9.  Approval To Withhold Payments

Comment: The authority to order a payment withholding should be vested at a higher level than the contracting officer because many contracting officers do not have sufficient training or expertise in the full spectrum of business systems covered by the rule. Furthermore, contracting officers should be allowed to make independent business judgments without fear of DCAA elevating the matter to a formal disputes resolution board, unless the contracting officer has ignored or disregarded DCAA egregiously.

Response: The contracting officer is the only person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. DoD contracting personnel are skilled professionals. All contracting personnel are required by law to obtain a certification to ensure they have the requisite skills in contracting. When specialized expertise is required, contracting officers consult with auditors and other individuals with specialized experience, as necessary, to ensure a full understanding of issues. In fact, the interim rule requires such consultations. Accordingly, the contracting officer is the appropriate authority for making decisions regarding contractor business systems.