[Federal Register Volume 65, Number 240 (Wednesday, December 13, 2000)]
[Rules and Regulations]
[Pages 77832-77835]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-31605]
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DEPARTMENT OF DEFENSE
48 CFR Parts 242 and 252
[DFARS Case 2000-D003]
Defense Federal Acquisition Regulation Supplement; Material
Management and Accounting Systems
AGENCY: Department of Defense (DoD).
ACTION: Final rule.
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SUMMARY: The Director of Defense Procurement has issued a final rule
amending the Defense Federal Acquisition Regulation Supplement (DFARS)
to revise the criteria for determining when review of a contractor's
material management and accounting system (MMAS) is needed. The rule
also replaces the current requirement for an MMAS ``demonstration''
with a requirement for the contractor to provide the results of
internal reviews that it has conducted to ensure compliance with
established MMAS policies, procedures, and operating instructions.
EFFECTIVE DATE: December 13, 2000.
FOR FURTHER INFORMATION CONTACT: Mr. Rick Layser, Defense Acquisition
Regulations Council, OUSD(AT&L)DP(DAR), IMD 3C132,
[[Page 77833]]
3062 Defense Pentagon, Washington, DC 20301-3062. Telephone (703) 602-
0293; facsimile (703) 602-0350. Please cite DFARS Case 2000-D003.
SUPPLEMENTARY INFORMATION:
A. Background
This final rule makes the following changes to the DFARS:
1. Revises the prescription for use of the clause at 252.242-7004,
Material Management and Accounting System, to--
a. Require inclusion of the clause only in cost-reimbursement
contracts and in fixed-price contracts with progress payments made on
the basis of costs incurred by the contractor as work progresses under
the contract; and
b. Eliminate the requirement for inclusion of the clause in
contracts with small businesses, educational institutions, and
nonprofit organizations.
2. Revises the clause at 252.242-7004 to replace the requirement
for an MMAS ``demonstration'' with a requirement for the contractor
to--
a. Have policies, procedures, and operating instructions that
adequately describe its MMAS; and
b. Provide to the Government, upon request, the results of internal
reviews that it has conducted to ensure compliance with established
MMAS policies, procedures, and operating instructions.
3. Makes the dollar threshold for conducting an MMAS review
consistent with the threshold for conducting a Contractor Insurance/
Pension Review ($40 million of qualifying sales to the Government
during the contractor's preceding fiscal year).
4. Clarifies the responsibilities of the ACO and the MMAS team
members.
DoD published a proposed rule at 65 FR 41038 on July 3, 2000. Six
sources submitted comments on the proposed rule. DoD considered all
comment sin the development of the final rule.
This rule was not subject to Office of Management and Budget review
under Executive Order 12866, dated September 30, 1993.
B. Regulatory Flexibility Act
DoD certifies that this final rule will not have a significant
economic impact on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.,
because the DFARS already exempts small business concerns from the
major MMAS requirements.
C. Paperwork Reduction Act
The rule eliminates the requirement for contractors to demonstrate
their material management and accounting systems, and will reduce the
number of contractors that must disclose their systems to the
Government. Therefore, this rule reduces the paperwork burden hours
approved under Office of Management and Budget Control Number 0704-
0250.
List of Subjects in 48 CFR Parts 242 and 252
Government procurement.
Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.
Therefore, 48 CFR Parts 242 and 252 are amended as follows:
1. The authority citation for 48 CFR Parts 242 and 252 continues to
read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 242--CONTRACT ADMINISTRATION AND AUDIT SERVICES
2. Subpart 242.72 is revised to read as follows:
Subpart 242.72--Contractor Material Management and Accounting
System
Sec.
242.7200 Scope of subpart.
242.7201 Definitions.
242.7202 Policy.
242.7203 Review procedures.
242.7204 Contract clause.
242.7200 Scope of subpart.
(a) This subpart provides policies, procedures, and standards for
use in the evaluation of a contractor's material management and
accounting system (MMAS).
(b) The policies, procedures, and standards in this subpart--
(1) Apply only when the contractor has contracts exceeding the
simplified acquisition threshold that are not for the acquisition of
commercial items and are either--
(i) Cost-reimbursement contracts; or
(ii) Fixed-price contracts with progress payments made on the basis
of costs incurred by the contractor as work progresses under the
contract; and
(2) Do not apply to small businesses, educational institutions, or
nonprofit organizations.
242.7201 Definitions.
Material management and accounting system and valid time-phased
requirements are defined in the clause at 252.242-7004, Material
Management and Accounting System.
