1) FAR 4.202 states that “agencies shall limit additional distribution requirements to the minimum necessary for proper performance of essential functions.”
2) Without knowledge of a legal definition, it seems reasonable to me that “essential functions” means the parties having privity of contract.
3) Generally, unless specifically stipulated in the contract, the parties having privity of a federal contract are the Contractor and the Government. The contractor has an agent authorized to act on its behalf and the government’s procuring contracting officer (PCO) acts on its behalf.
4) In some government agencies, the PCO may delegate limited responsibility to an administrative contracting officer (ACO) and contracting officer’s representative (COR).
5) Therefore it makes sense to distribute contract award documents to the Contractor and Contract Administration Office (consisting of a delegated ACO and designated COR).
6) Additionally, there may be some internal agency offices that claim an interest in receiving a copy of the contract, although it is arguable that said offices are necessary for proper performance of essential functions.
Aside from being duplicative, redundant and wasteful, does anyone have concerns with or see any potential legal implications if an internal agency office (non-contracting) establishes a practice of re-distributing contract award documents?