Pending actual courtroom litigation (which in all actuality is pretty rare, considering), I don’t think that there is really ever a time that you cannot talk to your contracting officer. Even during an active RFP or source selection you can talk to them. Sure, it is a little trickier for a Contracting Officer (CO) because we have to make sure everyone has the same information and no one gets an unfair advantage. So you may not get a response, and if you do, the Q & A might be published for all to see… But that isn’t really a valid reason to be afraid of or to avoid talking to the CO. You must be smart about what you ask during those times, but communication is possible.

Ok, outside that touchy timeframe, make your CO your friend. (We are just people too!) If you communicate regularly with your CO, you are establishing a relationship with that person. You’ve probably heard dozens of times in this blog or in the podcast that relationships are important. (Favoritism is different, so don’t get too spun up over that comment, just understand that a good working relationship with your CO cannot hurt.)

If you are running into a problem with performance on your contract, or think that you might, talk to your CO; we may be able to help avoid or mitigate the issue altogether. If you do end up with a problem that impacts the contract, negotiation of the resolution will likely be much easier and less ‘painful’ if your contracting officer is aware up front. Trust me, your CO wants you to succeed as much as you do. Think about it, performing a flawless contract makes the CO’s life much easier. We don’t want to issue Show Cause Letters, Cure Notices, Terminations, more negotiations, and maybe even a re-solicitation. All of those spell work; W-O-R-K. Personally, I like to do things once and be done with it. Your CO is better positioned to help you the earlier they are involved.

You don’t have to limit your talks with your CO to problems. Reach out every now and again and ask about projects or programs that are coming down the pipe. If they are at liberty to discuss, and it is something you may be interested in, they probably will. If not, are you any worse off than if you didn’t ask? There is NOTHING that says there can’t be communication. In fact, COs are encouraged to talk to industry and involve them in the acquisition process.

One thing I hear all the time from industry is that it is a problem talking to their contracting officer for an existing contract when there is an ongoing solicitation or source selection. You are 100% able to talk to your contracting officer (and them back with you) for your existing contracts. Think about it this way: If every contracting officer stopped all their other work while they had an open solicitation, they would never get any work done. Your existing contract is a separate and distinct entity, and you have every right to discuss that contract with your contracting officer at any time.

You want to read more about what the contracting office cannot talk about and when? Take a quick look through FAR 3.104 – Procurement Integrity. I think you’ll see that most of these things fall under the realm of common sense and good business practices and ethics. Use good judgment when asking your questions.

So, don’t delay, talk to your CO today.