FDA Takes End Run to Award Contract to PR Firm

Goldberg discussed the project with Dunn, a business consultant working with Qorvis, e-mails show. They decided to arrange for Qorvis to come into the project through ANI, the Alaska newspaper company, which runs several weeklies and a small public relations office.

Dunn, who works for a firm called Red Team Consulting, told The Post he had experience with the set-aside rules for Alaska Native corporations because he had worked for one as chief operating officer. Dunn, Qorvis and ANI had all worked on a $29 million Army National Guard marketing contract in 2007.

"They're a go if you like," Dunn wrote to Goldberg in an Oct. 18 e-mail that was forwarded to Cooper. "I have a call with ANI on other [matters] in a few minutes. I'll call you right afterward."

Cooper asked Goldberg the next day: "Could you please tell me what ANI stands for or what the Web site is?"

That same day, Cooper sent a note to Jane Peterson, an administrator in the FDA chief of staff's office: "It is possible that Qorvis Communications can execute the program as a sub-contractor to Alaska Newspapers Inc. -- which would be the primary contractor."

Peterson declined to be interviewed by The Post.

Other e-mails show that Cooper apparently allowed Qorvis to tailor terms of the contract known as the scope of work.

On Dec. 6, Cooper e-mailed Goldberg: "I am working on a draft scope of work that would be helpful for you to review." After Cooper sent the draft to Goldberg, he edited it and added details. "Mildred -- take a look at the deliverables I added to the end of the document and see what you think," he wrote.

Goldberg also e-mailed two memos to Cooper "essentially setting out the process for making this award to ANI and Qorvis." The memos cited federal regulations and exemptions that might allow the FDA to give the contract to ANI and then direct the work to Qorvis.

Two weeks later, Cooper forwarded the memos to Peterson. "I know you are swamped with emails but just want to keep this on the radar screen," Cooper wrote, signing off with ":-)."

Up to then, no one from ANI appeared to be a part of the contract discussions, according to the e-mails. On Feb. 13, Goldberg forwarded a note to Cooper from "the ANI team contact." That day, the contact, Washington public relations veteran Aaron Guiterman, wrote to Goldberg, Qorvis and ANI that "the most likely next step with the FDA is for ANI to submit a proposal."

In a brief interview, Guiterman said he was not permitted to speak about the contract.