242.7202 Policy.
DoD policy is for its contractors to have an MMAS that conforms to
the standards in paragraph (e) of the clause at 252.242-7004, so that
the system--
(a) Reasonably forecasts material requirements;
(b) Ensures the costs of purchased and fabricated material charged
or allocated to a contract are based on valid time-phased requirements;
and
(c) Maintains a consistent, equitable, and unbiased logic for
costing of material transactions.
242.7203 Review procedures.
(a) Criteria for conducting reviews. Conduct an MMAS review when--
(1) A contractor has $40 million of qualifying sales to the
Government during the contractor's preceding fiscal year; and
(2) The administrative contracting officer (ACO), with advice from
the auditor, determines an MMAS review is needed based on a risk
assessment of the contractor's past experience and current
vulnerability.
(b) Qualifying sales. Qualifying sales are sales for which cost or
pricing data were required under 10 U.S.C. 2306a, as implemented in FAR
15.403, or that are contracts priced on other than a firm-fixed-price
or fixed-price with economic price adjustment basis. Sales include
prime contracts, subcontracts, and modifications to such contracts and
subcontracts.
(c) System evaluation. Cognizant contract administration and audit
activities must jointly establish and manage programs for evaluating
the MMAS systems of contractors and must annually establish a schedule
of contractors to be reviewed. In addition, they must--
(1) Conduct reviews as a team effort.
(i) the ACO--
(A) Appoints a team leader; and
(B) Ensures that the team includes appropriate functional
specialists (e.g., industrial specialist, engineer, property
administrator, auditor).
(ii) The team leader--
(A) Advises the ACO and the contractor of findings during the
review and at the exit conference; and
(B) Makes every effort to resolve differences regarding questions
of fact during the review.
(iii) The contract auditor--
(A) Participates as a member of the MMAS team or serves as the team
leader (see paragraph (c)(1)(i) of this section); and
(B) Issues an audit report for incorporation into the MMAS report
based on an analysis of the contractor's books, accounting records, and
other related data.
[[Page 77834]]
(2) Tailor reviews to take full advantage of the day-to-day work
done by both organizations.
(3) Prepare the MMAS report.
(d) Disposition of evaluation team findings. The team leader must
document the evaluation team findings and recommendations in the MMAS
report to the ACO. If there are any significant MMAS deficiencies, the
report must provide an estimate of the adverse impact on the Government
resulting from those deficiencies.
(1) Initial notification to the contractor. The ACO must provide a
copy of the report to the contractor immediately upon receipt from the
team leader.
(i) The ACO must notify the contractor in a timely manner if there
are no deficiencies.
(ii) If there are any deficiencies, the ACO must request the
contractor to provide a written response within 30 days (or such other
date as may be mutually agreed to by the ACO and the contractor) from
the date of initial notification.
(iii) If the contractor agrees with the report, the contractor has
60 days (or such other date as may be mutually agreed to by the ACO and
the contractor) to correct any identified deficiencies or submit a
corrective action plan showing milestones and actions to eliminate the
deficiencies.
(iv) If the contractor disagrees with the report, the contractor
must provide rationale in the written response.
(2) Evaluation of the contractor's response. The ACO, in
consultation with the auditor, evaluates the contractor's response and
determines whether--
(i) The MMAS contains any deficiencies and, if so, any corrective
action is needed;
(ii) The deficiencies are significant enough to result in the
reduction of progress payments or disallowance of costs on vouchers;
and
(iii) Proposed corrective actions (if the contractor submitted
them) are adequate to correct the deficiencies.
(3) Notification of ACO determination.
(i) The ACO must notify the contractor in writing (copy to auditor
and functional specialists) of--
(A) Any deficiencies and the necessary corrective action;
(B) Acceptability of the contractor's corrective action plan (if
one was submitted) or the need for a corrective action plan; and
(C) Any decision to reduce progress payments or disallow costs on
vouchers.
(ii) The Government does not approve or disapprove the contractor's
MMAS. ACO notifications should avoid any such implications.
(iii) From the time the ACO determines that there are any
significant MMAS deficiencies until the time the deficiencies are
corrected, all field pricing reports for that contractor must contain a
recommendation relating to proposed adjustments necessary to protect
the Government's interests.
(iv) The ACO should consider the effect of any significant MMAS
deficiencies in reviews of the contractor's estimating system (see
215.407-5).
(4) Reductions or disallowances.
