CDRL Debate

[MV2009]

A question was asked if DD Form 1423s should be used on solicitations for commercial services/products under FAR Part 13.  One side stated that CDRLs (Contract Data Requirements List) are never incorporated on commercial services/products and would not support CDRLs on any FAR Part 13 acquisition. The other side stated CDRLs can be incorporated on commercial acquisitions but depends on what the CDRL is asking for. 

Since I am arguing on the latter side, I wanted to lay out my thoughts and see if anyone wants to add to it or say where I am off base. I appreciate any help.

1) The purpose of DoD 5010.2-M, Procedures for the Acquisition and Management of Technical Data, is to provide a uniform approach to the acquisition and management of data required from contractors. Within DoD 5010.2-M, it states "It should be noted that DiDs DI-TMSS-80527 and DI-TMSS-80528 are the only authorized DiDs to be used when the procuring commercial-off-the-shelf (COTS) manuals."

2)  It is not uncommon that commercial services (outside of the DoD) require data to be furnished during and/or at the end of performance.  If the DoD has uniform set of items it wants in its report, this to be no different than Walmart or any large business requiring certain content to be in its deliverable company wide to ensure consistency. The only difference is where the Government calls it out (i.e. in the DiD)

This may just be a terminology debate but it does not make sense that CDRLs could not be used in commercial services. 

[Guest Vern Edwards]

Has anyone shown you anything official that says you cannot use a CDRL in a contract for commercial items? If not, then...

Don't listen to can't dancers.