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Frequently, a representative of the Law Department is a member of the purchase/SCM team, providing legal assistance and guidance throughout the supplying process. The role of assigned counsel is an important one, and the Law Department can play an important role in a number of supplying-related areas. Depending on the nature of the purchase, and without regard to whether the Law Department is represented on the purchase/SCM team, the contracting officer or the purchase/SCM team should consult assigned counsel as to the following:
- Purchase plans, solicitations, best value decisions and contract award recommendations for purchases valued at $5 million or more.
- Purchase plans, solicitations, best value decisions and contract award recommendations for any purchase of a sensitive or highly visible nature (for example, if a solicitation or contract may result in an organizational conflict of interest).
- Ethics considerations, including potential conflicts of interest and post-employment matters.
- Nondisclosure agreements (the agreement should be obtained from the Law Department and may not be changed without the Department’s review and approval).
- Debriefings (if a supplier is attending a debriefing with an attorney, assigned counsel should also be asked to attend, see 3-3, Provide Feedback).
- Business disagreements and decision letters to suppliers (see 7-4, Supplier Disagreement Resolution).
- Inquiries from a supplier’s counsel.
- Matters that may be of interest to the Board of Governors or the Executive Committee.
- Inquires from Congress or the media or requests for contracts from these entities.
- Contract terminations (see 5-13, Terminate Contract).
- Questions arising over taxes or the application of law (see 7-3, Bonds, Insurance, and Taxes, Insurance, and Taxes).
- Any other instances when legal matters or matters of a sensitive nature arise.
Before issuing a final decision on a claim, the contracting officer should consult assigned counsel (see 39 CFR 601.109).
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