[Federal Register Volume 60, Number 199 (Monday, October 16, 1995)] [Proposed Rules] [Pages 53575-53576] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 95-25343] ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE 48 CFR Parts 242 and 252 Defense Federal Acquisition Regulation Supplement; Material Management and Accounting Systems (MMAS) AGENCY: Department of Defense (DoD). ACTION: Proposed rule with request for comment. ----------------------------------------------------------------------- SUMMARY: The Director of Defense Procurement is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to raise MMAS disclosure, demonstration, and maintenance threshold requirements; clarify circumstances under which contractors will be subject to MMAS disclosure, demonstration, and maintenance; and clarify MMAS provisions regarding material transfer methodologies and approved loan/pay-back techniques. DATES: Comments on the proposed rule should be submitted in writing to the address shown below on or before December 15, 1995, to be considered in the formulation of the final rule. ADDRESSES: Interested parties should submit written comments to: Defense Acquisition Regulations Council, Attn: Mr. R. G. Layser, PDUSD (A&T) DP (DAR), IMD 3D139, 3062 Defense Pentagon, Washington, DC 20301- 3062. Telefax number (703) 602-0350. Please cite DFARS Case 95-D029 in all correspondence related to this issue. FOR FURTHER INFORMATION CONTACT: Mr. Rick Layser, Telephone (703) 602-0131. SUPPLEMENTARY INFORMATION: A. Background The Secretary of Defense recently commissioned a study to assess the effect of DoD regulations on the defense industry, measure the impact of those regulations on defense industry costs, and identify key cost drivers and describe their impact on contractor business processes. The material management and accounting system (MMAS) standards were among the top ten cost drivers identified in the study report. A working group was formed to evaluate the related findings and determine what actions, if any, might be appropriate to reduce the MMAS cost premium. One MMAS finding pertained to dollar thresholds that determine when MMAS requirements apply to defense contractors, and to criteria that determine the degree of MMAS disclosure and demonstration required. The working group determined that MMAS thresholds appeared to be outdated due to inflation and that disclosure, demonstration, and maintenance criteria could be more objective. Another finding pertained to the language at DFARS 252.242-7004(f)(7) regarding a loan/pay-back technique for material transfers, which appeared susceptible to misinterpretation. This proposed rule implements the working group's recommendations pertaining to MMAS requirements. B. Regulatory Flexibility Act The proposed rule is not expected to 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. Although the proposed rule applies to small business under certain circumstances, only large businesses meeting certain dollar thresholds are required to demonstrate the degree to which their material management and accounting systems conform to the standards contained in the proposed rule. An Initial Regulatory Flexibility Analysis, therefore, has not been performed. Comments from small entities concerning the affected DFARS subparts will be considered in accordance with section 610 of the Act. Such comments must be submitted separately and cite DFARS Case 95- D029 in correspondence. C. Paperwork Reduction Act The Paperwork Reduction Act does not apply because the proposed rule does not impose recordkeeping or information collection requirements which require the approval of the Office of Management and Budget under 44 U.S.C. 3501 et seq. 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 proposed to be amended as follows: PART 242--CONTRACT ADMINISTRATION 1. The authority citation for Parts 242 and 252 continues to read as follows: Authority: 41 U.S.C. 421 and 48 CFR Chapter 1. 2. Section 242.7202 is amended by revising paragraph (d) to read as follows: 242.7202 Policy. * * * * * (d) Conforms to the standards at 252.242-7004(f) when the contractor has cost-reimbursement of fixed-price contracts greater than the simplified acquisition threshold in FAR part 13 with progress of other contract financing provisions, except when all of the contracts and subcontracts are awarded under the set-aside or Section 8(a) procedures of FAR part 19. 3. Section 242.7203 is revised to read as follows: 242.7203 MMAS disclosure, demonstration, and maintenance requirements. (a) A large business contractor is subject to MMAS disclosure, demonstration, and maintenance if in its preceding fiscal year the contractor received DoD prime contracts or subcontracts (including modifications) totaling-- (1) $70 million or more; or (2) $30 million or more (but less than $70 million), and the contracting officer determines it to be in the best interests of the Government (e.g., contractor disclosure, demonstration, or other activities indicate significant MMAS problems exist). (b) After the administrative contracting officer determines the contractor's MMAS is adequate (see 242.7204(b)), written disclosure will not be required for the next MMAS review unless the contractor's policies, procedures, or practices have changed in the interim period(s). Similarly, once the contractor demonstrates that its MMAS contains no significant deficiencies, demonstration requirements for subsequent reviews may be satisfied if internal audits are reasonably current and contain sufficient transaction tests to demonstrate MMAS compliance with each standard. PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES 4. Section 252.242-7004 is amended by revising paragraphs (f)(7)(i) and (f)(7)(iii) introductory text to read as follows; [[Page 53576]] 252.242-7004 Material management and accounting system. * * * * * (f) * * * (7) * * * (i) The Contractor shall maintain and disclose written policies describing the transfer methodology and the loan/pay-back technique. (ii) * * * (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/payback 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 Administrative Contracting Officer. When the technique is used, the Contractor shall have controls to ensure-- * * * * * [FR Doc. 95-25343 Filed 10-13-95; 8:45 am] BILLING CODE 5000-04-M