Is it ethical for me to pull back my BSAS input and edit it to show the new finding which indeed does impact the contractor's property control system. Further, because this is not the first incident of failure to report damages I need to ensure that there is no wiggle room for getting this corrected with impact. I have been advised by legal to draft a Level III CAR but, my issue lies with the BSAS report. I would like to think that you can have a Level III CAR and still have an approved system as long as you are heading in the right direction for corrective action. If the fact is they need to go together, I have no issue with that and feel it is deserved. I just want to be fair and just in this.
You pose a good question that will ultimately have to be answered within your agency since it revolves around DCMA policy. I see several important details within your question background and question. My interpretation can be summarized in four points: 1) you learned that the contractor had not been reporting damages occurring at one site for more than two years 2) you realized the deficiency AFTER conducting the audit and submitting the Business System Analysis Summary to the contracting officer 3) the contracting officer has made neither an initial nor final determination of the contractor’s property management system 4) you have been advised to write a draft Level III Corrective Action Report (CAR).
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DCMA Instruction 124 Contract Property Management (June 21, 2013) paragraph 3.11.3 includes “NOTE: The PMSA is considered complete upon forwarding of a BSAS to the Contracting Officer. See section 3.6. for guidance on new and newly assigned contractors.” Unless directed to do so or there was an administrative error or a deficiency discovered during the audit that was inadvertently omitted from the BSAS I would be extremely hesitant to amend, revise, or rewrite the BSAS; especially without supporting audit work papers to substantiate the findings.
Reference section 3.14 of the same instruction. It states “Contractor deficiencies can be discovered at any time; i.e., during or outside the PMSA process.” With regard to a level III CAR it states that property administrators “may at any time recommend the Contracting Officer issue a higher level (level III or higher) CAR for any deficiency potentially significant or requiring immediate corrective action e.g., if the deficiency impacts public health or safety.” I used that reference to illustrate that a CAR can be issued without being associated with a BSAS.
I strongly urge you to seek direction from within your agency.