(i) When the ACO determines the MMAS deficiencies have a material
impact on Government contract costs, the ACO must reduce progress
payments by an appropriate percentage based on affected costs (in
accordance with FAR 32.503-6) and/or disallow costs on vouchers (in
accordance with FAR 42.803). The reductions or disallowances must
remain in effect until the ACO determines that--
(A) The deficiencies are corrected; or
(B) The amount of the impact is immaterial.
(ii) The maximum payment adjustment is the adverse material impact
to the Government as specified in the MMAS report. The ACO should use
the maximum adjustment when the contractor did not submit a corrective
action plan with its response, or when the plan is unacceptable. In
other cases, the ACO should consider the quality of the contractor's
corrective action plan in determining the appropriate percentage.
(iii) As the contractor implements its accepted corrective action
plan, the ACO should reinstate a portion of withheld amounts
commensurate with the contractor's progress in making corrections.
However, the ACO must not fully reinstate withheld amounts until the
contractor corrects the deficiencies, or until the impact of the
deficiencies become immaterial.
(5) Monitoring contractor's corrective action. The ACO and the
auditor must monitor the contractor's progress in correcting
deficiencies. When the ACO determines the deficiencies have been
corrected, the ACO must notify the contractor in writing. If the
contractor fails to make adequate progress, the ACO must take further
action. The ACO may--
(i) Elevate the issue to higher level management;
(ii) Further reduce progress payments and/or disallow costs on
vouchers;
(iii) Notify the contractor of the inadequacy of the contractor's
cost estimating system and/or cost accounting system; and
(iv) Issue cautions to contracting activities regarding the award
of future contracts.
242.7204 Contract clause.
Use the clause at 252.242-7004, Material Management and Accounting
System, in all solicitations and contracts exceeding the simplified
acquisition threshold that are not for the acquisition of commercial
items and--
(a) Are not awarded to small businesses, educational institutions,
or nonprofit organizations; and
(b) Are either--
(1) Cost-reimbursement contracts; or
(2) Fixed-price contracts with progress payments made on the basis
of costs incurred by the contractor as work progresses under the
contract.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
3. Section 252.242.7004, is revised to read as follows:
252.242-7004 Material Management and Accounting System.
As prescribed in 242.7204, use the following caluse:
Material Management and Accounting System (Dec 2000)
(a) Definitions. As used in this clause--
(1) Material management and accounting system (MMAS) means the
Contractor's system or systems for planning, controlling, and
accounting for the acquisition, use, issuing, and disposition of
material. Material management and accounting systems may be manual
or automated. They may be stand-alone systems or they may be
integrated with planning, engineering, estimating, purchasing,
inventory, accounting, or other systems.
(2) Valid time-phased requirements means material that is--
(i) Needed to fulfill the production plan, including reasonable
quantities for scrap, shrinkage, yield, etc.; and
(ii) Charged/billed to contracts or other cost objectives in a
manner consistent with the need to fulfill the production plan.
(3) ``Contractor'' means a business unit as defined in section
31.001 of the Federal Acquisition Regulation (FAR).
(b) General. The Contractor shall--
(1) Maintain an MMAS that--
(i) Reasonably forecasts material requirements;
(ii) Ensures that costs of purchased and fabricated material
charged or allocated to a contract are based on valid time-phased
requirements; and
(iii) Maintains a consistent, equitable, and unbiased logic for
costing of material transactions; and
(2) Assess its MMAS and take reasonable action to comply with
the MMAS standards in paragraph (e) of this clause.
(c) Disclosure and maintenance requirements. The Contractor
shall--
[[Page 77835]]
(1) Have policies, procedures, and operating instructions that
adequately described its MMAS;
(2) Provide to the Administrative Contracting Officer (ACO),
upon request, the results of the internal reviews that it has
conducted to ensure compliance with established MMAS policies,
procedures, and operating instructions; and
(3) Disclose significant changes in its MMAS to the ACO at least
30 days prior to implementation.
(d) Deficiencies.
(1) If the Contractor receives a report from the ACO that
identifies any deficiencies in its MMAS, the Contractor shall
respond as follows:
(i) If the Contractor agrees with the report findings and
recommendations, the Contractor shall--
(A) Within 30 days (or such other date as may be mutually agreed
to by the ACO and the Contractor), state its agreement in writing;
and
(B) Within 60 days (or such other date as may be mutually agreed
to by the ACO and the Contractor), correct the deficiencies or
submit a corrective action plan showing milestones and actions to
eliminate the deficiencies.
(ii) If the Contractor disagrees with the report findings and
recommendations, the Contractor shall, within 30 days (or such other
date as may be mutually agreed to by the ACO and the Contractor),
state its rationale for each area of disagreement.
