It never ceases to amaze me how some people never mature past the schoolyard. Sadly, even in the world of Federal Contracting, you will encounter individuals who try to flex their muscles with intimidation tactics.
One such incident happened to me while working for a services contractor. I’d like to share what happened, how I handled it, and whether you should be concerned if it happens to you.
If you’ve worked in federal government contracting, you know many projects are listed on bidding sites. Some are open for bid as RFPs (Requests for Proposals), while others begin as RFIs (Requests for Information). Contractors can add their names to an Interested Parties list to stay updated as the government buyer gathers information.
After adding my name to one such construction project posted as an RFI, I received a letter in the mail from the III FFC. According to their website, the III FFC is “a nonprofit construction industry foundation, established to increase market share for responsible contractors, work opportunities for skilled craftworkers, and value for taxpayers by executing a comprehensive program of procurement oversight, jobsite monitoring, market analysis, and public policy education.”
The letter—which I’ve linked for you if you’d like to see it—essentially stated that if my company won the project, the III FFC would be monitoring our work very closely. In short, it was an intimidation tactic designed to make my Georgia-based company think twice about bidding for a project in Illinois.
Here are the facts:
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This was a federal government project.
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Without holding a federal government contract of their own, the III FFC had no jurisdiction to monitor any federal project sites.
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Interfering with the federal bidding process is prohibited under the Federal Acquisition Regulation (FAR).
Here’s how I responded: I contacted the federal buyer listed on the RFI and explained that the III FFC was sending intimidation letters to all companies on the Interested Parties list. I also emailed the III FFC directly, letting them know I was aware they had no authority over federal project sites—and that I had informed the federal buyer of their actions.
This happened years ago, but to this day, you can still check FPDS and confirm that the III FFC has not held any federal contracts to monitor or govern construction projects.
Takeaway: If you ever receive intimidation letters after joining an Interested Parties list, pause before panicking. Verify whether the so-called “governing organization” has actual jurisdiction. If they don’t hold federal contracts, notify the federal buyer so they’re aware of the interference.
Happy bidding, everyone!
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