What should a Contracting Officer do if higher leadership's direction contradicts legal guidance?

In situations where the direction from higher leadership contradicts legal guidance, the most judicious action for a Contracting Officer is to check for discretion and discuss it with supervisors first. This approach emphasizes the importance of ensuring that decisions are made within the legal framework while also recognizing the responsibilities that come with leadership directives.

By seeking to clarify the situation through discussion, the Contracting Officer opens a dialogue that may reveal options for adhering to the legal standards while still addressing leadership's concerns. This discussion can also provide an opportunity to assess whether the higher direction can be adjusted to align with legal requirements or to explore alternative solutions that satisfy both legal obligations and leadership priorities.

Consulting with supervisors fosters a collaborative environment and could lead to guidance that takes into account both the legal aspects and the leadership's strategic goals. This method protects the integrity of the contracting process and helps ensure compliance with the law, while still respecting the chain of command and the directives from senior leadership. This proactive engagement sets the stage for informed decision-making rather than acting in isolation, which may lead to potential legal repercussions or conflicts.