Comment on FR Doc # 2011-16399

Thomson Reuters (Healthcare) Inc. (TRH) appreciates this opportunity to comment on the proposed changes to the DFAR. We support the proposed changes and believe they should also be included in revisions to FAR 9.5 for application across the entire spectrum of Government procurement. TRH suggests the following clarifications to the proposed rules as they apply to commercially available off-the-shelf (COTS) products. Section III, part D provides that use of the OCI requirements “in acquisitions of commercial items, especially COTS items, will probably not be frequent.” We infer from this statement that the Government believes there are likely to be very few, if any, specific situations where a COTS product (which by definition may be purchased by any party under terms and conditions that are substantially similar), will constitute an OCI. Having considered the issue, TRH was unable to develop a scenario whereby the sale by a vendor or purchase of such products could trigger an OCI. TRH recommends an absolute exclusion of OCI consideration from the rule for acquisitions of COTS items. Left to their discretion, Contracting Officers may feel compelled to include a “test” for OCI that would create an unnecessary burden of time and resources to both potential vendors and the Government and subvert the regulations’ intent to streamline the processes concerning consideration of OCI issues and permit the Government greater flexibility in procuring COTS products. For the same reasons, TRH also recommends that language be incorporated to clearly permit vendor implementation, configuration, and support of COTS solutions. Examples of such support include product training, user support and “help desk” services. In summary, exemption of COTS items and basic services needed for their deployment and maintenance neither constitutes Harm to the Integrity of the Competitive Acquisition Process, nor Harm to the Government’s Business Interests.