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s >1 Part 3175—Regulations Applicable to the Controlled Materials Plan [CMP Beg. 5 as Amended Feb. 26, 1944] MAINTENANCE, REPAIR AND OPERATING SUPPLIES § 3175.5 CMP Regulation 5—(a) Pur­pose and scope. (1) The purpose of this regulation is to provide a uniform procedure for obtaining maintenance, repair and operating supplies, both in the Case of controlled materials obtained by use of allotment symbols under the Controlled idaterials Plan and in the case of materials or products obtained by preference ratings. Persons requiring maintenance, repair and operating sup­plies, in any form, ill such quantities as are available from warehouses or dis­tributors under CMP Regulation No. 4, oi at retail without preference ratings or allotments, may obtain the same without using the procedure provided, in this regulation, but subject to all appli­cable limitations in Wdr Production Board regulations and orders. (2) The provisions of this regulation shall not apply to any governmental agency (other than Claimant Agencies) or to any institution, as the same are de­fined un paragraphs (b) (1)' and (b) (2) of CMP Regulation No. 5A, regardless of whether it is. engaged in the production of any product or in any activity or service listed in any schedule attached to this regulation or not.- Procedures fdr the obtaining of maintenance, re­pair and operating supplies by such governmental agencies and by such per­sons and institutions are provided under CMP Regulation No. 5A. This regulation is also inapplicable to certain purchases by Claimant Agencies or for export as more fully provided in paragraph (g). (3) [Deleted Feb. 26,1944] Note: Canadians will obtain MRO in the United States under Canadian Order PO 5 B. (b) Definitions. Maintenance, repair and operating supplies and minor capital additions (which are sometimes collec­tively referred to as “MRO”) have the following meanings in this regulation and in other Wax Production Board regula­tions and orders unless otherwise indi­cated: (1) “Maintenance” means the mini­mum upkeep-necessary to continue a fa­cility in soiind working condition, and “repair” means the restoration of a fa­cility to sound working condition when the same has been rendered unsafe or unfit for service by wear and tear, dam­age, failure of parts or the like: Pro­vided, That neither maintenance nor re- ) 4" % t WAB PRODUCTION BOARD pair shall include the improvement of any plant, facility or equipment, by re­placing material which is still usable, with material of a better .kind, quality or design, except as provided in paragraph (b) (3) of this regulation.1 (2) “Operating supplies” means any materials or products which are nor­mally carried by a person as operating supplies according to established ac­counting practice and are not included in his finished product, except that ma­terials included in such product which are normally chargeable to operating expense may be treated as operating supplies. The term also includes such items as hand tools purchased by their employer for sale to his employees for use only in his business, in those cases where they would constitute operating supplies under established accounting practice if issued to employees without charge.2 (3) Minor capital additions may be obtained under the procedures provided for in this regulation for obtaining main­tenance, repair and operating supplies where the cost of the minor capital addi­tion does not exceed $500 (excluding the purchaser’s cost of labor) for any one complete capital addition. The term “one complete capital addition” includes a group of items customarily purchased together and all items which would nor­mally be purchased as part of a single project or plan. No capital addition shall be subdivided for the purpose of coming within this paragraph, and where the capital addition involves construc­tion, authorization to construct must be obtained to the extent required by Con­servation Order L-41 or by any other applicable order or regulation of the War Production Board.2 (4) Production materials required by a manufacturer for physical incorpora­1 See also Interpretation No. 8: Repairs which are capitalized must he treated as cap­ital additions. 2 See also: Interpretation No. 4: Material for the manufacture of containers is a pro­duction material; Direction No. 2; Steel shoe wire is to be treated as an operating supply; Direction No. 4: Stitching wire is to be treated as an operating supply; Direction No. 7; Welding rod is not an operating supply when used In manufacturing; Direction No. 9: Em­ployees may use their employer’s rating to buy hand tools and (Direction 11) safety equipment; Direction 16: Broom wire Is to be treated as an operating supply. 8 See also Interpretation No. 9: Relation­ship of L—41 and CMP Regulation No. 5. Direction No. 15: MRO Symbol and Rating may be used to buy Installation materials where authorization to construct Is not re­quired under L--4LT if" 'J“' ^ CMP Reg. 5 FEB. 26, 1944 [As Amended] tion in his products, which products he sells for use as maintenance, repair or operating supplies, may be obtained as provided in CMP Regulation No. 1 and in CMP Regulation No. 3, and such pro­duction materials shall not be deemed maintenance, repair or operating sup­plies, as to such manufacturer. (c) Controlled materials. (1) Subject to the quantity restrictions contained in paragraph (f) of this regulation, any person engaged in the business of pro­ducing any product or conducting any business listed in Schedule I or II, re­quiring delivery of any controlled mate­rial, for maintenance, repair or operating supplies in the conduct of such business,1 may obtain the same by placing on his delivery order substantially the follow­ing certification (or the alternative form of certification provided in CMP Regula­tion No. 7), signed manually or as pro­vided in Priorities Regulation No. 7: CMP allotments symbol MRO—The under- signed certifies, subject to the criminal penal­ties for misrepresentation contained In sec­tion 35 (A) of the United States Criminal Code, that the controlled' materials covered by this order are required for essential main­tenance, repair or operating supplies, to be used for a purpose listed In Schedule I or Schedule II of CMP Regulation No. 5 and that delivery thereof wUl not result in a violation of the quantity restrictions contained in par­agraph (f) of said regulation. Note: Unnumbered paragraph deleted Feb. 26, 1944. An order bearing such certification shall constitute an authorized controlled material order. (2) [Deleted Feb. 26, 19441 . (3) [Deleted Feb. 26, 1944] (d) Preference ratings for mainte­nance, repair and operating supplies. (1) Subject to the quantity restrictions contained in paragraph (f) of this regu­lation, orders calling for delivery of maintenance, repair or operating sup­plies other than controlled materials (re­gardless of whether such supplies be Class A products, Class B products, or other products or materials) are hereby assigned preference ratings as follows: (i) AA-1 for maintenance, or repair of facilities required for producing any ?‘See also Interpretation No. 5: Conduct of business includes general offices, branch of­fices, salesrooms, et cetera. GPO— War Board 9893A— p. 1