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CLC 106

VIEWS: 405 PAGES: 304

									Contracting Officer Representative
      with a Mission Focus
             CLC 106
                                      Contracting Officer’s Representative Training
                                      Introduction
Welcome to the Contracting Officer’s Representative Training Module!
   Click on the play button (right pointer) below to listen to a three-minute
   introductory audio presentation welcoming you to the Contracting Officer
   Representative Training module.

   A COR is a Contracting Officer Representative and is sometimes also known
   as a COTR (Contrating Officer’s Technical Representative, QAR (Quality
   Assurance Representative), TOR (Task Order Representative) or many other
   acronyms. COR’s are delegated in writing from the Contracting Officer to
   specific duties. These duties almost always entail surveillance and             See Text of audio
   assessment of contractor performance and involvement in contract
   payment, although many other tasks may be delegated. Individuals                on next slide
   assigned as COR’s must act within the limits of their authority as delegated
   by the contracting officer.

   As a current or future Contracting Officer's Representative (COR), it is
   important that you be provided with the training that you need to excel.
   During the various situations that you will find yourself as a COR, you need
   to be able to effectively apply legal concepts, federal statutes, and various
   regulations; capitalize on the benefits of teamwork; and carry out your
   responsibilities using sound business judgment so that the best interests of
   the Government
                                                                                        Page 1 of 11
                                     Contracting Officer’s Representative Training
                                     Introduction
                   Welcome to the Contracting Officer’s representative course.

We are all becoming aware of our increasing reliance on service contracts to deliver mission essential
  services and the importance of proper Performance Assessment and Contract Administration in
 ensuring the maximum return on our contract dollars. The COR plays a critical role in affecting the
 outcome of the performance assessment contract administration process. In fact, the COR often is
   the deciding factor in whether or not a contract is successful. Frequently, the main focus in the
 acquisition cycle is on contract placement, overlooking the vital role of post-award administration.
 Each tax dollar that supports our contracts is spent wisely only when you, the COR, ensure that we,
                the Government, receive the value the contract entitles us to receive.

   The purpose of this course is to provide the necessary knowledge and tools that will assist you in
      carrying out your role throughout the acquisition process. Remember, successful contract
   administration can only happen through the combined efforts of the procurement, program, and
 financial offices. As you perform your duties, keep in mind that it is imperative that you understand
                     your role and then carry out that role to the best of your ability.

   There are different phrases to describe a Contracting Officer’s representatives. Titles include:
Government Technical Representative (GTR), Quality Assurance Evaluator (QAE), Contracting Officer’s
Technical Representative (COTR), and Government Technical Evaluator (GTE). For the purpose of this
           course, we will be using the title, Contracting Officer’s Representative or COR.
                                Contracting Officer’s Representative Training
                                Introduction

Module Objectives

After completing this module you will be able to:
     • Identify the parts of the acquisition process
     • Compare and contrast the authorities and roles
     assigned to the COR
     • Identify how to effectively assess contractor
     performance
     • Outline the essential elements of contract
     administration
     • Demonstrate how to effectively plan for an acquisition
     • List the procedures involved in executing the
     acquisition




                                                                        Page 2 of 11
                               Contracting Officer’s Representative Training
                               Introduction

DAU Community References

During this course, you will be provided various references that reside at the DAU
Community of Practice website for CORs. These tools will provide assistance in
performing your COR functions. This course requires you to register as a Community
of Practice member on DAU's Acquisition Community Connection website. Your
membership will allow you to access information that is useful and important in
successfully completing your assignment.




                                                                              Page 3 of 11
                                Contracting Officer’s Representative Training
                                Introduction
Technical Requirements

Before you start the module, there are a number of functions which
you should be aware of in order to successfully navigate the module
and ensure that it runs properly.

Be sure that your browser has the appropriate plug-ins. This course
requires the following plug-ins:

•Windows Media Player
•Adobe Reader

If you need to download either of the plug-ins, select the
appropriate download link above.




                                                                        Page 4 of 11
                                 Contracting Officer’s Representative Training
                                 Introduction
DAU Course Navigation

In this course you will access each lesson
using the left navigation column (Table of
Contents.)

The orange circles, Harvey Balls, track your
progress in completing each lesson.

At times you may notice a slight delay
between the time you complete a lesson
and when the Harvey ball shows that your
lesson is complete. This should, however,
change once you access another lesson or
the next time you log into the course.

You will become very familiar with this
type of navigation as you enroll in courses
at Defense Acquisition University (DAU).
                                                                         Page 5 of 11
                               Contracting Officer’s Representative Training
                               Introduction

Navigating the Module
Navigating through the Contracting Officer
Representative Training module is easy. A
Back and Next button, located in the lower
right corner of the page, will be your
primary means of navigating. Selecting the
Next button advances to the next page in
the lesson and the Back button returns to
the previous page.

Additional information is often accessible
through blue hyperlink text or through a
graphic hotspot or buttons. They open in a
pop-up window or advance you to another
page or web site.




                                                                       Page 6 of 11
                                 Contracting Officer’s Representative Training
                                 Introduction

Graphics

The Contracting Officer Representative Training module meets Government standards for
access by people with disabilities. To fully meet these requirements, a text alternative
must be provided for all graphics. Because it is read aloud by their screen reader, the text
alternative enables individuals with visual impairments to obtain information that is
provided in a graphical manner.

You will encounter two forms of alternative text in the module
    • Alt tag
    • Long Descriptions - provide detailed text description of a graphic and accessed
    through the D-link



                              Americans with Disabilities Act
                                      Section 508



                                                                                  Page 7 of 11
                                 Contracting Officer’s Representative Training
                                 Introduction

Exercises or Interactions

This module contains:
•Knowledge Checks or Reviews - these consist of
True/False, multiple choice, and fill in the blank
exercises.
•Application Exercise - the student reads a
scenario and is asked to respond to different
questions based on the scenario.
•A Final Exam




                                                                         Page 8 of 11
                               Contracting Officer’s Representative Training
                               Introduction

Getting Help

If you need technical help with the courseware, you may contact the DAU Help Desk at
dauhelp@dau.mil, or at 1-866-568-6924 (toll free) or 703-805- 3459 (commercial).




                                                                              Page 9 of 11
                                Contracting Officer’s Representative Training
                                Introduction

Introduction Video

Click on the play button (right pointer) below to view a four-minute video that will
introduce you to the world of the COR.




                                                                                Page 10 of 11
                                     Contracting Officer’s Representative Training
                                     Introduction

Lenny - Come in John. I'd like to discuss a new opportunity with you about expanding your
contributions to our organization. Let me introduce Alex, the Contracting Officer on our new range
maintenance contract. John, you've been an engineer with our organization for several years and have
the technical engineering skills necessary to understand how our systems operate and the importance
of our mission. You know Walt Sam is retiring early next year, and with your knowledge and
background I would like you to consider becoming the new Contracting Officer’s representative for
our range maintenance contract. Alex can fill you in on the details of what is expected from a
Contracting Officer’s representative.

Alex - Hello John, I'm glad to have this opportunity to meet you because a Contracting Officer’s
representative is a key player in the whole acquisition process. You become my eyes and ears in
overseeing, documenting and reporting on the daily performance on this contract. Lenny speaks very
highly of your technical knowledge and abilities, which are two of the basic requirements for being
nominated to be a Contracting Officer’s representative. I see you already meet another Contracting
Officer’s representative requirement because I can see your government ID. I am sure you already
know that only government employees can be Contracting Officer’s representatives. One thing you
should know is that Service Contracts are receiving a lot of attention these days because they account
for over half the contract dollars that the government spends each year. That’s almost 80% if you
exclude major systems. The government increasingly is reliant on contractors providing key mission
support services such as our range support contract. We are about to award this new contract and
would like you to attend the post-award conference.
                                      Contracting Officer’s Representative Training
                                      Introduction

If you accept becoming the Contracting Officer’s representative then you will be an acquisition team
member responsible for monitoring contractor performance. You can contribute your knowledge at
critical points through the contract administration phase of the acquisition and also assist in the pre-
award phase for the follow-up contract. Don't worry, that won't happen until we start planning for
the follow-on contract. Let’s talk more about the post-award conference or orientation
meeting. Soon after contract award, the two of us, our contract specialist, and some other selected
members from the acquisition team will meet with key contractor personnel to discuss the plans and
expectations in administrating the contract. The goals of the post award orientation are clarification
and cooperation. It is for both the contractor and the Government to determine how to work
together to reach their common goal of successful completion of the contract. This meeting might
discuss things like…

John – Hey wait, this is all coming too fast! Where can I find out about what a Contracting Officer’s
representative duties and responsibilities are?

