Public Comments 2008-D010-J.Rubinstein

1. The proposed DFARS paragraph 204.1103(1)(ii)(B) reads, “If the information in the CCR database is not current, accurate, and complete, exercise the option or issue the applicable contract modification as soon as practicable after the contractor has updated its registration information.” a. I recommend that this language not be added to the DFARS, except possibly as described in paragraph b, below. i. The contracting officer may need to exercise the option or issue the contract modification before September 30 in order to avoid losing the funds committed for this action. If the contractor does not provide current, accurate and complete information about itself in CCR until after September 30, committed funds will be lost, and needed goods and services will not be acquired, and needed changes to contracts will not be made. ii. The requiring activity may need to have service continue without interruption. Delaying option exercise until after the contractor has updated its information in CCR may result in the option not being exercised until after the current contract period has expired. Such a situation would result in a break in service. iii. If the contractor has provided good service, and there is an ongoing need for the service, it would not be prudent to hold off exercising the option just because the contractor did not update its information in CCR. b. The proposed language could be added to the DFARS if the following language (or similar language) were also added: “If the contracting officer determines in writing that immediate exercise of the option or issuance of the modification is necessary in order to prevent (a) Loss of funds due to their imminent expiration; or (b) A break in performance of required services; the contracting officer may exercise the option or issue the contract modification prior to the contractor updating its registration information.” 2. The last sentence of proposed DFARS paragraph 204.1103(2) reads, “See PGI 204.1103 for additional requirements relating to use of information in the CCR database.” The version of DFARS/PGI shown on DPAP’s webpage, http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html, does not show a PGI 204.1103. Unless: a. There exists a PGI 204.1103, and it does not show on that webpage, or b. PGI 204.1103 will be created by the time the proposed rule is implemented, the DFARS text ought not reference a PGI section that does not exist.