Comment on FR Doc # 2010-29510

The proposed rule to make discussions the "default procedure" for source selections at or above $100 million is laudable, but overkill. The FAR & DFAR rules as they stand allow the use of discussions as a discretionary tool, to be determined by the SSA in practicality. This proposed rule will strip away that discretion and essentially shows DoD (AT&L) has little or no confidence in 100% of the DoD SSA and CO population dealing with these kinds of source selections. The term "should" remains, but only lip service is paid to applying that condition. Contractors will jump at the opportunity to challenge by protest the rationale behind the decision to NOT take the DoD-sanctioned "default" position and thus no discretion exists to choose not to enter into discussions. This same desired effect can be achieved by making the present allowance for no discussions more rigourously applied instead in a POLICY action. DoD (AT&L) can require by policy edict that the decision to not enter into discussions for these high dollar, complex source selections be captured in a D&F for approval at the highest level of reviews. This would not be a protestable ground (or much less so) and still achieve the focused accountability for those SSA and CO personnel that may be making a bad decision before it is made. Let's not forget that most high-dollar protests are just as much about the press-related story to the shareholders as they are about the adequacy of ANY aspect of the source selection. Protests hear happen with or without discussions. Discussions serve a valid purpose and should be encouraged in the vast majority of cases. However, the DFARS need not provide the club to protesters when a stick in the hands of DoD (AT&L) will do just fine.