Alex – Glad you asked. DAU has an online course that can provide you the foundation of knowledge
you'll need to be an effective Contracting Officer’s representative. Of course, we will still provide you
with the details of your duties that related to this specific contract, because Contracting Officer
representatives duties are contract dependent and vary depending on the type of contract or type of
work required. I'll give you time to complete the course during work hours, so take the course and
then tell me if you're ready to accept the challenge of becoming our new Contracting Officer’s
representative.
                             Contracting Officer’s Representative Training
                             Introduction


                  You have completed the content for this lesson.
     To continue, select another lesson from the Table of Contents on the left.
If you have closed or hidden the Table of Contents click the View Table of Contents
                           button at the top in the Atlas




                                                                            Page 11 of 11
                                  Contracting Officer’s Representative Training
                                  Acquisition Process Overview
Lesson Introduction and Objectives

   What we buy through the government's acquisition process is about as
   varied as one can imagine. Ships, tanks, airplanes, buildings, research
   and development, shoes, food services, uniforms. Just about anything
   you can think of passes through the acquisition process. As simple or
   complex as the supplies or services are, the process is very similar for
   anything we buy. But no matter what the Government is buying, there
   remain three essential elements to the process. They are planning,
   executing, and assessing.
   The objectives for this lesson are to:

        • Identify the three phases of theacquisition process
        • List the components of an effective acquisition team




                                                                              Page 1 of 16
                                 Contracting Officer’s Representative Training
                                 Acquisition Process Overview
Welcome to the Contracting Officer's Representative Training Module!



                                Click on the play button (right pointer) below to hear an
                                audio presentation (less than one minute) on the
                                Acquisition Process.




        Audio File
        I'm glad you decided to become my COR but before we discuss what
        your new responsibilities will be, it’s probably a good idea for us to
        review the overall acquisition process.

                                                                                 Page 2 of 16
                                  Contracting Officer’s Representative Training
                                  Acquisition Process Overview
The Phases of the Acquisition Process
Mission Support Planning
The whole process starts with a mission requirement for a
supply or a service that can not be met from internal
resources.
Converting this mission requirement to a written
requirements document is part of the mission support
planning process. This process takes the mission
requirements and shapes them into a requirements
document that can take many shapes such as a
performance work statement, performance specifications,
statement of objectives or statement of work that defines
the performance outcomes desired. We review what is
available in the market place through market research to
determine if this capability is available in the commercial
market place or must be developed from scratch,
determine if small business can support the requirement
and identify commercial market business practices.
                                                                         Page 3 of 16
                                 Contracting Officer’s Representative Training
                                 Acquisition Process Overview
The Phases of the Acquisition Process (continued)

Other decisions are made during the Mission Support Planning phase, such as (click on the
buttons):
DECISION            Capturing our performance requirements in a document that industry
                    can understand and support.

DECISION            Identifying potential sources.

DECISION            Determining if the requirement can be met with a commercial item

DECISION            Identifying small business supplier opportunities.

DECISION           Leveraging the best contracting approaches to deliver the Best Value
required by our acquisition regulations.

If you want to learn more about this phase of the process consider enrolling in CON 110,
Mission Support Planning offered by the Defense Acquisition University (DAU). Registering
for this online course, as well as other courses mentioned, can be done by accessing our
DAU website at: http://www.dau.mil/registrar/
                                                                                 Page 4 of 16
                                  Contracting Officer’s Representative Training
                                  Acquisition Process Overview
The Phases of the Acquisition Process (continued)
Mission Planning Execution
Once the requirement has been defined, the acquisition
planning finalized and funding issues resolved we're ready
to execute our planning. This process involves developing a
solicitation which explains to industry our needs and
receives their proposals that state how they plan to meet
those needs. We, in turn, review and evaluate their
proposals and make an award determination based upon
the evaluation criteria cited in the solicitation.
The award determination can be based on low price, low
price technically acceptable supply or service or on a
tradeoff basis which allows the government to consider
technical factors in addition to price in making a best value
decision. Award of a contract completes the execution
phase. However, this phase may be delayed if contract
award results in a protest. If you want to learn more about
this phase, enroll in CON 111, Mission Planning Execution
offered by DAU.
                                                                         Page 5 of 16
                                   Contracting Officer’s Representative Training
                                   Acquisition Process Overview
The Phases of the Acquisition Process (continued)
Mission Performance Assessment
The final phase is usually the longest part of the process because
service or production contracts can last five years or longer. This is
the phase in which the COR typically becomes heavily involved in
the contract. During this time the COR's key role is to observe,
document and communicate contractor performance both to the
Contracting Officer and the contractor.

This part of the process involves two related functions: assessing
contractor performance and administering contract requirements
such as invoicing and payments. Managing these two functions is
essential to ensuring the expectations of both the customer and
contractor are met within the terms of the contract and required
mission performance results are achieved. To accomplish this you
must be a team player and an effective communicator with your
Contracting Officer, customer, and contractor. You are a vital link
in this process. If you want to learn more about this phase enroll
in CON 112, Mission Performance Assessment offered by DAU.
                                                                          Page 6 of 16
                                 Contracting Officer’s Representative Training
                                 Acquisition Process Overview
The Team Effort
As we’ve seen in the process overview, there are many players
needed to complete the acquisition process. This process
requires teamwork to be effective. From the end users, to
requirements generators, to Contracting Officers, CORs and
contractors, everyone must work together and share a
common goal of supporting mission outcomes through
contract performance. If technical or business problems are
not solved before they disrupt the contractor’s scheduled
performance, they can jeopardize the mission.

Contract administration can be simple or complex and time
consuming, depending on the type of contract, contractor
performance, and the complexity of the work. For example, a
firm-fixed-price contract for a commercial item may require
relatively little post-award administration, whereas a cost-
plus-fixed-fee type contract for research and development
requires careful technical surveillance and auditing of cost.

                                                                        Page 7 of 16
                                   Contracting Officer’s Representative Training
                                   Acquisition Process Overview
The Team Effort (continued)
The Contracting Officer delegates certain contract
administration authorities to the COR, but the legal
responsibility for the contract remains with the Contracting
Officer. The COR functions as the “eyes and ears” of the
Contracting Officer while monitoring technical performance,
and reports any potential or actual problems to the
Contracting Officer. It is imperative that the COR stay in close
communication with the Contracting Officer, relaying any
information that may affect contractual commitments and
requirements.

The COR also develops and maintains the knowledge base
over the project life. Capturing the daily events and
performance results not only helps assess current
performance, it develops a base line for adjusting future
requirements documents or can support changes to the
current contract. Knowledge management is a people issue,
which requires a disciplined and objective approach. It is
having the right knowledge in the right place at the right time
and in the right context.
                                                                          Page 8 of 16
                                   Contracting Officer’s Representative Training
                                   Acquisition Process Overview
The Team Effort (continued)
Establishing a joint partnership between you and your
Contracting Officer is essential. This relationship allows
you to establish and achieve the contract objectives
because both of you are responsible for ensuring that
the contracting process is successful.

You’ve also got to build an effective teaming relationship
with your contractor. Companies do not take on
contracts to fail; they also have a commitment to
supporting the mission outcomes required under the
contract. They can bring vital information to the table in
solving problems, improving performance and reducing
costs if they are given the opportunity to be an effective
part of the team.




                                                                          Page 9 of 16
                                           Contracting Officer’s Representative Training
                                           Acquisition Process Overview
The Team Effort (continued)
Click here to see the ten Golden Rules for building effective teams!

1. Ethical Behavior at All Times - Trust, integrity, commitment and discipline are expected among team
members.
2. Open Communication - Share all the information that can be legally/ethically shared.
3. Trusting Communications - Identify problems early and don’t shoot the messenger. Work on solutions, not
accusations. There is never an excuse for rudeness.
4. Win-Win Interactions - Understand each other’s world well enough so that compromises can be made.
5. Make and Fulfill Commitments - Team members are expected to make commitments and to manage their
part of the program to meet them. This includes technical, cost, and schedule performance as well as
performing for the good of the whole system. Be responsible and accountable.
6. Lockstep Together - No surprises to the partners. Decisions that will or may affect the program will be
made with each other’s knowledge. Program Office must have the earliest possible chance to react and
protect the program.
7. Long Term View - Short-term expedient decisions are bad; expect to be in the business for the long term.
Be willing to take short-term pain for long-term gain. Know you will live for a long time with what you do
today.
8. Teamwork - Act to maintain the long-term integrity of the program and the team.
9. Fault Tolerant - Manage risks, but accept that mistakes will occur. Have a disciplined approach to handle
them.
10. Tailored Processes - Expect that some bureaucratic processes may require tailoring (including waivers).
                                                                                               Page 10 of 16
                                            Contracting Officer’s Representative Training
                                            Acquisition Process Overview
The Team Effort (continued)
The DAU Performance Learning Model (PLM) is an overarching learning model with a broad focus. The
broader focus includes not only training, but the additional learning assets we provide to support the
acquisition workforce.
The PLM is supported by a collaborative tool called the Acquisition Community Connection (ACC),
available to both the federal government and our industry partners. The ACC’s goal is to connect
practitioners with “know-how ” across organizations and industry, as well as expand and accelerate
the creation of available knowledge to support this goal. The value and benefits of knowledge sharing
include the ability to:
    • Facilitate the rapid identification of individuals with specific knowledge or skills
    • Foster knowledge sharing across organizational boundaries (“boundary spanning”)

    • Promote and facilitate the capture and re-use of existing knowledge assets

    • Provide a safe environment to share resources, best practices and challenges and test new ideas
    • Facilitate collaboration across different time zones

    • Foster innovation (within and across organizational boundaries)
    • Facilitate faster, better-informed decision-making

    • Reduce learning curves for new employees

                                                                                                        Page 11 of 16
                                       Contracting Officer’s Representative Training
                                       Acquisition Process Overview
The Team Effort (continued)
Knowledge Sharing is an important part of the
COR's responsibilities. Now is a great time to
share your templates, best practices, lessons
learned and other related resources to enhance
the acquisition of services information repository.
To register for the ACC, click here. To support its
ACC members, DAU also provides an online user’s
guide.

