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    1) When does the PGI supersede MMAS? 2) What clause must be in the contract to bind the contractor to using the PGI?


    Answer

    This response is based on the information provided.  We suggest you discuss with your contract administrator and/or legal department and the government contracting officer as appropriate. 
     
    Based on your question, we assume your contract contains DFARS Clause 252.242 7004.  What is in the contract has precedence over anything outside the contract. 
     
    When we read DFARS Clause 252.242 7004 we did not see specific directions as to delivery as the Material Management and Accounting System (MMAS) language describes the material management process rather than specific actions.  We don't see an inherent conflict in DFARS Clause 252.242 7004 and DFARS PGI 245.402-71.  We suggest you identify to your government counterpart how you used the contractually required process (the company MMAS).  You may want to get clarification as to what the government sees as a disconnect between what is contractually required and how the company performed and/or on what basis do they consider DFARS PGI 245.402-71 incorporated into the contract.  We cannot address that as we would need to see the contract to be able to answer.
     

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