Contractor Business System Rule

Revision #, Date (of revision)

Presented By:

Kendrick Dickerson, PA, DCMA Property Group

May 3, 2013

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TOPICS

• Basis for the Business System Rule

• Rule language

• Process

• Timelines

• Contractor Actions

• Q&A

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Why a Business System Rule?

• Commission on Wartime Contracting

(August 11, 2009):• Contractor business systems with deficiencies “…

remain uncorrected, without consequence, for

months or even years”

• Contractors not held accountable

• Clauses are inadequate

• Immediate remedies not available to Contracting

Officers

• No authority to hold accountable with CAP in place

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Bottom Line

“Defense agencies must improve their

oversight of contractor business

systems to reduce waste, fraud and

abuse”Commission on Wartime Contracting

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Six Business Systems

Accounting

Property

Purchasing

MMAS

Estimating

EVMS

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The DFARS Clause

DFARS 252.245-7003(b):

“The Contractor shall establish and maintain an acceptable

property management system. Failure to maintain an

acceptable property management system, as defined in

this clause, may result in disapproval of the system by the

Contracting Officer and/or withholding of payments”

Contractor property management systems must still meet FAR/DFARS requirements and any contract terms and conditions

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So..What’s Changed?

• Property Administrators will:• No longer send PMSA results to contractors

• Send PMSA results to the ACO

• No longer determine systems as “adequate” or “inadequate”

• Continue to communicate findings to contractors during audits and at exit briefings

• Contracting Officers will: • Approve the contractor’s system if there are no significant

deficiencies

• Determine if contractor deficiencies (if any) are significant

• Request corrective action

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Old Process vs. BSR

•Property Administrator:• Performs risk assessment

• Conducts Entrance Briefing

• Performs audit IAW risk plan

• Conducts Exit Briefing

• Property Administrator submits report of significant deficiencies to ACO

• CO signs letter to contractor disapproving system and requesting corrective actions

• Advises CO of successful corrective action or significant deficiencies

• CO advises contractor of continued disapproval and withdrawal of Limited Risk of Loss (if applicable)

Old Process BSR Implementation

•Property Administrator:• Performs risk assessment

• Conducts Entrance Briefing

• Performs audit IAW risk plan

• Conducts Exit Briefing

• Sends Summary letter to contractor system status and requests corrective actions

• Performs re-analysis after corrective actions implemented

• Recommends Withdrawal of Limited Risk of Loss to CO if corrective action not taken

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What is a Significant Deficiency?

DFAR 252.242.7005(b)

Significant deficiency

“..in the case of a contractor business system, means a

shortcoming in the system that materially affects the ability

of officials of the Department of Defense to rely upon

information produced by the system that is needed for

management purposes”

 

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The Process

• If the contractor does not correct the deficiencies, the CO may follow FAR Part 45.105; i.e., withdraw assumption of risk, pursue other rights and remedies

• If DFARS clause 252.242-7005 is in the contract, the CO also pursues a financial withhold

• In addition, The CO will issue a Level III CAR

• If the contractor’s system was previously approved, the CO would disapprove

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Timelines

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Contractor Actions

• Produce sound, clear, detailed procedures

• Develop robust self-assessment programs (required by

FAR 52-245-1)

• Enables contractors to track their system and identify deficiencies

prior to the Property Administrator performing the audit

• Identifying the deficiencies and implementing corrective actions

provides contractors more “time” to work through the issues.

• Implement adequate corrective action• Perform “root cause” analysis

• Ensure corrective actions adequately address the root cause of the

problem to prevent future findings

•  

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Summary

• What does the business system rule mean to DCMA’s overall mission?• Forces consistency of oversight; and• Policy/people/tools

• What does the business system rule mean to DCMA’s property mission?• Gives parity with respect to all other contractor

business systems; all systems have equal status under the rule

• Enhances the importance of property system audits

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Corrective Action Requests

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Corrective Action Requests

• Level I• Noncompliances that are minor, promptly corrected

and require no root cause analysis• PAs may issues a Level I at any time

• Level II• Noncompliances not promptly correctable and

warrant root cause analysis and preventive action• PAs may also issue a Level II at any time

• Level III• Noncompliances of a serious nature and constitute a

significant deficiency• Level III Issued by a Contracting Officer