(2) The ACO will evaluate the Contractor's response and will
notify the Contractor in writing of the--
(i) Determination concerning any remaining deficiencies;
(ii) Adequacy of any proposed or completed corrective action
plan; and
(iii) Need for any new or revised corrective action plan.
(3) When the ACO determines the MMAS deficiencies have a
material impact on Government contract costs, the ACO must reduce
progress payments by an appropriate percentage based on affected
costs (in accordance with FAR 32.503-6) and/or disallow costs on
vouchers (in accordance with FAR 42.803) until the ACO determines
that--
(i) The deficiencies are corrected; or
(ii) The amount of the impact is immaterial.
(e) MMAS standards. The MMAS shall have adequate internal
controls to ensure system and data integrity, and shall--
(1) Have an adequate system description including policies,
procedures, and operating instructions that comply with the FAR and
Defense FAR Supplement;
(2) Ensure that costs of purchased and fabricated material
charged or allocated to a contract are based on valid time-phased
requirements as impacted by minimum/economic order quantity
restrictions.
(i) A 98 percent bill of material accuracy and a 95 percent
master production schedule accuracy are desirable as a goal in order
to ensure that requirements are both valid and appropriately time-
phased.
(ii) If systems have accuracy levels below these, the Contractor
shall provide adequate evidence that--
(A) There is no material harm to the Government due to lower
accuracy levels; and
(B) The cost to meet the accuracy goals is excessive in relation
to the impact on the Government;
(3) Provide a mechanism to identify, report, and resolve system
control weaknesses and manual override. Systems should identify
operational exceptions such as excess/residual inventory as soon as
known;
(4) Provide audit trails and maintain records (manual and those
in machine readable form) necessary to evaluate system logic and to
verify through transaction testing that the system is operating as
desired;
(5) Establish and maintain adequate levels of record accuracy,
and include reconciliation of recorded inventory quantities to
physical inventory by part number on a periodic basis. A 95 percent
accuracy level is desirable. If systems have an accuracy level below
95 percent, the Contractor shall provide adequate evidence that--
(i) There is no material harm to the Government due to lower
accuracy levels; and
(ii) The cost to meet the accuracy goal is excessive in relation
to the impact on the Government;
(6) Provide detailed descriptions of circumstances that will
result in manual or system generated transfers of parts;
(7) Maintain a consistent, equitable, and unbiased logic for
costing of material transactions as follows:
(i) The Contractor shall maintain and disclose written policies
describing the transfer methodology and the loan/pay-back technique.
(ii) The costing methodology may be standard or actual cost, or
any of the inventory costing methods in 48 CFR 9904.411-50(b). The
Contractor shall maintain consistency across all contract and
customer types, and from accounting period to accounting period for
initial charging and transfer charging.
(iii) The system should transfer parts and associated costs
within the same billing period. In the few instances where this may
not be appropriate, the Contractor may accomplish the material
transaction using a loan/pay-back technique. The ``loan/pay-back
technique'' means that the physical part is moved temporarily from
the contract, but the cost of the part remains on the contract. The
procedures for the loan/pay-back technique must be approved by the
ACO. When the technique is used, the Contractor shall have controls
to ensure--
(A) Parts are paid back expeditiously;
(B) Procedures and controls are in place to correct any
overbilling that might occur;
(C) Monthly, at a minimum, identification of the borrowing
contract and the date the part was borrowed; and
(D) The cost of the replacement part is charged to the borrowing
contract;
(8) Where allocations from common inventory accounts are used,
have controls (in addition to those in paragraphs (e)(2) and (7) of
this clause) to ensure that--
(i) Reallocations and any credit due are processed no less
frequently than the routine billing cycle;
(ii) Inventories retained for requirements that are not under
contract are not allocated to contracts; and
(iii) Algorithms are maintained based on valid and current data;
(9) Regardless of the provisions of FAR 45.505-3(f)(1)(ii), have
adequate controls to ensure that physically commingled inventories
that may include material for which costs are charged or allocated
to fixed-price, cost-reimbursement, and commercial contracts do not
compromise requirements of any of the standards in paragraphs (e)(1)
through (8) of this clause. Government-furnished material shall not
be--
(i) Physically commingled with other material; or
(ii) Used on commercial work; and
(10) Be subjected to periodic internal reviews to ensure
compliance with established policies and procedures.
(End of clause)
[FR Doc. 00-31605 Filed 12-12-00; 8:45 am]
BILLING CODE 5000-04-M