Can DACs work in the same office as a contractor?

SFC Private RallyPoint Member — Tue, 07 Feb 2023 07:24:49 -0500

I work in a building with contractors and DACs. The DACs were told that if they are in an office with a contractor that they have to move to a different office without contractors. Is there are regulation or rule stating this?

Response by LTC Private RallyPoint Member made Feb 7 at 2023 7:45 AM

LTC Private RallyPoint Member — Tue, 07 Feb 2023 07:45:26 -0500

It's probably to avoid an organizational conflict of interest in the event the DACs are working on a requirement that the Contractors may end up bidding on.

Response by COL Randall C. made Feb 7 at 2023 9:39 AM

COL Randall C. — Tue, 07 Feb 2023 09:39:01 -0500

Two things you're talking about. Statutory law/regulation and organizational policy.

Law/Regulation - no prohibition.
Organizational Policy - Sounds like it, but you'd have to check the contracting policies of the organization. If there is any confusion, suggest you contact the COR/COTR (Contracting Officer's [Technical] Representative) in your organization. A backup to that would be your contracting ethics representative in your legal section (again, if you have one).

Across the board, there is no prohibition on DACs and contractors being together (again, there might be an organizational policy prohibiting it). I've worked side-by-side with DACs and contractors for a large part of my military career in about a half-dozen organizations. No issues with any of the three (military, DACs, or contractors co-habitating).

There are lots of laws/regulations detailing conflicts of interest and there are situational bars to DACs and contractors being in the same office, but these are just that - situational. For example, something that would would cause the appearance of an ethical issue such as a contractor in a room where he would have access to unsecured bid proposals.

Response by Lt Col Jim Coe made Feb 7 at 2023 12:20 PM

Lt Col Jim Coe — Tue, 07 Feb 2023 12:20:16 -0500

There’s a lot of “it depends” in the answer. I was a Contractor working for the DoD and later in life a DAC with contractors working for me. My experience shows:
-if the DACs are working on any type of contracting, then they should be in a different area than contractors. There’s an exception for Federally Funded Research and Development Contractors (FFRDC).
-if the functional supervision of the contractor workforce is needed then the DAC and contractors may, and probably should, share space.
-if facility constraints force the collocation of DACs and contractors then it’s permitted.
-if the cost of contractors working in government facilities is significantly less than the cost of the same workforce working at contractor facilities, then it’s usually desirable to take the lower cost option. This may require collocation with government employees

Response by SFC Casey O'Mally made Feb 7 at 2023 2:23 PM

SFC Casey O'Mally — Tue, 07 Feb 2023 14:23:29 -0500

COL Randall C. really hit the nail.

My experience with both is limited, but I can say for a fact that in my office in Afghanistan we had Active Duty, Guard, Contractors, and two civilians - one DA and the other DoD.

Of course, Intel makes for strange bedfellows sometimes.