Finally, the ACC hosts a COR Special Interest Area
that provides opportunities for:
                        Circular diagram shows:
                        • Service Area Forums
                        • Definitions and Acronyms
                        • Policy and Guidance
                        • Sample Forms
                        • Related Links
                        • FAQs
                        • Training Center with "Ensuring On-Target Performance"
                        in the center.                                          Page 12 of 16
                                 Contracting Officer’s Representative Training
                                 Acquisition Process Overview
Lesson Summary

You have just concluded the Acquisition Process Overview lesson. During this lesson, you
learned about:
     •The three phases of the acquisition process
     •The components of an effective acquisition team

ow it's time to take a brief Knowledge Check to evaluate your understanding of the
material!




                                                                                Page 13 of 16
                                Contracting Officer’s Representative Training
                                Acquisition Process Overview
Knowledge Review

Which phase of the acquisition process generally requires the most time to complete?

         Mission Support Planning

         Mission Planning Execution

         Mission Performance Assessment

         Mission Pre-Award Analysis




                             Click next slide for answer



                                                                              Page 14 of 16
                               Contracting Officer’s Representative Training
                               Acquisition Process Overview
Knowledge Review

Correct answer is MISSION PERFORMANCE ASSESSMENT. Service or production
contracts can last 5 years or longer. During that time the contractors role is to
document and communicate contractor performance to both the contracting officer and
contractor.




                                                                           Page 14a of 16
                                Contracting Officer’s Representative Training
                                Acquisition Process Overview
Knowledge Review

The Community of Practice for CORs provides value for which of the following?


          Acquisition of knowledge

          Knowledge and asset sharing

          Developing working relationships and entering discussions with other CORs

          All of the above




                             Click next slide for answer



                                                                                Page 15 of 16
                               Contracting Officer’s Representative Training
                               Acquisition Process Overview
Knowledge Review

             The correct choice for this question is " All of the above."




                                                                            Page 15a of 16
                              Contracting Officer’s Representative Training
                              Acquisition Process Overview


                  You have completed the content for this lesson.
     To continue, select another lesson from the Table of Contents on the left.
If you have closed or hidden the Table of Contents click the View Table of Contents
                   button at the top in the Atlas navigation bar.




                                                                            Page 16 of 16
                                Contracting Officer’s Representative Training
                                Ethics and Integrity
Lesson Objectives



After completing this lesson, you will be able to:
     •Recognize regulatory limitations on the conduct of procurement personnel.
     •Identify your ethical responsibilities
DAU Ethics




                                                                              Page 1 of 14
                                  Contracting Officer’s Representative Training
                                  Ethics and Integrity
Acquisition Process Audio

Click on the play button (right pointer) below
to hear a two-minute audio presentation on
the Acquisition Process.

text of audio
Now that we have talked about the acquisition process, we should also review your ethical
responsibilities. The American Society for Public Administration's code of ethics offers five
commandments for public servants:
1. Serve the public interest
2. Respect the Constitution and the law
3. Demonstrate personal integrity
4. Promote ethical organizations
5. Strive for professional excellence
Ethics and Integrity in our personal and professional conduct are absolutely essential to
maintain the public’s confidence in our acquisition process. We have all read in the news about
high level officials and line workers committing violations of public law or ethical practices in
dealing with contractors. Their improper conduct taints the process and places an even higher
burden on all of us to conduct our affairs with the highest standards of ethical behavior .
                                                                                     Page 2 of 14
                                  Contracting Officer’s Representative Training
                                  Ethics and Integrity
Introduction

Welcome to Ethics in the Era of Partnering. With
this training, you will meet your ethical obligations
when dealing with contractors who are working in
the Government's workspace. Most importantly,
with the aid of this training, you will avoid any
inadvertent violation of the rules.
The last decade has seen remarkable change in
not only the way in which DoD competes and
awards contracts, but also a fundamental change
in the role contractors play in supporting DoD's
mission. Acquisition reform has encouraged the
view that contractors are “partners”--part of the
DoD team, working toward the national defense.
As a current or future Contracting Officer
Representative, you will be working closely with
one or more contractors while representing the
U.S. Government.
                                                                          Page 3 of 14
                                Contracting Officer’s Representative Training
                                Ethics and Integrity
Standards of Conduct

Contracting with the Government and official
participation by the employee in matters in which
he or she has a financial interest are two major
prohibitions applicable to Government
contracting. 18 U.S.C. Section 208(a) prohibits
officers and employees from participating
“personally and substantially” in particular
matters in which such employees or organizations
in which they serve or with which they are
negotiating for prospective employment have a
financial interest.




                                                                        Page 4 of 14
                                  Contracting Officer’s Representative Training
                                  Ethics and Integrity
Procurement Integrity

Contracting Officer Representatives (CORs) must
provide a financial disclosure statement annually
so that any potential conflicts of interest can be
identified. Moreover, for contracts valued over
$10 million, procurement integrity regulations
prohibit certain Government officials from
accepting employment for one year from a
contractor on whose contract the Government
official has participated in personally and
substantially.
Any COR who is unclear as to whether they are
prohibited from accepting compensation from a
contractor should seek advice from their agency
ethics official. The request for an advisory opinion
must be submitted in writing, and include all
information reasonably available which may be
judged relevant to the inquiry.
                                                                          Page 5 of 14
                                Contracting Officer’s Representative Training
                                Ethics and Integrity
Identifying Indicators of Fraud

Fraud is the intentional presentation of falsehoods as truth with the goal of causing
someone to part with something of value under false pretenses. Violators can receive
punishments of prison time from 5 to 10 years and/or receive fines from up to $250,000.
Contracting and procurement fraud schemes involve:
x Product Substitution
x Defective Pricing
x Cost Mis-charging
x Price Fixing
x Fabrication of Records
x Bribes, Gratuities and Kickbacks
x Government Employee Collusion and Fraud
x Individual Fraud This includes time and attendance abuse and false claims (as on travel
vouchers and worker's compensation claims).

You have an obligation to report any suspected violations or wrong-doings. You should
report your suspicions to your organization’s chain of command.

                                                                                Page 6 of 14
                                        Contracting Officer’s Representative Training
                                        Ethics and Integrity
Gift Prohibition

One of your biggest responsibilities as a Contracting Officer’s representative is to
effectively communicate your Agency’s need to the contractor and establish a solid
working relationship. Not withstanding that, you must always maintain impartiality
Click Here for two key points to remember:


1. Federal employees are prohibited from soliciting or accepting gifts offered “because of
the employee’s official position” or gifts offered by a “prohibited source.” A prohibited
source can be a company doing business or seeking to do business with the federal
government. This includes contractors...even partnering contractors. Details: Code of
Federal Regulations 5CFR2635.202(a)

2. Although the Office of Government Ethics Regulations allows you to accept gifts from
a prohibited source up to a total of $50 per year, any gifts on a single occasion must not
exceed $20 in value. For example, the face value of a football ticket (say, $50) is the
market value, so the ticket cannot be accepted as a gift. Details: 5CFR2635.204(a)


                                                                                   Page 7 of 14
                                Contracting Officer’s Representative Training
                                Ethics and Integrity
Basic Information Regarding Contractor Employees

As a COR who may interact with contractor employees
daily, you must keep in mind that they are not
Government employees. The terms and conditions of
the contract define the obligations of each party and the
contractor’s performance requirements. It is important
to understand that Federal and DoD Standards of
Conduct do not apply to contractor employees. With this
in mind, you must take care to not:
1. Interfere in contractor-employee relations
2. Tell contractors:
      a. Whom to hire, or exert undue influence over
      selection of employees
      b. Whom to fire
      c. To perform work outside the Statement of Work



                                                                        Page 8 of 14
                                Contracting Officer’s Representative Training
                                Ethics and Integrity
Basic Information Regarding Contractor Employees (continued)

Professional friendships are not prohibited. However, we
must act impartially, and show no favoritism or
preferential treatment. Although personal friendships
are not prohibited, they may cause the appearance of
conflict of interest. Government employees cannot make
recommendations and references for contractors, except
when providing past performance information to other
Agencies. You must be cautious and vigilant to avoid any
situations that may give the “wrong appearance”; when
in doubt, avoid the situation and contact your
contracting officer.




