By far the most important section in the Federal Acquisition Regulation (FAR), for these trying times in particular, is FAR 15.201. We need to keep reminding ourselves and everyone in the procurement community about it. Following it is the cornerstone of any successful acquisition.
15.201 Exchanges with industry before receipt of proposals
(a) Exchanges of information among all interested parties, from the earliest identification of a requirement through receipt of proposals, are encouraged. Any exchange of information must be consistent with procurement integrity requirements (see 3.104). Interested parties include potential offerors, end users, Government acquisition and supporting personnel, and others involved in the conduct or outcome of the acquisition.
Agencies are encouraged by the regulation to promote early exchanges of information. Among the techniques encouraged are: industry conferences, one-on-one meetings and draft solicitations.
Language in the myth busting memos lends further support to this basic admonition.
Nearly all the problems we’ve seen with procurements could have been avoided or ameliorated by following the clear and simple encouragement in FAR 15.201 to communicate. And, as we’ve pointed out, once the contract is inked, there is an obligation read into all contracts, as a matter of law, that the parties communicate with each other.
Submitted by William Spriggs of Spriggs Consulting Services