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  • Question

    Does the PCO have the authority to direct a QAS to either issue or rescind a CAR? Does the PCO have the authority to rescind a CAR that a QAS, acting under a valid delegation, issued?


    Answer

    This response is based on the information provided.  In general, FAR Subpart 42.2 provides the governing guidance concerning delegating contract administration services from the PCO to the ACO.  FAR 42.202(d) states that the PCO can rescind contract administration/quality assurance functions previously delegated to the ACO with certain exceptions (these exceptions does not pertain to this situation). 
     
    Regarding the specific quality assurance functions dealing with food handling procedures, I did not see in the FAR nor its supplements that limits the PCO’s ability to make a conforming or non-conforming decision that counters to the government technical personnel’s (QAS) judgement associated with this specific issue. 
     
    That said, recommend seeking advisement within the DCMA chain-of-command (probably within the legal-chain) if you believe there is an ethical issue at hand here…especially when dealing with food safety issues not in accordance with pertinent DoD/agency and/or USDA Food Safety & Inspection regulations.  There may be a policy within your DCMA chain that could help de-conflict the issue with the PCO, perhaps with a legal representative as an arbitrator.  Best wishes.
     



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