4.1: Communication

Endorse FAR Compliant Communication.

Other Information:

OMB should issue a memorandum to Deputy Secretaries, Chief Acquisition Officers, Senior Procurement Executives and Chief Information Officers reminding agencies of language in the FAR encouraging a broad range of permissible communications aimed at obtaining the best industry solutions to meet the Government’s needs. This includes, for example: * One-on-one communication with potential vendors prior to issuance of an RFP * Explanation of the difference between OCI issues (involving contractors being paid by the Government to help it with an acquisition) and voluntary, uncompensated pre-RFP communication between a range of potential bidders and the Government about the acquisition * The use of oral proposals and presentations to enhance the agency’s understanding of the proposed solution * Verbal negotiations and exchanges after proposals have been evaluated, including bargaining techniques aimed at obtaining an offeror’s best solution in terms of most efficiently satisfying the Government’s requirements * The importance of meaningful post-award debriefings in helping offerors improve their proposals for future competitions and reducing the number of protests filed for the purpose of learning the award rationale The above possibilities, and the advantages to the Government of making use of them, should also be emphasized by the Administrator of the Office of Federal Procurement Policy in discussions and interactions with Government officials. Specific elements of the FAR that should be covered in the memo include: * FAR 15.306, which expressly permits agencies to “bargain” with offerors. This “includes persuasion, alteration of assumptions and positions, give-and-take and may apply to price, schedule, technical requirements, type of contract or other terms of a proposed contract.” * FAR 15.306(d), which permits discussions to be “tailored to each offeror’s proposal” with the “primary objective [being] to maximize the Government’s ability to obtain best value.” Performance Measures - Performance measures for engagement, communication and collaboration include: * Costs associated with resolving issues and monitoring performance * Effectiveness of problem solving (time required, number of occurrences, etc) * Adherence to schedule and success in meeting milestones * More appropriate requirements/contractual provisions * Innovation, new efficiencies and productivity * Reduction in projects failing for same root cause * End user satisfaction

Stakeholder(s):

• OMB


• Deputy Secretaries


• Chief Acquisition Officers


• Senior Procurement Executives


• Chief Information Officers

Indicator(s):

Indicator:1

Content