8.  Subjective Assessments and Vague Standards

Comment: The revised proposed rule includes incomplete and ambiguous definitions of acceptable business systems, and fails to address the concern with subjective assessments and vague standards, which will lead to inconsistent treatment within DCAA and DCMA.

Response: The rule incorporates criteria that are already used by the Government under existing authority to evaluate the adequacy of contractor business systems. For example, the criteria for estimating systems are currently located in the DFARS at 215.407-5-70(d)(2). Given that these system criteria have been used for many years to assess contractor business systems, a reasonable person should be able to easily interpret and understand what is required to maintain an acceptable system. Each significant deficiency must be determined on its own set of facts and ultimately decided by the contracting officer. Inconsistent treatment of deficiencies is speculative.