Although, in my opinion, the procurement may not represent optimal decision making and appears contrary to policies established by Congress, I am not surprised by the outcome. I attempt to impress upon my students that, as future lawyers, just because they can get away with something does not necessarily mean that it is a good idea. In the procurement community, it seems that this common sense message was drowned out by the most radical 1990s reform advocates. Although conceptually valid and innocuous on its face, this message must remain tempered. This message plays out in the constantly evolving relationship between program managers and contracting officers.
Program managers define requirements based upon missions they are tasked to achieve.
Government buyers should have every motive to please their customers. Accordingly, it seems natural that government buyers might disregard the policies to achieve greater customer satisfaction. As a general rule, this makes sense. Customer service comes first, Congressionally mandated procurement policies finish second. But it is not enough for our procurement professionals to focus on satisfying the program manager or the end user.