                                                                        Page 9 of 14
                                   Contracting Officer’s Representative Training
                                   Ethics and Integrity
Lesson Summary

During this lesson, we:
      • Recognized the regulatory limitations on the conduct of procurement personnel
      • Identified your ethical responsibilities as a Contracting Officer Representative
Please note that it is highly recommended that you also complete the full-length Ethics
Training provided on the Defense Acquisition University's Continuous Learning Center. To
register for this Ethics Training, click here. It is suggested that you save the registration link
as a "Favorite" so you can return to it once you have completed this COR training module.




                                                                                      Page 10 of 14
                                 Contracting Officer’s Representative Training
                                 Ethics and Integrity
Knowledge Review

The contractor supporting your project tells you that you're doing great and that his/her
employees like working with you on this project, and then offers to give you two tickets for
this weekend’s professional football game (clubhouse seats).

          Yes
          NO
          It depends on other factors of the situation.




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Knowledge Review

Correct answer is NO. That’s correct! The price for the clubhouse seats no doubt violates
the $20 retail rule, as well as the $50 from a single source (aggregate) per calendar year
rule.




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Knowledge Review

The intentional disclosure of an offeror's proposed cost and technical information prior to
contract award is (select the best answer):

          A violation of the Procurement Integrity
          Punishable up to 5 years in prison
          A violation that is reportable to the Head of the Contracting Activity
          All of the above




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Knowledge Review

           Bingo! You are correct. All of the above is the correct answer




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Knowledge Review

While visiting a contractor’s facility in order to inspect progress on a new weapons system,
you notice a fine scale model of the F-15 Eagle aircraft sitting in a display case. The
contractor’s Program Manager notes your interest in the model and comes over to look at
the F-15 with you. You remark, "Gee, that’s a beautiful F-15. Can I get one from you?" The
Program Manager responds "Of course! We have several extra models on hand. I'll get you
one."
          If the retail value of the model is less than $20, you may accept it.

          If it appears that the gift was offered to gain favorable treatment on the
          inspection, you should refuse the gift even if the value is less

          If the value of the gift is $100, you may not personally accept it.

          As it appears that you have solicited the gift, you may not accept it.


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Knowledge Review

 That's right. The 2nd, 3rd, and 4th choices represent ethical decision-making and conform
                          to regulations governing gift acceptance.




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                  You have completed the content for this lesson.
     To continue, select another lesson from the Table of Contents on the left.
If you have closed or hidden the Table of Contents click the View Table of Contents
                   button at the top in the Atlas navigation bar.




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Lesson Introduction and Objectives

The Government has inherent authority to procure items and services to carry out specific
duties for the public good. It must delegate the necessary authority to departments and
ultimately to individuals within those departments to obligate the Government’s money to
meet its needs.
After completing this lesson you will be able to:
     • Identify the classifications of contracts
     • List the frequently used contract types
     • Identify the difference between real and apparent authority
     • Itemize the conditions that must be met before becoming a Contracting Officer
     Representative




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Authority to Contract
The Government must have authority to procure items
and services to carry out specific duties for the good of
the public. To perform this function, someone must
have the authority to obligate the Government to
contracts. Contracting regulations provide express
authority for Contracting Officers to buy goods and
services for the Government.
Public Law 93-100 (passed in 1974) established the
Office of Federal Procurement Policy (OFPP). The
Administrator of OFPP was directed to establish a single,
simplified, and uniform procurement regulation for all
Federal agencies. The Federal Acquisition Regulation
(FAR) became effective in 1984. Agencies are allowed to
supplement the FAR for unique contracting situations
that do not apply to the rest of the federal government.
For example, the Department of Defense's supplement
is the Defense Federal Acquisition Regulation
Supplement (DFARS).
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Authority to Contract (continued)
FAR 1.102 lays out the following vision and performance standards for the acquisition
process:
Vision: The Government acquisition team is charged with making decisions that deliver the best value product or
service to the customer.

Performance Standards:
• Satisfy the customer – cost, quality, and timeliness of delivered product or service

• Minimize administrative operations cost

• Conduct business with integrity, fairness and openness

• Fulfill public policy objectives

• Exercise personal initiative and sound business judgment to provide best value


Note that when exercising initiative, the Contracting Officer has authority to take actions
that are in the best interests of the Government unless they are specifically prohibited by
law, policy, or contract terms.
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Acquisition Process Audio

Click on the play button (right pointer) below
to hear a two-minute audio presentation on
the Acquisition Process.

text of audio on next slide




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Acquisition Process Audio

John asks a question: OK Alex so what is a contract? Aren't they all the same anyway?

Alex: A contract is a promise or a set of promises that either something shall happen or that something shall not
happen in the future, for the breach of which the law gives a remedy or the performance of which the law in some
way recognizes as a duty.

To become a legally binding, valid contract the law requires the following elements:

(1) Mutual assent, i.e., offer and acceptance, synonymous with “agreement” and requires that each party manifest
a willingness or agreement to be bound by their promise.

(2) Consideration must be legally sufficient which may or may not have an economic value but is still legally
sufficient.

(3) Capacity to perform refers to the power that a person normally has to enter into a contract.

(4) Legality even where mutual assent, consideration, and contractual capacity are present, there may still be no
contract because the subject matter of the agreement is illegal per statute or public policy.

Lacking any of these four elements, the promises or bargains between parties will not create rights and duties and
will not result in a valid contract.

The Government has a wide range of contract types it can use to best meet our customers’ needs.
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The Contract

A contract creates legal rights and duties stemming
from a bargain or promises between people. People,
businesses and the Government need to know that
their business dealings and agreements with others
will be legally binding and enforceable. The contract
accomplishes this.
A contract is a mutually binding legal relationship
obligating the seller to furnish supplies or services
(including construction), and the buyer to pay for
them. The legal concept of contracts helps to assure
people that their reasonable expectations from the
promises and bargains they enter into with others
will be met.




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Contract Types

Government contracts can be classified into two broad types: cost reimbursement
contracts and fixed price contracts. Other contract types are actually subset types of
these two broad categories. The kind of contract used depends on factors such as nature
of the requirement, the degree of risk or uncertainty, and market practices. How the
contractor is compensated is a function of the type of contract awarded. Click on the
contract types below for a brief summary of each (this listing is not all-inclusive):

FIXED PRICE

COST REIMBURSEMENT

INCENTIVE

INDEFINITE DELIVERY

TIME & MATERIAL

For an in-depth discussion of different contract types, click here.
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Contract Types
FIXED PRICE Under a fixed-priced contract, the price remains fixed throughout the contract life
unless a change is made. The Government’s obligation is to pay the agreed-upon price, regardless of
whether the contractor’s costs increase or decrease during performance. The contractor assumes all
of the cost risk.

COST REIMBURSEMENT Under a cost-reimbursement contract, payments are provided from
allowable incurred costs to the extent prescribed in the contract. This type is suitable for when
uncertainties in contract performance do not permit the formulation of a fixed price with sufficient
accuracy. They may be used when the contractor’s accounting system is adequate for determining
costs applicable to the contract and when an appropriate level of Government surveillance is
available. Cost-reimbursement contracts cannot be used for procuring standard commercial items.

 INCENTIVE Incentive contracts are appropriate when providing a dollar performance incentive would
result in lower costs or improved performance or delivery. Award fee contracts are a type of
incentive contract. The fees are additional dollars paid to the contractor based upon the contractor
meeting or exceeding a level of performance specified in the contract.




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Contract Types
 INDEFINITE DELIVERY Indefinite Delivery contracts are used to acquire supplies and/or services
when the exact time and/or quantity of future deliveries are unknown at the time of contract award.
There are three types of Indefinite Delivery contracts: Definite Quantity, Requirements, and
Indefinite Quantity:
• DEFINITE QUANTITY: A specific quantity of supplies or services is identified for a period of time that is not
precisely known at the time of contract award. Deliveries or performance are made at designated locations, upon
receipt of a Government order. Supplies are available immediately or after a short lead time.
• REQUIREMENTS: Actual Government requirements of specified supplies or services are filled for one or more
specified locations. There is no minimum quantity that the Government is obligated to order. The contract contains
an estimated total quantity and the maximum limit of the contractor's liability. Funds are obligated by each order,
NOT by the contract.
• INDEFINITE QUANTITY: The contractor provides supplies or services during a defined contract period, though the
precise quantity is unknown at contract award. The contract contains a minimum Government obligation to order
as well as a stated maximum order quantity. This type is used when it is impossible to specify a precise quantity but
the Government does not want to commit to more than the "minimum" quantity

 TIME & MATERIAL Time and Material (T&M) contracts are used for acquiring supplies or services on
the basis of direct labor hours at specified fixed hourly rates that include wages, overhead, general
and administrative expenses, and profit; and materials at cost. They may be used only when it is not
possible at the time of placing the contract to estimate accurately the extent or duration of the work
or to anticipate costs with any reasonable degree of confidence.
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Contract Item Categories



We use contracts to create a legally enforceable document that supports the
Government’s purchase of supplies and services. The contractor may provide a supply
item (supply contract) or a service item (service contract) to the Government. Supply
contracts are employed to obtain spare parts for weapon systems, clerical supplies, food
for the commissary, military uniforms, etc. Compared to contracts for services, supply
contracts are relatively straightforward. However, the COR must take extra care when
assigned to services contracts. Let's examine this category of contract in more detail!




