compare to historical costs, industry benchmarks for selling costs, and the extent of selling and marketing efforts relative to the contract value.
2. General Advertising: Costs of promotional materials, brochures, handouts, magazines, or other media designed to call favorable attention to the Company and its activities are unallowable.
3. Direct Sales Type Marketing: Including B&P costs, direct sales type marketing is generally allowable under FAR 31.205-18 and FAR 31.205-38.
Bid & Proposal Costs (B&P)
What Are B&P Costs?
B&P costs refer to the costs incurred in preparing, submitting, and supporting bids and proposals (whether or not solicited) for potential government or non-government contracts. These costs are essential for winning contracts and securing business opportunities.
Key Points About B&P Costs:
1. Allowability: Since 1997, all B&P costs are allowable if they are reasonable and allocable to a contract. This is a significant shift from earlier rules that restricted reimbursement for B&P and independent research and development costs.
2. Not Sponsored by a Grant: B&P efforts must not be sponsored by a grant.
3. Not Required in Contract Performance: The costs should not be required for contract performance.
4. Accurate Time Keeping: Senior managers and executives must accurately track and record their time associated with B&P activities.
5. Clear Guidelines: Process and procedures regarding specific activities that comprise B&P activities should be established and communicated to all staff members.
Examples of B&P Costs:
1. Proposal Development Labor: The salaries and wages of employees directly involved in creating proposals fall under B&P costs. This includes proposal writers, graphic designers, and subject matter experts.
2. Proposal Materials: Costs related to printing, binding, and distributing proposal documents are considered B&P costs. These include paper, ink, and other supplies.
3. Travel Expenses: If employees travel to meet with potential clients or attend pre-proposal conferences, their travel costs (airfare, lodging, meals) are part of B&P expenses.
Timekeeping and Allocation
Why Separate Timekeeping Matters?
If there’s marketing employees who also work on bids and proposals, it’s crucial to have a system that can track their time separately. Here’s why:
1. Allocation: By tracking time separately, one can allocate the time spent on bid and proposals as allowable indirect labor. This ensures that these costs are recoverable.
2. Unallowable Expenses: Simultaneously, one can identify the portion of time spent on general marketing as an unallowable expense. Unallowable costs should be excluded from any billing or proposal applicable to a government contract.
Conclusion
Understanding the nuances of B&P costs versus marketing expenses is vital for FAR compliance. Implementing proper timekeeping practices and maintaining accurate records will help organizations navigate these cost categories effectively. Remember to consult the specific FAR provisions and seek professional advice to ensure compliance with regulations.
By adhering to the rules and making informed decisions, companies can optimize their overhead rate while staying within the bounds of FAR 31 regulations.
McKonly & Asbury’s Architecture, Engineering, and Construction (AEC) team is ready to serve your overhead rate audit needs. Our experienced AEC team is prepared to guide you through the audit process, so don’t hesitate to contact us for any additional information or questions.
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