Standard: Open access

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But fear of these kinds of allegations should not limit the competitive process. In the final analysis, every public official has to strike a balance between "openness" and "integrity." They have to use whatever tools are reasonably available to ensure that they are issuing an RFP that will result in best value for their constituents. This article merely suggests a possible standard that they and their colleagues may choose to adopt.

We believe an "open access" policy fosters the most productive competitions and contracts between the public and private sector while providing a balanced approach to all vendors. It allows public officials to not just obtain the best value but also obtain the best value while preserving the integrity of the procurement.

• Read the "Federal-level procurement guidelines" sidebar to learn about FAR's implications for balancing the dual goals of "openess" and "integrity."

About the authors

Paul J. Campbell has public sector experience as a Federal Agent investigating contract fraud and as District Attorney and Chief Purchasing Officer for the State of Illinois.

Richard Rector chairs DLA Piper's Government Contracts practice and focuses his practice on federal, state and local procurement issues.

End Notes

1. See, e.g., Federal Acquisition Regulation (FAR) 1.102 ("The vision for the Federal Acquisition System is to deliver on a timely basis the best value product or service to the customer, while maintaining the public's trust and fulfilling public policy objectives.")

2. See, e.g., FAR 1.102-2(c). See also American Bar Association (ABA) Section of Public Contract Law, Principles of Competition in Public Procurements, www.abanet.org/contract/admin/poc.html (setting forth 10 principles of competition in public procurement, including that "all parties involved in the acquisition process must participate fairly, honestly, and in good faith.")

3. FAR 1.102-2(c)(1).

4. ABA Section of Public Contract Law, Report to Accompany Principles for Resolving Controversies in Public Procurements, www.abanet.org/contract/admin/roc.html ("A hallmark of public acquisition is an 'open' contracting process in which the business of public entities and their contractors is conducted, to the maximum extent practicable, using processes that are subject to public scrutiny.")

5. See 5 U.S.C. § 552 et seq. (providing public access to information of the federal government, subject to certain exemptions and limitations); Model Procurement Code for State and Local Governments §1-401, cmt. 1 ("The purpose of this provision is to achieve maximum public access to procurement information consistent with appropriate consideration of safeguards for contractors and employees.") See also ABA, Principles of Competition in Public Procurements, note 3 supra (stating that public entities should provide "maximum public access to procurement information consistent with the protection of trade secrets, proprietary or confidential source selection information, and personal privacy rights.")

6. ABA, Principles of Competition in Public Procurements, note 3 supra.

7. NASPO State and Local Government Purchasing Principle and Practices, 2008.

8. NASPO State and Local Government Purchasing Principle and Practices, 1997.

9. FAR 1.102-2(d).

10. Kelman, Steve, "Agencies Should Not Fear Talking To Contractors," Federal Computer Week, Feb. 17, 2010.