I will ask the same question, but in a different way.
Would the fact that the agency has the option to consult the organization in question instead of being obligated to do so, while maintaining a procedure that already exists in case a consultation would not be held, really hurt the process? The agency may have its reasons for not doing the consultation. The reasons may be related to confidentiality or to its operations, regardless. The agency's decision not to do the consultation and be freed from that legal obligation does not interfere with its smooth operation.