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Service Contracts
A service contract requires a contractor to perform an
identifiable task rather than to furnish an end item of supply.
A service contract may be either a nonpersonal services or
personal services contract. It may involve services performed
by "professional" or "nonprofessional" personnel, whether on
an individual or organizational basis. When contracting for
services, it is Government policy to use performance-based
contracting methods and nonpersonal services rather than
personal services to the maximum extent practicable.
Personal services are characterized by an employer to
employee relationship created between the Government and
the contractor’s personnel. Obtaining personal services by
contract rather than by direct hire circumvents federal laws
unless Congress has specifically authorized acquisition of
personal services by contract. Agencies cannot award
personal service contracts unless specifically authorized by
federal statute.

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Personal Service Contracts
An employer-employee relationship under a service contract occurs when, as a result of the
contract’s terms or the manner of its administration during performance, contractor
personnel are subject to relatively continuous supervision and control of a Government
officer or employee. A contract is typically personal in nature when:
    • Performance is at a Government work site
    • Principal tools and equipment are furnished by the Government
    • Services are applied towards a Government function or mission
    • Comparable services, meeting comparable needs, are performed for similar agencies using civil
    service personnel
    • The need for the service can reasonably be expected to last beyond one year
    • The nature of the service or the manner in which it is provided reasonably requires, directly or
    indirectly, Government direction or supervision of contractor employees




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Nonpersonal Service Contracts
The Federal Acquisition Regulation specifically defines a nonpersonal
services contract as “a contract under which the personnel rendering the
services are not subject, either by the contract’s terms or by the manner of
its administration, to the supervision and control usually prevailing in
relationships between the government and its employees.”
The Government may be liable to having a claim filed against it if,
under a nonpersonal services contract, the Government:
        •Changes a contractor employee's duty hours from those
        specified by contract
        •Requires the employee to report to a Government employee
        •Requires the employee to complete inherently governmental
        forms or maintain contractor personnel records
        (such as time cards)
        •Grants contractor employee requests for leave
It is essential to exercise caution during the post-award administration of a contract
in order to prevent nonpersonal service contracts from becoming de facto personal
service contracts. Performance work statements that clearly specify worker duty
hours and the contractor’s responsibility for supervising its employees can help
prevent this problem.                                                                    Page 10 of 40
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The Service Contract Act
As a COR, it is important to understand the labor provisions of the Service Contract Act
(SCA) for contracts that exceed $2,500. By law, the SCA does not apply to construction,
supplies, transportation contracts where tariff rates apply, services that fall under the
Communications Act of 1934, public utilities, and contracts for operating postal stations
for the US Postal Service. The act covers all employees working on a given service
contract except for bona fide executive, administrative or professional personnel.




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The Service Contract Act (continued)
For non-professional services, the Contracting Officer must request a wage
determination from the Department of Labor and display a poster in a conspicuous area
accessible to the employees which details:

    •Rights of the employees
    •Wage determination information
    •Office for reporting violations or complaints

You and the contractor must also be aware that the Department of Labor performs labor
compliance reviews and directs certain administrative actions against contractors who
breach this contractual requirement.




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Acquisition Order of Preference
When acquiring goods and services, there is a designated
order of preference that must be followed. The following
sources must be considered for all government
acquisitions, in the order indicated:

    •Existing government inventory
    •Required Sources
    •Existing Government contracts
    •Small, minority-owned businesses
    •Small businesses
    •Large businesses
    •FAR Part 8 discusses Acquisition order of preference

For example, Federal Prison Industries and not-for-profit
agencies employing blind or severely handicapped
persons.
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Commercial Items


Commercial items are supplies and services generally
available for sale or lease by the general public, i.e. not
designed to meet a unique government application. The
government prefers to buy commercial products and
services and has developed special procedures that
simplify the purchase of commercial items and more
closely mirrors buying practices used by commercial
industry. For example, common health care supplies,
services and equipment, and office supplies are
considered commercial items.




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Classification of Contracts

The are some basic legal classifications of contract actions that you need to be familiar
with as a COR (click the links to learn more):

Unilateral Contract Action:   The action of just one party is sufficient to create a binding
                              obligation on another party. For example, the Government
                              reserves certain contractual rights to modify an existing
                              contract by minimally changing the quantity of items to be
                              delivered by a contractor.

Bilateral Contract:           The actions of both parties are required to create a binding
                              obligation. For example, the Government must obtain
                              agreement from a contractor to substantially change the
                              type of work to be performed under an existing contract.

Implied Contract:             An implied contract is one that is not created by explicit
                              terms but by the conduct or actions of one of the parties.
                              Your actions as COR could potentially create a contract or
                              the appearance of creating one, even though only the
                              Contracting Officer is officially empowered to do so. As COR,
                              you need to verify that the contractor is performing only the
                              requirements that are explicitly in the contract; not what
                              someone wishes was in the contract.                         Page 15 of 40
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Creation of Agency in Government Contracting
Agency can be created in the following ways:
A relationship between an agent and a principal in which the agent acts for and represents the principal on the basis of
the principal's instructions

Agreement: An agency relationship can be created by agreement between the principal and agent. The
principal can confer authority on an agent only if he or she agrees to accept it.

Estoppel: When an agent does not have real authority to deal with third parties on behalf of the
principal and the principal takes no action to stop the agent, the courts may determine that agency has
been created by "estoppel." For example, a COR may be planning to direct a contractor to perform work
that is outside the scope of the contract and tells the Government Contracting Officer about the plan. If
the Contracting Officer does nothing to stop the COR from doing this, the Government may be bound
by estoppel to pay the contractor for the outside of scope work.

The doctrine of apparent authority allows a third party to hold a principal liable for the unauthorized
acts of its agents. For the doctrine of apparent authority to apply, the third party must reasonably
believe that the agent has actual authority based on the third party’s dealings with the principal (Black’s
Law Dictionary 128, 7th ed. 1999). The doctrine of promissory estoppel allows for the enforcement of
an otherwise unenforceable promise. For this doctrine to apply:

i. the promisee must have actually relied on the promise to his/her detriment;
ii. the promisee’s reliance should have reasonably been foreseen by the promisor; and
iii. enforcement of the promise must be necessary to prevent injustice.                                 Page 16 of 40
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Creation of Agency in Government Contracting (continued)
Ratification: Sometimes an agent exceeds his or her authority and attempts to bind a
principal to an agreement that is clearly unauthorized. Ratification means acceptance,
express or implied, of the agreement. Ratification treats the transaction as though the agent
had authority from the outset.

Operation of Law: Agency can be created by operation of law. Many states pass statutes
that create an agency relationship.

A general agent is one who is authorized to act for the principal on more than a single
transaction or for an extended period of time. A special agent can only act in particular
transactions or for a particular purpose or class of work. Government personnel are special
agents in that they are given authority only to perform certain actions.

An agent has a duty to act with complete and utmost loyalty and fidelity regarding his or her
responsibilities to the principal. The law strictly enforces this duty and does not allow the
agent to have any conflicts of interest that may interfere with his or her duties.

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Authority of an Agent
The key to understanding the concept of agency is the term
"authority." For an agent to bind a principal, the agent must
have the authority to do so. Authority rests on the consent of
the principal. The two general classifications of authority are
real authority and apparent authority:

Real Authority: Authority manifested by the principal to the
agent either expressly or by implication. Two kinds of real
authority are express and incidental. A principal confers express
authority upon an agent when he or she explicitly authorizes
the agent, either orally or in writing. By virtue of giving an agent
express authority to act, a principal also consents to any
authority that is normally incidental to carrying out his or her
duties.

Apparent Authority: Though a person has no real authority to
act as an agent, he or she may nevertheless have apparent
authority to do so. Apparent authority is authority that results
from an appearance of authority created by the principal.

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Authority of an Agent (continued)
A problem in the area of apparent authority is that it frequently is difficult to determine
just what is “normal” to a particular appearance or occupation. Where the matter is
disputed in court, expert witnesses in similar positions of authority may be called to testify.
The Federal Government is not bound by apparent authority. When a Government
employee acts as if he has authority that he does not actually have when dealing with third
parties, the Government is not bound by his actions.

When acting as an agent for the Government, the COR needs to:
   • Understand ratification and when it is used
   • Use caution when dealing with third parties
   • Thoroughly understand the Anti-Deficiency Act

Anti-Deficiency Act - This mandates that appropriated funds may not be spent if they have not been
properly apportioned or administratively allocated.




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Authority of an Agent (continued)
As a COR, it is important to understand two terms:
unauthorized commitments and ratifications.
Unauthorized Commitments: The Contracting Officer is
the only agent of the Government who is authorized to
obligate the Government. It is no accident that the
Contracting Officer’s certificate of appointment states
that he or she is a Contracting Officer for the United
States of America. When others make commitments that
only a warranted Contracting Officer can make, these are
called unauthorized commitments.

