prodigalko

Has anyone else received a request for a FAR part 15 construction contract abstract of all bids from a contractor citing FOIA as a justification? I recently received several similar requests and was curious where this approach is coming from. I communicated FAR part 15.505/15.506 and FOIA exemption 3, 41 U.S.C. 4702/FAR 24.202, but am puzzled how contractors think that they would be entitled under FOIA or other law to all contractor bids or an abstract. It appears that this is the result of confusing sealed bidding (FAR 14.407-3(g)(3)) with Negotiated, but it seems like a big oversight to fundamentally confuse the FAR part when the solicitation clearly identifies FAR part 15 and then to cite FOIA as the justification (because it is not mentioned in FAR 14). Please let me know your experience and if I am missing anything. Thank you.

Vern: Thanks for the suggestions and information on Westlaw. I endeavor to increase the maturity (In an OPM3 sense) of the office and progress from basic to close questions; which I hope will make those types of resources more appropriate.

Thanks for all the responses. While I like the legal databases I think they may be more appropriate for higher dollar or more complex work than my agency typically sees. We largely see general not close questions.

To give a little background I have access to the legal databases through my school (Westlaw, Lexis, Bloomberg). Other than access to the Public Contracts Journal and the Nash & Cibinic report Westlaw does not seem to specialize in government contracts. I have not found anything on Lexis. Bloomberg - which also the only one that continues access through the summer and encourages professional non-academic use - does have a government contracts section and daily update of recently decided cases or news. The main difference that I see from these databases is that VAO is government contract specific and is designed for individuals that are largely not attorneys. Also, it provides more assistance with templates for various types of acquisitions and training. There is some overlap with GSA's new Common Acquisition Platform, but because that website is free to the government, I do not see any reason that they cannot be used concurrently if possible (assuming the cost of VAO is worth it).

I wanted to see if anyone has any experience or comments on the Virtual Acquisition Office (VAO) website from ASI. Specifically the quality of the templates, training, and updates. I am looking for feedback and opinions including those on any competitors. Thank you.

I am not aware of the quality of what they offer. The reason I would like to stop it is due to the possibility of fraud and lowering quality of contractors or work received by the government while also raising prices. My main experience with this business model is while I was deployed to Afghanistan. This was a constant issue there because lead aggregator companies would sell acess to our solicitations. They would also provide any assistance needed to vendors, for a fee. Frequently this included expert proposal assistance, usually in the form of professional engineers, electricians, or others that would review and revise proposals for compliance with solicitation requirements. Unfortunately, this expertise was only utilized for the proposal phase and was not in country or on staff to assist with project management. As a result we received proposals that were technically acceptable and awarded contracts only to find out that contractors were not capable during performance. Other activities included a range of fraudulent practices (bribes, subcontractor kickbacks, subcontracting 100% of the work). Generally I am not in favor of mulitple tiers/steps between the owner (government) and general contractor performing the work. In my experience this can cause performance and administration issues due to: contractual risk transfer, lack of privity, and confusion regarding responsibility. Perhaps my experience is not relevant in this situation and these companies add value.

Since returning to the government a few months ago I have received a lot of emails from companies in the United States and abroad requesting information about solicitations on FBO that my office or I posted. The information requested has ranged from closing date on one end of the spectrum, to site visit attendance lists, and up to the proposals of the three lowest bidders on the opposite end of the spectrum. I have typically referred them back to information in the solicitation when possible. When they requested information that is not required to be released I will respond to that effect with a reference. When contacted regarding proposals I referenced 41 USC 2102 prior to award, and 41 USC 4702 after award (Including specific cites to FAR 3.104). My question is do contracting officer's have any responsibility under the FAR or elsewhere to assist individuals not bidding on contracts, but selling information about active solicitations? Under FAR 1.6 the responsibilities only lists contractors as a party that CO’s are responsible to (in addition to other responsibilities). I have also looked to the definition of "interested party" in FAR 33.101. From this research I do not think it is necessary to assist these companies because they are not actual or prospective contractors whose direct economic interest would be affected by the award of a contract or by the failure to award a contract. Additionally, how could this be stopped? I could not find any prohibition on selling access to solicitations posted on FBO. As long as these companies do not violate any part of the FAR (specifically 3 and 9), and their customers do not, then there is no issue. (This is not including obvious violations such as subcontractors paying the prime for access through a third party, or the lead aggregator bidding on the work and then reverse auctioning the work off) If the subject contract were a cost contract and the cost of the access were charged to the government I think that there may be an issue, but that is all that I could come up with. As far as how to avoid this through Instructions to Offerors or a legal remedy I am at a loss. Thank you in advance for your help.

As a future attorney I cannot pass up the opportunity to echo Joel and Vern in calling for consulting agency counsel. With that said, I noticed that there was no discussion of the possibility that the brand name system could have been mandated by the agency or higher level. While it seems like a big fact to omit, if this is an Air Force procurement there were previously only three intrusion detection systems approved for physical security. Perhaps other agencies do not micro-manage as much as the Air Force, but it is entirely possible that the reason for the specificity had to do with legitimate: functions to be performed, performance required, or essential physical characteristics.

