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  • Question

    If there is a conflict between a PWS and a referenced CDRL, what is granted precedence?


    Answer

    :  This response is based on the information provided.  We suggest you discuss with your contracting officer, financial manager and/or legal department as appropriate.

     

    Let's begin with the fact that "tailoring is not allowed" is not law or regulation.  Not knowing what the CDRL subject matter is, we cannot offer an opinion as to whether the tailored document should be submitted as required by CDRL instructions.

    To answer that we would ask the following questions:

                    Would an untailored submission provide data we need but are not getting?

                    Is the present contractor submission failing to give us the data we need?

    If the answer to either question is YES, then direct the contractor to follow CDRL requirements.  This would be at no cost as it is part of the original contract.

                    We don't believe a PWS amendment is necessary as a CDRL is a contract deliverable (we are assuming the PWS addresses the CDRL, but not the tailoring)

     

    If the answer to both questions is NO, then no action need be taken.

     

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