If the Government decides to be bound by such a
commitment, it must be ratified. CORs must be vigilant
to avoid the appearance of having authority to make
changes to the contract.



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Authority of an Agent (continued)
Ratification

This occurs when an authorized official approves an unauthorized commitment. FAR 1.602-
3 (Ratification of Unauthorized Commitments) explains that although procedures are
provided for ratifications, they must be used with great discretion. Ratifications may be
made only when:
1. The items have been accepted by the Government, or the Government otherwise has
obtained or will obtain a benefit resulting from performance of the unauthorized
commitment;
2. The ratifying official has the authority to enter into a contractual commitment;
3. The resulting agreement would otherwise have been proper if made by a Contracting
Officer;
4. The Contracting Officer reviewing the unauthorized commitment determines the price to
be fair and reasonable;
5. The Contracting Officer recommends payment and legal counsel concurs in the
recommendation, unless agency procedures expressly do not require such concurrence;
6. Funds are available and were available at the time the unauthorized commitment was
made;
7. The ratification is in accordance with any other limitations prescribed under agency
procedures.
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Authority of an Agent (continued)
Ratification (continued)
One of the reasons an action may not be able
to be ratified is that it would violate the Anti-
Deficiency Act. Congress appropriates funding
for specific purposes and in specific amounts. If
the unauthorized action requires more funding
than is available, or for a purpose other than
that intended by Congress, it becomes a
violation of the Anti- Deficiency Act. As a COR,
do not create a cost increase or new
performance outside the originally intended
purpose of the contract, or you can be held
personally liable for such actions in violation of
the Anti-Deficiency Act.




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Contracting Officer’s Authority
It is imperative for CORs to fully understand the role of and
responsibilities assigned to warranted Contracting Officers.

The Contracting Officer is the person with authority to enter
into, administer, and/or terminate contracts. The authority is
derived from a certificate of appointment. While certain
authorities are delegable to others, the authority to legally
obligate the Government is not.

There can be three different types of Contracting Officers
depending on their roles and agency procedures. The Procuring
Contracting Officer (PCO) handles all planning and contract
actions up to award of a contract. The Administrative
Contracting Officer (ACO) assumes responsibility for
administering the day-to-day contractual activities after award
has been made. Finally, the Termination Contracting Officer
(TCO) is responsible for negotiating any termination
settlements with the contractor. Sometimes all three
responsibilities reside in one person.

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Authority to Designate the COR
Agency’s supplement gives authority to Contracting Officers to designate a COR. A COR
candidate is often nominated by the Program Manager or other individual from the
requiring organization, but only the Contracting Officer can officially designate a COR. The
Contracting Officer must determine whether the COR has adequate training and proper
technical skills. Specifically, the COR:

Must be a Government employee unless otherwise authorized in agency regulations.

Must be qualified by training and experience commensurate with the responsibilities delegated

May not be delegated responsibility to perform functions at a contractor’s location that have been
delegated under FAR 42.202(a) to a contract administration office.

May not be delegated authority to make any commitments or changes that affect price, quality,
quantity, delivery, or other terms and conditions of the contract.

Must be designated in writing.



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Authority to Designate the COR
Appointment letters should at a minimum:
Specify the extent of your authority to act on behalf of the Contracting Officer
Specify the period covered by the designation
State that the authority is not re-delegable
State that the COR may be held personally liable for unauthorized acts

An example of an appointment letter is on the next slide.




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Appointment Letter
Dear _____________________:

You are hereby designated as the COR in connection with the technical phases of Contract No. _________________.
Please review the following information:

A. DESIGNATION OF COR…

B. SCOPE OF SPECIFIC RESPONSIBILITIES…

C. EXCLUSIONS FROM COR RESPONSIBILITIES…

Violation of the foregoing may give the appearance that Agency is not acting in good faith. Commitments made to
contractors by other than duly appointed Contracting Officers may result in formal protests by other companies,
embarrassment to the Department, criticism by the Government Accountability Office and possible monetary loss to
the individual and the firm involved.

Sincerely,
__________________________
Contracting Officer

Acknowledgement:

___________________________________
Name
___________________________________
Title
___________________________________
Date                                                                                              Page 24b of 40
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COR Duties and Responsibilities
As the COR, you are the technical liaison between
the contractor and the Contracting Officer and
are responsible for verifying satisfactory contract
performance and timely delivery as set forth in
the contract.
You are the “eyes and ears” of the Contracting
Officer. You perform this role by observing and
documenting the contractor’s technical
performance and reporting it to the Contracting
Officer.




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COR Duties and Responsibilities (continued)
As COR, you will be most directly involved in the performance
assessment
While the legal requirements of the contract guide the actions
of the Contracting Officer and COR, the prudent exercise of skill
and judgment is often required to effectively protect the public
interest. You play a critical role in the outcome of the contract
administration phase.

Click here to see a detailed listing of the duties you may be
asked to perform as a COR.

Click here to see the actions you must avoid as a COR!

NOTE: To learn more about a requirement specific to Army
CORs, click here

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Click here to see a detailed listing of the duties you may be asked to perform as a COR.
•Maintain an arms-length relationship with the contractor;
•Keep Contracting Officer fully informed of any technical or contractual difficulties encountered during
performance;
•Assuring the Contracting Officer that the contractor’s performance meets the technical requirements,
terms, and conditions of the contract;
•Inform the contractor of failures to comply with the technical requirements of the contract;
•Coordinate site entry for contractor personnel as needed;
•Ensure that any Government Furnished Property is available when needed and is being accounted for by the
appropriate property personnel;
•Ensure that all required items, documentation, data, and/or reports are submitted as required by the
contract;
•Evaluate proposals and participate in negotiations for contract modifications and claims, as requested by
the Contracting Officer;
•Review vouchers for cost-reimbursement type work and recommend approval/disapproval to the
Contracting Officer
•Review and process invoices and vouchers in a timely manner in accordance with the Prompt Payment Act;
•Document decisions made and actions taken as the COR;
•Maintain adequate records to sufficiently describe the performance of duties as COR during contract
performance;
•Provide the Contracting Officer with a copy of any correspondence sent to the contractor;
•Conduct site visits at the location(s) where the work is being performed;                       Page 26a of 40
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Click here to see the actions you must avoid as a COR!
•Award, agree to, or sign any contract, delivery order or task order. (Exception: Delivery orders or task
orders for $2,500 or less when authorized by the Contracting Officer in the contract’s ordering
procedures section.)
•Make any commitments or otherwise obligate the Government to make any changes to the contract.
This does not preclude the COR from providing technical interpretation or guidance on the existing
contract.
•Grant deviations from, or waive any terms and conditions of, the contract.
•Require the contractor to perform any task or permit any substitution not specifically provided for in
the contract.
•Increase the dollar limit or authorize work beyond the dollar limit of the contract; authorize the
expenditure of funds.
•Give direction to the contractor or to its employees except as provided for in the contract.
•Change the period of performance.
•Authorize the purchase of equipment or the furnishing of Government property, except as
authorized under the contract.
•Authorize subcontracting or the use of consultants.
•Supervise, direct or control contractor employees.
•Approve travel and relocation expenses over and above that provided for in the contract.
•Authorize the use of overtime.
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COR Performance Evaluations
Supervisors are encouraged to include successful contract
management in performance criteria for individuals with
contract management responsibility. Supervisors are
encouraged to seek input from the Contracting Officer when
preparing the performance rating of an employee with COR
responsibility. However, a Contracting Officer’s authority to
designate or withdraw designation of a COR is based upon FAR
Subpart 1.6. This authority is distinct from the supervisor’s
management authority exercised through the performance
evaluation process. A satisfactory or higher rating of a COR by a
supervisor does not preclude the Contracting Officer’s
authority to cancel a COR's designation.

Additional guidance on COR designations within DoD can be
found at DFARS 201.602-2 – COR Responsibilities.



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Termination of COR Appointments
Contracting Officers have the authority to cancel COR
appointments of individuals who are not, in the judgment of
the Contracting Officer, fulfilling their COR duties satisfactorily
or staying within the limits of their authority as delegated by
the Contracting Officer. Cancellation actions are taken only in
serious circumstances and only after the Contracting Officer
has counseled the COR with the assistance of the COR’s
supervisor, if necessary.

Click here to view the Office of Federal Procurement Policy's
Guide to Best Practices for Contract Administration, which
addresses proper training of CORs.




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The Uniform Contract Format
Your first task is to read the contract for which you've been
assigned and continue to read it often throughout your
assignment as a COR. The Uniform Contract Format specifies
the of a contract and the sequence in which they must be
arranged.

