Procurement nominee earns high marks from acquisition community

President Obama selected one of the most knowledgeable and even-handed government acquisition professionals to run the administration's procurement policy shop, contracting observers said on Monday.

Obama late last week formally nominated Daniel Gordon, deputy general counsel of the Government Accountability Office, as administrator of the Office of Federal Procurement Policy at the Office of Management and Budget, a position that has been vacant for more than one year. He still must be confirmed by the Senate.

Richard Loeb, a former acting deputy administrator at OFPP, said Gordon's experience in procurement law is virtually unparalleled in the federal government.

"This may be the best [OFPP] nomination ever in terms of basic background and knowledge," said Loeb, who now serves as an adjunct professor of government contracting law at the University of Baltimore School of Law. "He has a first-rate mind and his knowledge of procurement is outstanding. There will be no learning curve here."

A career civil servant, Gordon has spent 17 years with GAO, including a stint from 2000 through 2006 when he ran the agency's procurement law division, which adjudicates bid protests.

He previously worked in private practice and clerked for the U.S. Court of Appeals for the District of Columbia. Gordon holds degrees from Harvard Law School and Oxford and Brandeis universities, but friends and colleagues describe him as modest and unpretentious.

"Dan is a career contracting professional who understands that the top goal of our procurement efforts is to use taxpayers' dollars smartly and effectively -- that we get the most value for every dollar we spend," said OMB Director Peter R. Orszag in a blog post on Friday. "Dan will bring a fresh approach to procurement policy, but he also will rely on the expertise of the career procurement workforce to improve our procurement processes."

Gordon's nomination must be approved by the Senate Homeland Security and Governmental Affairs Committee, which is chaired by Sen. Joseph Lieberman, I-Conn. "Mr. Gordon is a skilled and thoughtful attorney with extensive experience in procurement law, and Senator Lieberman hopes the committee will move quickly to consider Mr. Gordon's nomination to this important position," committee spokeswoman Leslie Phillips said.

In addition to his position at GAO, Gordon teaches a contracting course at The George Washington University Law School, where he serves as an adjunct professor.

"He is very popular with the students because he makes concepts understandable and engages in thoughtful conversation," said Steven Schooner, an associate professor of law and the co-director of the university's government procurement law program.

Established by Congress in 1974, the Office of Federal Procurement Policy has a unique role advocating for the government's acquisition workforce while also providing contractors with the tools necessary to do their job more efficiently and effectively. The office helps formulate and coordinate acquisition legislation, manages the governmentwide procurement data system and oversees the direction of federal acquisition policies. Procurement regulations, however, are developed by the FAR Council, which the OFPP administrator chairs. The administrator has a staff of fewer than 20, which some observers note might need to be augmented in the coming years.

During the administrations of presidents George H.W. Bush and Bill Clinton and the early years of George W. Bush, the office maintained a high profile, leading several major reforms, including streamlining the acquisition process, increasing the use of small businesses and expanding public-private competitions. But, in recent years, the office has remained under the radar, with most major policy initiatives driven by OMB's deputy director of management. It also has been criticized as overly concerned with the interests of contractors.

"Dan represents the possibility that OFPP will become a professional office, rather than merely a business liaison's office," Loeb said.

While Gordon's background is in oversight and law, industry officials do not appear concerned that OFPP will become unfriendly to the private sector. Stan Soloway, president of the Professional Services Council, a contractor trade association, said Gordon can actually bridge the sometimes lengthy divide between oversight and industry.

"Dan is one of the most decent human beings you will ever deal with it," Soloway said. "He is straightforward and you can have an open discussion with him. … This is not a guy who has it out for industry."

Larry Allen, president of the Coalition for Government Procurement, another contractor trade association, said Gordon was a sound pick, but cautioned most procurement chiefs have little leeway to implement their own agenda. "They've basically been given a set of priorities to carry out from higher up the food chain," Allen said. "I would certainly expect this to continue on some level."

If confirmed, Gordon will face a daunting to-do list. He will be responsible for implementing recent memorandums focusing on improving the acquisition system, managing the multisector workforce and improving the accessibility and use of information on contractors' past performance.

Gordon also must ensure agencies meet the administration's goals of finding a combined 7 percent savings in their contract spending during the next two fiscal years and of cutting by 10 percent their sole-source, cost-reimbursement and time-and-materials contracts. The administration expects to save $40 billion annually through these initiatives.

Allen said he would like to see Gordon begin reining in the growth of multiple award contracts. "That's very important to streamlining and transparency," he said.

Schooner, meanwhile, said Gordon's top priority should be improving the size, training and skills of the acquisition workforce. "You can't fix any other problem without rebuilding the acquisition workforce," he said.