Maximizing the use of Project Bioshield contracting opportunities

Abstract

This article explores the often complicated relationship between agency policymakers and the contracting officers that are charged with executing agency procurements. In particular, the article explores the role of the contracting officer in maximizing the use of streamlined contracting practices under the Project BioShield Act of 2004 (Public Law 108–276). Project BioShield, which is implemented through the Biomedical Advanced Research and Development Authority (BARDA) within the Department of Health and Human Services (DHHS), is designed to encourage procurement activity that protects Americans against a chemical, biological, radiological or nuclear attack. To do so, the Act permits the use of special streamlined contracting authorities, many of which are often unused or ignored by the contracting officers engaged in executing and administering Project BioShield procurements. This article argues that these contracting officers are bound to conduct their duties within the confines of overall agency policy, and they cannot use their contracting discretion to circumvent that policy. As a result, DHHS contracting officers are required to use the Project BioShield streamlined contracting methods. In order to assist the agency in encouraging the use of these procedures, this article also recommends techniques that BARDA can apply in order to encourage contracting officers to take advantage of these contracting opportunities and advance agency's policy with respect to Project BioShield. Drug Dev Res 70:234–238, 2009. © 2009 Wiley-Liss, Inc.