Section A   Solicitation/Contract Form
Section B   Supplies or Services And Price/Costs
Section C   Description/Specification/Statement Of Work
Section D   Packaging And Marking
Section E   Inspection And Acceptance
Section F    Deliveries And Performance
Section G    Contract Administration Data
Section H    Special Contract Requirements
Section I    Contract Clauses
Section J   List Of Attachments
Section K   Representations, Certifications & Other Statements Of
Offerors
Section L   Instructions, Conditions, And Notices To Offerors
Section M    Evaluation Factors For Award                                 Page 29 of 40
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The Uniform Contract Format (continued)
All 13 sections are made part of the overall solicitation package,
but only sections
A through J physically become part of the final contract package.
Things
to ask yourself when you are reviewing the contract are:
     •What type of contract is it?
     •Are there any deliverables?
     •Are we requiring any reports?
     •What are the invoice procedures?
     •Are there any testing, safety, or security requirements?
     •Are there any special contract requirements or other terms
     and conditions that must be followed (usually found in Section H)?

Section B (Supplies or Services And Price/Costs) and Section C
(Description/Specification/Statement Of Work) of the UCF are
particularly important to the COR, as these two sections together
describe the supplies and/or services that the contractor must
provide.

It is vitally important for the COR to read the contract and review
it frequently during contract performance.
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The Contract Award
Two common forms used in DoD contracting to make the actual
award are the SF 1449, Solicitation/Contract/Order for Commercial
Items and the DD Form 1155, Order for Supplies or Services. The
SF 1449 is used for commercial items, while the DD Form 1155 is
used for non-commercial item purchases within the simplified
acquisition threshold ($100,000).

Note that a purchase order made with the DD Form 1155 is not an
actual contract between the parties. It is merely an offer by the
Government to purchase supplies and services at the vendor's
quoted price. A contract is established only when the vendor
accepts the offer by signing and returning the DD Form 1155.




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The Contract Award (continued)
Large, non-commercial item contracts are normally
made using the SF 26, Award/Contract. When the SF
26 is used, a contract is formed as soon as the DoD
Contracting Officer signs it, as the contractor had
already submitted a formal proposal (not just a
quote) to the Contracting Officer. Once DoD accepts
the proposal, a contract is essentially in place.




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The Standard Procurement System
The Standard Procurement System is the automated
contracting system that standardizes procurement
processes across the Department of Defense (DoD).
It is used for writing solicitations and contracts. Once
fully deployed throughout DoD, all contracting forms
will be generated from this automated system.




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Apparent Authority/Unauthorized Commitment Review Exercise
The following Exercise is designed to illustrate the
risk to the Government when agents act beyond the
scope of their actual authority. Read the background
information and answer the questions on the
screens that follow. This Exercise will give you an
opportunity to explore what you have learned about
your responsibility as an agent for the Government.
Please take a few minutes to think about your
responses to the questions.

Click here to read the background information for
the following exercise. We suggest that you save
this PDF file to your computer and then reopen it in
a separate Adobe Acrobat window. This way you can
refer to it while completing the exercise that follows.



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Knowledge Review
Does Ms. Jackson have authority to act on behalf of Major Langley?

                   YES

                   NO




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Knowledge Review
Correct Answer is YES. Major Langley, as her supervisor, had approved her request to
schedule the training for MWR.




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Knowledge Review
True or False: Ms. Jackson has authority to enter into an agreement
with the facilitator.

                   True

                   False




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Knowledge Review
Correct Answer FALSE. Ms Jackson had no real authority to act as an agent, although she
had apparent authority to do so (appearance). However, the Government does not
recognize apparent authority.




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Knowledge Review
(Complete the sentence below by inserting your answer in the text box
and clicking Submit.)

The agreement between the facilitator and MWR should have been
established with a ___________.




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Knowledge Review
Correct answer is CONTRACT.




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Knowledge Review
Is the Marine Corps obligated to pay the facilitator?

                    YES

                    NO




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Knowledge Review
The correct answer in this case is "NO." A contracting officer is the only agent of the
Government authorized to obligate the Government. When others make commitments
without authority, they had made an " unauthorized commitment" that needs to be
ratified. The government is not obligated to action on such a commitment, which could
result in having Ms. Jackson held personally liable for her actions.




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Lesson Summary
This is the end of the Authorities lesson. In this topic, you learned about the:

     •Classification of contracts
     •Frequently used contract types
     •Difference between real and apparent authority
     •Conditions that must be meet before becoming a Contracting Officer Representative




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                  You have completed the content for this lesson.
     To continue, select another lesson from the Table of Contents on the left.
If you have closed or hidden the Table of Contents click the View Table of Contents
                   button at the top in the Atlas navigation bar.




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Introduction and Objectives

The Contracting Officer has awarded the contract and
everyone can lie back and relax until the next contract
requirement comes along, right? Not quite. The Contracting
Officer, with the assistance of the Contracting Officer
Representative (COR), has to ensure that the customer
receives the product or service at the right time and at the
right level of quality.

After completing this lesson, you will be able to:
     •Recognize the importance of proper file documentation
     •Itemize the documents to be included in the COR's file
     •Discuss the methods of performance assessment available to
     the COR
     •Identify remedies for poor performance



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John: As we discussed earlier, our fundamental tasks during the performance assessment
phase of the acquisition process are to ensure the contractor is meeting the contract
performance requirements and that we administer the contract effectively. I want to
discuss the importance of effective performance assessment.

After the contract has been awarded a post-award orientation is an important tool in
ensuring everyone shares a common vision of the performance outcomes, assessment
procedures and administration requirements contained in the contract. This orientation
should ensure all parties understand the contract requirements, and identify and clarify
roles of Government personnel involved in performance assessment and contract
administration.

In relatively simple acquisitions, post-award orientation may be accomplished by the
Contracting Officer in a letter. This letter would identify the Government officials
responsible for contract administration and describe any special or unusual requirements
such as production tests, special reports, and subcontracting consent requirements. As in
our case with large, complex service requirement, a Contracting Officer may decide to host
a post-award conference.
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If I am unable to chair the orientation conference, this responsibility is delegated to you.
You need to know that the conference should be conducted in a businesslike manner,
with the recognition that both parties have an existing contractual relationship and that
the purpose of the conference is to promote accurate understanding of the contract, not
to alter it.
Post-award orientation of subcontractors is the responsibility of the prime contractor. If
the prime contractor invites subcontractor personnel to the post-award conference,
Government representatives attending should recognize that the Government has no
privity of contract with any subcontractor. In other words, all instructions,
interpretations, or other contractual dealings with the subcontractor are the business of
the prime contractor, unless problems arise that cannot be resolved by the prime
contractor.
A good post award conference establishes clear lines of communication that helps both
Government and contractor achieve a clear and mutual understanding of the contract
requirements. It also enhances and reduces future problems when the contractor fully
understands the roles and responsibilities of the government officials who will assess
performance and administer the contract.


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A good post award conference establishes clear lines of communication that helps both
Government and contractor achieve a clear and mutual understanding of the contract
requirements. It also enhances and reduces future problems when the contractor fully
understands the roles and responsibilities of the government officials who will assess
performance and administer the contract.
We generally have a pre-meeting with the government team of applicable program and
contract personnel to ensure there is a clear understanding of their specific responsibilities
and restrictions in administering the contract. Items we discuss include such things as the
authority of government personnel who will administer the contract, review the quality
assurance surveillance plan, quality control and testing, the specific contract deliverable
requirements, special contract provisions, the Government’s procedures for monitoring
and measuring performance, contractor billing, voucher approval, and payment
procedures. Topics for discussion at post award orientation meeting might include:
• Points of Contact
• Payment and Invoice Procedures
• Personnel Changes
• Deliverables and Acceptance Procedures
• Government Furnished Property
• Safety Regulations
• Security Procedures and Procedures for Identification Cards for Personnel
This is one meeting you really need to be in.                                     Page 2b of 50
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The Importance of COR Documentation
There is an old saying in contracting about file
documentation “if it’s not documented, it didn't happen”.
Your documentation of events and actions concerning the
performance on this contract is extremely important. It
provides the foundation for government action in the case
of performance issues, both positive actions which support
an award fee or performance incentive or negative actions
that substantiate substandard performance. Your
documentation serves as a ready record that reflects the
intent of the parties over time. It can be used to guide
future actions or as support in the event of a dispute.
                                                             An award fee is an
                                                             additional payment made
The importance of maintaining complete, current and          to the contractor for
orderly files can not be overemphasized. As a matter of      performance that exceeds
practice, when you hold discussions or conduct business      a standard specified in the
with contractors, you should prepare a Memorandum for        contract.
Record (MFR) of meetings, trips, and telephone
conversations relating to the contract.                                       Page 3 of 50
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COR Documentation (continued)
Each MFR, other records, or correspondence relating to the contract should cite the
contract number and be maintained in the COR files. Furnish a copy of all actions or
correspondence to the Contracting Officer. As a minimum, the COR file should contain the
following.
     • A duplicate copy of the COR Appointment letter signed by the Contracting Officer
     • A copy of the contract including attachments, exhibits, drawings, and designs
     • A copy of all modifications to the contract
     • Correspondence to and from the Contracting Officer and the contractor
     • Copies of all invoices processed
     • Copies of all receipt and acceptance documents processed (DD250 Material Inspections and Receiving
     Report, and SF 1034 Public Voucher for Purchases and Services Other Than Personal).
     • Records of inspections
     • Samples, photographs, witness statements, and other factual data to support documentation
     • Records of all weather conditions; this is particularly important for administering construction contracts
     • Copies of progress schedules
     • Applicable laboratory test reports
     • Copies of deficiency reports
This list is not all-inclusive; the good judgment and experience of the COR will determine
what should be maintained.
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Ensuring Quality Performance
The contractor has primary responsibility for
ensuring the quality and timeliness of their goods or
services in meeting contract performance standards.
As a COR, you will assess the contractor’s
performance to ensure it conforms to contract
performance requirements. Unsatisfactory
performance under a contract may jeopardize a
project or may directly impact an organization’s
ability to perform its mission.

