Assignment details are attached. You are roleplaying as a Government Contracting Officer (KO) and have to write a memo to counsel based on the fact pattern in page 2 of the assignment.
Government Contract Law – MN3312 – Memo to Legal Counsel – Fall AY2021 ASSIGNMENT: DRAFT DUE 12 November 1800h/ FINAL DUE 25 November 1800h You will place yourself in the role of the KO in the following Fact Pattern. Faced with a “situation,” you seek legal counsel via a memorandum. You write that memo according to this outline. To: Legal Counsel From: LastName, FirstName Re: Legal Advice Urgently Requested The Facts: [here you re-cap the relevant and material facts as succinctly as possible] Additional Facts That Would Be Valuable to Know: Facts I Assume in Analyzing this Situation: [here you make assumptions about the facts you don’t know in order to conduct a hypothetical analysis] Questions/Issues Raised & Law/Regulations Involved: My Suggested Resolution: The Rationale for My Suggested Resolution: Please advise what course of action you recommend at your earliest opportunity. ------------------------------ That’s it—nothing more, nothing less. Your memo will likely be between 3 and 5 pages --- BUT, no more than 5! Submit the WORD document to my email with this file name format WORD file format: (NOT pdf, NOT powerpoint – WORD) GCL.Fall.AY2021.MemoToCounsel.LastName.FirstName FACT PATTERN: Mobilization Command in Kansas City, MO was on the base realignment and closure (BRAC) list, which meant it would be shutting down in approximately one year. Due to this action, personnel were not getting back-filled as they PCS-ed, retired, or left service, creating a gap in manpower for daily tasks. Therefore, to keep the base running this last year, the KO was instructed to contract out the handling of vehicle maintenance, landscaping, and building security. The KO decided that since he was also short staffed and to save time and money, and improve efficiency, he would make the request for proposal (RFP) cover all three identified areas instead of splitting up the contracts individually. When he received the bids, he found that reputable local companies did the following: The Sodfather Landscaping only bid on the landscaping portion at a cost of $75,000; Otto’s Auto only bid on the vehicle maintenance at a cost of $125,000, and Jack’s Mall Cops Corporation only bid on the security aspect at a cost of $200,000. Only one company (A-Z Family Industries) bid on the entire contract at a cost of $300,000. A-Z Family was a newly established small business; therefore, it had no references. It was a family-run company that had no prior experience with government contracts but stated it had been cutting grass, shooting guns, and fixing trucks for decades. A-Z Family’s bid came in at $300,000, 25% less than when the other three contractors’ portions were added together, a value savings that the KO chalked up to economies of scale. Since it was the only bid that met the entire RFP and since it was the cheapest, A-Z Family was awarded the contract. Two months into the contract, the KO noticed that the grass was getting unruly, vehicles kept breaking down, and there had been a rash of missing equipment lately. Billy Bob, the A-Z Family owner stated that it had been a wet spring, that the vehicles weren’t being driven as much leading to fuel problems, and that he had no control over thieves’ actions. In fact, on the security side, he stated he was simply responsible for base personnel security not equipment security as that’s what the CO told him to focus on. Billy Bob stated that the contract didn’t specifically establish performance metrics and that he thought he was doing a good job within scope, but that he would talk to his cousin Leroy who had recently done a security stint of his own up the road at Leavenworth and would try to do better. The KO pondered how he got here and what actions he should take next, so he decided to seek advice from Legal Counsel.