Is a beginning Period of Performance date required on a Direct Cite MIPR? Thank you.
Having reviewed DFAS-IN Reg 37-1, Ch12, I agree with your assertion that no guidance or direction is provided therein to require the inclusion of a beginning Period of Performance (POP) on customer's Direct Cite MIPRs. In fact, for direct cite MIPR’s, DFAS-IN Reg 37-1, Ch12 doesn’t require any POP (beginning or ending) to be listed. Paragraph 120803A of DFAS-IN Reg 37-1, Ch12 states the following:
“Every reimbursable document must clearly designate the POP, which will include a no-earlier-than start date and not-to-exceed end date that good/services will be obtained by the requesting activity. The date of the last authorized signature on the agreement is not considered acceptable for a start date. The POP (e.g., 01OCT2016 to 30SEP2017) will be included and clearly defined on the reimbursable document, e.g., DD Form 1144 (Support Agreement or DD Form 448 (Military Interdepartmental Purchase Request).”
As you can see, DFAS-IN Reg 37-1, Ch12 clearly states that this direction applies to reimbursable documents only.
Furthermore, paragraph 120902 “Direct Cite Order Acceptance” instructions is completely silent as to POP whatsoever.
In addition, DFAS-IN Reg 37-1, Ch12 also provides a sample MIPR (DD Form 448) and acceptance (DD Form 448-2) in Annex A. However, those sample MIPRs and MIPR Acceptances, as well as the instruction for completion of the MIPR and MIPR Acceptances don’t even make a reference to a POP (see pages 52-55 of DFAS-IN Reg 37-1, Ch12).
As such, I feel safe in concluding that DFAS-IN Reg 37-1, Ch12 does not direct an activity to include a beginning POP date on a customer's Direct Cite MIPR.
That said, an individual command can chose to be more restrictive than any applicable DFAS and/or DoD Guidance, as a matter of their own policy. However, it makes good sense that an ordering (or customer) activity would have a very difficult time specifying a beginning POP on any Direct Cite MIPR sent to your command, when they are not in control of when that contract will be awarded. As such, I would advise that you talk to whomever it is in your budget office that is requiring this beginning POP on customer MIPR’s and see if they can further clarify their policy for you and/or provide a better reference (that you and I may be missing) that requires a beginning POP to be provided on customer’s Direct Cite MIPRs. If this is just a matter of a more restrictive local policy at your command, perhaps you can work with them to provide you an exception to this policy (which, absent of any higher level policy or guidance, they are well within their rights to grant).
Also, and as a best practice in general with any issue pertaining to fiscal law, you should consult and work with your local comptroller and legal offices to ensure that the specific details of your particular situation are being legally addressed.
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DFAS-IN Reg 37-1, Ch12: