Federal Contract Law: How not to place contract orders

 

Connecting state and local government leaders

The 1997 OFPP guide says that 'the 'preference' for multiple award contracts is just that, a preference.' When they put a word in quotes like that, it's irony. You know, like winking.

While preparing a course on task and delivery order contracts, I found a best practices guide from the Office of Federal Procurement Policy dated July 1997. Changes since then make this guide seriously obsolete. But I couldn't find an updated version.There isn't enough space in this column for a new best practices guide. So I wrote a different one: 'Worst Practices for Placing Contract Orders.'. If you make more than one award under a contract, then you might have to compete some orders among the contractors. Instead, make only one award, but have multiple overlapping contracts! This makes it much easier to order from the contractor you really want.The 1997 OFPP guide says that 'the 'preference' for multiple award contracts is just that, a preference.' When they put a word in quotes like that, it's irony. You know, like winking. Especially for services contracts, statements of work are out of fashion. Besides being too much work, they restrict what you can order under the contract. If your boss makes you write one, be sure to make it as vague and broad as possible. It should be a Statement of Whatever.. If you put lots of things into a contract, you can make it so big that no small business will qualify for award. For instance, instead of buying simple jobs one at a time from small businesses, put them together in a huge, five-year contract for some giant company. Hint: When you do this, don't use the word bundle. The 'B' word can get you in trouble! . If you get stuck with a multiple-award contract vehicle, and you have to conduct a competition for orders, make sure to ask the program folks what contractor they want to get the order. Important hint: Don't write this down in the contract file.But don't stop there. Ask them which contractors could not possibly do the work. Then make sure that the right contractor and all the wrong ones get the solicitation. Hint: This also works great for General Services Administration schedule contracting, where you may have to solicit three or more vendors.. Some contracts say that every contractor must get a fair opportunity to be considered for contract orders. What a bother! Especially after Congress has downsized your office several times.But don't despair. Contractors can't file a bid protest if they don't get an order, so it doesn't really matter! Sure, they can submit a claim under the Contract Disputes Act, but they probably don't know that.. Before you send out competitive solicitations to everyone on a multiple-award contract, check the loopholes that Congress gave you. A perennial favorite is the logical follow-on. If all contractors got a fair opportunity to be considered for an order, then any later order can be sole-source, as long as it's a logical follow-on to the original one. Be creative about how you use this loophole. And remember that fuzzy logic is high-tech!

Joseph J. Petrillo





Instead of multiple awards, use multiple contracts



Statement of what?



Bigger is definitely better, or size matters

Horses are for stalking



Fair is as fair does



Loopholes are the next best thing to doughnut holes

Joseph J. Petrillo is a lawyer with the Washington law firm of Petrillo & Powell. E-mail him at jp@petrillopowell.com.
X
This website uses cookies to enhance user experience and to analyze performance and traffic on our website. We also share information about your use of our site with our social media, advertising and analytics partners. Learn More / Do Not Sell My Personal Information
Accept Cookies
X
Cookie Preferences Cookie List

Do Not Sell My Personal Information

When you visit our website, we store cookies on your browser to collect information. The information collected might relate to you, your preferences or your device, and is mostly used to make the site work as you expect it to and to provide a more personalized web experience. However, you can choose not to allow certain types of cookies, which may impact your experience of the site and the services we are able to offer. Click on the different category headings to find out more and change our default settings according to your preference. You cannot opt-out of our First Party Strictly Necessary Cookies as they are deployed in order to ensure the proper functioning of our website (such as prompting the cookie banner and remembering your settings, to log into your account, to redirect you when you log out, etc.). For more information about the First and Third Party Cookies used please follow this link.

Allow All Cookies

Manage Consent Preferences

Strictly Necessary Cookies - Always Active

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Sale of Personal Data, Targeting & Social Media Cookies

Under the California Consumer Privacy Act, you have the right to opt-out of the sale of your personal information to third parties. These cookies collect information for analytics and to personalize your experience with targeted ads. You may exercise your right to opt out of the sale of personal information by using this toggle switch. If you opt out we will not be able to offer you personalised ads and will not hand over your personal information to any third parties. Additionally, you may contact our legal department for further clarification about your rights as a California consumer by using this Exercise My Rights link

If you have enabled privacy controls on your browser (such as a plugin), we have to take that as a valid request to opt-out. Therefore we would not be able to track your activity through the web. This may affect our ability to personalize ads according to your preferences.

Targeting cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.

Social media cookies are set by a range of social media services that we have added to the site to enable you to share our content with your friends and networks. They are capable of tracking your browser across other sites and building up a profile of your interests. This may impact the content and messages you see on other websites you visit. If you do not allow these cookies you may not be able to use or see these sharing tools.

If you want to opt out of all of our lead reports and lists, please submit a privacy request at our Do Not Sell page.

Save Settings
Cookie Preferences Cookie List

Cookie List

A cookie is a small piece of data (text file) that a website – when visited by a user – asks your browser to store on your device in order to remember information about you, such as your language preference or login information. Those cookies are set by us and called first-party cookies. We also use third-party cookies – which are cookies from a domain different than the domain of the website you are visiting – for our advertising and marketing efforts. More specifically, we use cookies and other tracking technologies for the following purposes:

Strictly Necessary Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Functional Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Performance Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Sale of Personal Data

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.

Social Media Cookies

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.

Targeting Cookies

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.