After my transition from military to contractor - and then finally to government civilian - I put together some tips and tricks. While military focused some of the items could definitely be similar to the contractor to civilian process. PM me and I will send it. When it comes to the government the easiest way is to have a personal referral. Without that there are a few other ways, but some general guidance I received (and that I found useful) follows: 1. Communicate competencies using some of the language from the OPM 1102 series. This can be helpful with getting past HR. (I would not change a lot if you are already interviewing at your target grade, but if you are looking for higher positions). 2. Highlight any required elements (experience, education, other) in your resume or attachments. 3. Contact individuals listed on the announcement before it closes to make sure you have submitted everything. 4. Contact individuals listed on the announcement after it closes (preferably if you made the cert) to follow up (requesting an interview if you made the cert) or for a de-brief (Especially helpful if targeting specific agency). 5. While negotiating a grade is difficult negotiating a step is much more likely. Especially if you have an offer that meets/exceeds the government offer, but be advised that it will slow down the process as it gets approved. Having recently gone through the process I struggled to explain my role on several projects. While my past Contracting Officer experience (almost three years ago as of this writing) was clear and I could talk about having responsibility for a project, my contractor experience was not as clear and I would have to qualify my experience under the FAR 7.503 prohibitions (sometimes explaining it to folks who had not read it recently or did not know what it works in action). If your interview panel has not worked as a contractor before, or awarded/administered an acquisition services contract, this may be a difficult area. Good luck.

Thank you for the guidance everyone. Regarding the name my old username was formerko when I left the government, but since returning I was unable to find my password for my old username. Having majored in religion (a long time ago) I did not consider the correct meaning of prodigal or review the definition (a sloppy move, I admit). Rather I associate the story with someone I was close to - now passed - who particularly enjoyed the story. While I was away from the government I worked as a contractor, so the name is also a joke regarding my time as a contractor. While I really enjoyed the places I saw, people I worked with, and all that I learned, I really missed being a contracting officer. Applying the literal meaning to my past I would say that I felt like it was a waste of my talent and motivation working to enrich the different companies I was employed by. I prefer working for the government. It is not always perfect, but for me it is a better fit.

Can anyone shed light on what decisions of a predecessor contracting officer are considered administrative - and therefore harder to question - under the GAO Decision B-189329, FEB 15, 1978 (available at http://www.gao.gov/products/426006#mt=e-report)? When I was active duty and had to clean up messes made by previous KO's I would write an MFR to document missing items in the file and move on. Now that I am back in the government I am curious what the scope of the guidance above is (I was not able to find regulation and this looks like a seminal decision) and would appreciate any assistance. In short, what can you change and when? Anything prior to award? Are some things off limits?

Rusty Dog, let me know if you want more specific information. I have similar experience, but in the opposite direction. I started as a military contract specialist and contracting officer, then went private, and recently am back in the government while I attend law school at night. Off the top I would highly encourage you to look to a big city like DC, Hunstville, or Denver where there are a lot of 1102 positions. If you work hard you have the tools to stand out in the career field and your ability to move up (after the intern program) may be hindered if you stay in a small town. Big cities with many different agencies allow you the possibility not only to switch agencies, but to possibly switch (for promotion or broadening) within your agency. However, depending on how good of a job you do your agency may try to keep you by moving you up or grooming you for positions. Also if it matters to you I would try to make sure to get student loan repayment with that 7-9-11. Or better yet find a 9-11-12 program (Presidential management fellows). I think you will find that after 5-10 years in the career field with diverse experience (services, commodities, construction, systems, R&D) you will find yourself drawn to something specific. At that point you could likely cross over to a private contracts manager (like Michael 11 said) and further expand your knowledge. If the company is small you may end up doing some of their legal work in-house (if you are a member of that state's bar) and saving them money (which is always a plus in an interview or after). If they are large you can learn a lot about how to handle larger contracts, legal requirements, and effective use of outside counsel. This is one career field where there will always be a job for those that know contracting (and especially for a JD). Either a lower stress (and possibly, but not necessarily lower paying) government job or contractor job, and firm jobs. While firms may be reluctant if you do not have a book of business all that will change with experience or if you are the contracts manager at a company and by recruiting you they know you will keep that company as your account (it helps to have more than one, but one is a start and if they are large can be enough). Likewise if you do well in the government or private you should have better than average progression. Make sure not to rest on your laurels though. I would highly suggest a government contracts cert to start if you are unable to break into the career field, then possibly an MA to keep learning. If you do take a legal 0905 position in the government they may bring you in lower than an 1102 position would. Finally I cannot overemphasize the importance of NCMA as a professional development and network tool. While some of their certs are not ideal, with a few exceptions they are significantly better for real world contracting than the current DAWIA/FAC-C curriculum (unless you solely deal with systems acquisition). I hope this helps. Dan