Understanding Government Contract Law

Chapter 1The Contracting Officer as Judge

CONTENTS

A “Fair and Reasonable” Judge

Three Simple Rules for Always Being Fair and Reasonable

Being Fair and Reasonable in Awarding a Contract

Being Fair and Reasonable in Administering a Contract

An “Independent” Judge

According to FAR 1.602-2(b), a contracting officer is supposed to

“Ensure that contractors receive impartial, fair, and equitable treatment.”

This FAR provision adds black robes to the contracting officer’s wardrobe. It makes the contracting officer a judge. A judge’s decisions should be fair and reasonable, and they should be reached independently—without bias or pressure from someone else.

So in this role, the contracting officer is not supposed to narrowly advocate for the government: ...