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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. 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. (Law Department review may be requested at lower values.).
- 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).
- Modifications to standard clauses.
- 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 assigned legal counsel’s review and approval).
- Debriefings (if a supplier is attending a debriefing with an attorney, assigned counsel should also be asked to attend, see Section 3-3, Provide Feedback).
- Business disagreements and decision letters to suppliers (see Section 7-4, Supplier Disagreement Resolution and 39 CFR Parts 601.107-109).
- Contract claims, disputes, and final decisions (see Section 2-41.8.2, Final Decisions on Contract Claims).
- Inquiries from a supplier’s counsel.
- Matters that may be of interest to the Board of Governors or the Executive
- Leadership Team (ELT).
- Inquiries from Congress or the media or requests (including Freedom of Information Act requests) for contracts from these entities.
- Contract terminations (see Section 5-13, Terminate Contract).
- Questions arising over taxes or the application of law (see Section 7-3, Bonds, Insurance, and Taxes).
- Any other instances when legal matters or matters of a sensitive nature arise.
Before communicating and issuing a final decision on a claim, the contracting officer should consult assigned counsel (see Section 7-7.1.17, Contract Disputes Act (41 U.S.C. 7101–7109) and 39 CFR Part 601.109 Contract Claims and Disputes).
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