One of the most important aspects of being a contracting officer (CO) charged with serving a specified customer (government agency) is the critical understanding of customer service. A contracting officer must be service-oriented and in tune with the needs of a given customer (or as we call it, requiring activity), but must also adhere to the laws and regulations that govern this profession. That is a fine line to walk, and typically only comes after years of experience and growing pains.
I say pains, because most customers have no clue about the various laws and regulations we must follow, or they have enough superficial knowledge to be truly dangerous. Also, customers frequently outrank the poor CO, but lack the warranted procurement authority. So they cannot tell the CO to “just do it,” but they can make life very uncomfortable for that CO, and his or her supervisory chain. As such, savvy COs learn to turn the customer’s desires into achievable, realistic requirements. By achievable, I mean “legal and necessary,” insofar as the bona fide need rule and prohibition on “gold-plating” are concerned. (Most COs have plenty of experience with the customer that wants all the bells, whistles, and shiny accoutrements, when the true requirement is for a widget that simply does X, Y, and Z.) The CO reinterprets the requirement by cautiously avoiding terms like “we can’t do that,” or “that’s against the law,” and instead researches and articulates methods to achieve the actual objective that are legally and fiscally compliant.
In these cases, the wise CO assures the requiring activity that, while the customer’s desired method cannot be used, the procurement can be conducted in a more suitable way. In simple terms, this practice is called “Getting to Yes.” New COs are warned against saying “No” to the customer, and urged to instead say “While that way will not work, here is how we can do it.” With this technique, the customer’s ultimate goal is achieved, without unnecessary and counter-productive arguing. Of course, the CO must have sufficient knowledge of how to get to “Yes”, as well as be able to articulate it calmly and sensibly. At the end of the day, the CO works for the US taxpayer, and cannot in good conscience break any law or deviate from the FAR without proper authority. So the CO will win the argument, but the effort could be very costly in terms of relationships and general cooperation with that customer, and any others involved. As such, it’s far preferred to spend time and effort “Getting to Yes” without breaking the law.
And as one gains more knowledge and familiarity with the FAR, he or she will grow to appreciate the flexibility and opportunities that the FAR provides (thanks to several iterations of acquisition reform in the last 20 years). In general, if something is not specifically prohibited by the FAR, then it is permitted; up to the limits of the warrant authority of the CO. So there may be some institutional inertia and friction that must be overcome, but after those bureaucratic hurdles are overcome, the innovative CO possesses an abundance of latitude in completing a procurement. Thus, “Getting to Yes” is rarely as difficult as it may first appear.