A. Analysis of Public Comments

The comments received in response to the second proposed rule have been analyzed and dispositioned as discussed below. The comments received were grouped under 34 general topics. A summary of the comments follows:

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1. Business Systems
2. Resources and Resolution Timing
3. Contractor Appeals
4. Risk of Harm and Materiality of Deficiencies
5. Definition of Deficiency
6. System Approval Duration and Narrowly Focused Follow-up Audits
7. Contracting Officer/ACO References
8. Subjective Assessments and Vague Standards
9. Approval To Withhold Payments
10. Other Remedies
11. "Inadequate in Part"
12. Payment Withholdings Applied Per System or Per Deficiency
13. DCAA/Functional Specialist Consultation
14. Risk Management vs. Risk Avoidance
15. Large Businesses
16. DCAA Audit Standards
17. Arbitrary and Punitive Payment Withholdings
18. Release of Payment Withholdings
19. Multiple Compliance Regimes
20. NDAA Compliance
21. Contract Applicability
22. DCAA/DCMA Internal Policies
23. Cumulative Payment Withholdings
24. CAS
25. Dollar Limitations
26. Standard of Risk
27. Payment Withholding Process
28. Simplify Administrative Burden
29. DCAA/DCMA Roles
30. Functional Specialist
31. Policies and Procedures
32. Impact to Industry
33. Effectiveness of This Rule
34. Minor Corrections