WHAT’S A CONTRACTOR TO DO WHEN FEDS DON’T FOLLOW THEIR OWN RULES?

Contractors are drilled consistently on the need to be compliant with government acquisition rules.  With good reason, too.  Failure to follow the rules can result in fines, penalties, suspension or debarment, and a tarnished reputation.  Federal agencies aren’t always strict adherents to their own rules either, though.  This can be exceptionally frustrating for contractors that do pay attention.  Further, while companies may be able to protest or dispute questionable actions, doing so takes time and money.  Many companies are hesitant to make such investments, especially when they add the potential risk of upsetting a customer that could give them future business into the mix.    While federal contractors do need to consider all aspects of a given situation, they absolutely should stand up and take proper action when a government agency’s failure to follow its own rules results in improper awards, extra costs, or unfair competition.  Companies have just as much of a right to protect their investments from improper decisions as the government does when contractors flout the rules.  This doesn’t always mean taking the protest or dispute routes, though they can certainly be beneficial.  Sometimes elevating a discussion inside the agency to an official who has a fresh perspective can bring about needed changes.  Remember that a government agency isn’t always thrilled to have to defend a protest or, especially, explain a significant goof up to an IG, GAO, or Congressional oversight committee.  “Cooler heads” can sometimes prevail and achieve an outcome satisfactory to all.  No contractor should just sit by while a federal buyer openly does the wrong thing.  Not only is it your business, but it’s also your tax dollars that are at risk.