So, remember to practice insight, not oversight. Your
role is to validate the contractor’s quality system, not
duplicate it. Later, you will learn more about
managing the critical areas of importance by using a
Quality Assurance Surveillance Plan (QASP) or
Performance Plan.

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Ensuring Quality Performance (continued)
In monitoring a contractor’s performance, the Government is
primarily interested in progress toward completion of the specified
requirements and the financial status of the contract. One valuable
tool in this area is reporting requirements. The Government may
require in the contract document that the contractor provide
progress or administrative reports. It must be remembered,
however, that the contractor will charge the Government for all
reports: therefore, report requirements should serve a useful
purpose for monitoring contractor performance.

Additional information may also be obtained in the form of letters
and phone calls between the contractor, and COR and Contracting
Officer. Visits to the contractor’s facilities are sometimes necessary
to evaluate the contractor’s performance. However, it is important
to maintain a reasonable balance. Although the Government has a
right and a duty to monitor contractor performance, Government
personnel may be subject to charges of interference in the
contractor’s operation or of making unreasonable demands if
discretion is not used in this area.                                     Page 6 of 50
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Technical Progress Reports
Progress reports should include all relevant details to
provide the COR needed information, but not become too
burdensome to prepare. Technical progress reports may be
submitted in letter form and may include:
    • Number and names of persons working on the project
    • Facilities devoted to the work
    • Number of man-days expended
    • Direction of the work
    • Latest observations
    • Problems encountered
    • Predictions and plans for the next reporting period
    • Actions required by the Government, if any




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Financial Status Reports
Financial reports are an important element in contract
administration, especially in cost-reimbursement type contracts.
They reveal the financial status of the contract and provide
information that is helpful in avoiding or anticipating cost
overruns. Financial reports provide both the COR and the
Contracting Officer with a means of checking the contractor’s
expenditures based on the negotiated cost elements and enable
them to match the costs incurred with the technical results
achieved.
The amount of detailed financial information required will vary,
depending on the type of contract involved, the nature of the
work or services being procured, and the method of payment.
For example, cost-reimbursement contracts require closer
monitoring by the COR so that the Government does not pay
excess costs for the end product either because of a contractor’s
inefficiency (e.g., missed schedules, unacceptable reports, etc.),
or as a result of unforeseen problems which, if promptly
addressed, could have prevented excess costs.
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Earned Value Management for Services
Depending on the type of contract and its complexity, Earned
Value Management (EVM) is an excellent program management
tool that integrates the technical, cost, and schedule parameters
of a contract. During the planning phase, an integrated baseline
is developed by time phasing budget resources for defined work.
As work is performed and measured against the baseline, the
corresponding budget value is “earned”. From this earned value
metric, cost and schedule variances can be isolated and
analyzed.

From these basic variance measurements, the program manager
can isolate significant drivers, forecast future cost and schedule
performance, and most significantly, construct corrective action
plans to get the project back on track. EVM therefore
encompasses both performance measurement and performance
management. It provides significant benefits to both the
government and the contractor program manager.
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Earned Value Management for Services (continued)
EVM is discouraged on firm-fixed price, level of effort, and time and materials efforts,
including contracts, subcontracts, intra-government work agreements, and other
agreements, regardless of dollar value and should only be implemented on cost or
incentive contracts, subcontracts, intra-government work agreements, and other
agreements that are valued at or greater than $20 million. For more details, refer to
the Department of Defense memorandum on the issue.

For additional general information on EVM, consult the DoD EVM Implementation
Guide located on the COR Community of Practice, and DAU's online Fundamentals of
Earned Value Management course (BCF 102).




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Technical Risk Management
Technical risk management is an organized, analytical process to identify:

     • What can go wrong during a technical development effort
     • The consequences if something does go wrong
     • A method of either preventing or managing the resulting problems

Program managers and other acquisition managers must continually assess program
risks. Risks must be well understood, and risk management approaches developed,
before decision authorities can authorize a program to proceed into the next phase of
the acquisition process.




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Technical Risk Management (continued)
To assess and manage risk, program managers and
other acquisition managers use a variety of
techniques, including technology demonstrations,
prototyping, and testing and evaluation. Risk
management encompasses identification,
mitigation, and tracking and control procedures
that feed back though the program assessment
process to the program's decision authorities.

The COR on these types of complex contracts
stays in close touch with the program’s risk
manager, and is often a member of the risk          grahic with the words Plan, Track,
management integrated process team (IPT).           Control, Identify, Analyze forming a
                                                    circle each with an arrow pointing
                                                    to the next word in the circle. It is a
                                                    continuous loop. In the center of
                                                    the circle is the word communicate.


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Deliverables
As previously stated, you are responsible for determining
whether products delivered or services rendered by the
contractor conform to the technical requirements of the
contract. In discharging this responsibility, the COR should
keep in mind that, once a contractor’s work has been
formally accepted, the contractor is excused from further
performance or correction of work that has already been
accepted, should it prove to be unsatisfactory (except for
latent defects). These are defects that are not immediately apparent
upon delivery of the item.

In some contracts, the end result or deliverable is a report,
such as a study. The COR is responsible for conducting a
technical review of the report, comparing it to the
requirements set forth in the contract statement of work
and applicable specifications. Where appropriate, you
should solicit the comments and concurrence of other
appropriate technical experts and/or from other affected
program personnel. Any required revisions must be
provided to the contractor through the Contracting Officer.
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Deliverables (continued)


In the event that the work is deemed unsatisfactory, you
and the Contracting Officer must determine what further
actions are required, seeking the advice of legal counsel if
necessary. You should provide written notification to the
Contracting Officer when the contract work has been
judged complete and technically acceptable, so that the
Contracting Officer can communicate acceptance to the
contractor.




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Contractor’s Quality Control Plan


As already discussed, the contractor is responsible for contract performance. The
contractor may be required to develop a quality control plan to ensure delivery of supplies
and services that conform to contract requirements or otherwise rely on the contractor’s
internal procedures. However, the contract includes standard Government inspection and
acceptance clauses that require the contractor to:

• Provide and maintain an inspection system that is acceptable to the Government.

• Give the Government the right to make inspections and tests while work is in process.

• Keep complete records of its inspection work that are available for Government review.




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Contractor’s Quality Control Plan (continued)


You are the technical expert who will be reviewing the contractor’s quality control plan, if
required, to determine that the plan will ensure compliance with the contract terms and
conditions. A contractor’s quality control plan should be capable of the following key
activities:

          1. Monitor, measure, analyze, control, and improve processes
          2. Reduce product variation
          3. Measure/verify product conformity
          4. Establish mechanisms for field product performance feedback
          5. Implement an effective root-cause analysis and corrective action




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Quality Assurance Surveillance Plan

  The Quality Assurance Surveillance Plan
  (QASP) is a Government-developed and
  applied document used to ensure that
  systematic quality assurance methods are
  used in administration of the contract.

  The QASP details how and when the
  Government will survey, observe, test,
  sample, evaluate, and document contractor
  performance according to the Performance
  Work Statement (PWS). The QASP and the
  contractor's Quality Control Plan work      The PWS is a statement of the technical,
                                              functional and performance characteristics of
  together to ensure project performance      the work to be performed. It specifies the
  standards are met                           scope of the work to be performed under the
                                              contract.



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Quality Assurance Surveillance Plan (continued)

  The QASP is written concurrently with the PWS because what is written into
  the PWS influences what is put into the QASP. Additionally, development of
  the QASP will force the Acquisition Team to make sure that outputs and
  procedures in the PWS are measurable.

  The QASP focuses on the quality, quantity, timeliness, etc. of the
  performance outputs to be delivered by the contractor, and not on the steps
  required or procedures used to provide the product or services. Using
  quality assurance controls or surveillance specified in the QASP, the
  acquisition team can determine if contractor-provided service meets the
  quantity and quality standards required in the contract. The QASP is critical
  to smooth and effective contract administration and lays the groundwork for
  appropriate incentives.




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Quality Assurance Surveillance Plan (continued)

  Indicators and Standards in the QASP
  In its performance analysis, the acquisition team can identify possible
  performance indicators and standards. Some indicators and standards are
  more important to the service being provided than others. Now, the
  acquisition team must decide which indicators and standards to use. Let's
  begin with the selection of the performance indicators.

               Criteria for Inclusion of Performance Indicators in the QASP

  • Criticality of the process and its impact on mission outcomes
  • How frequently the performance indicator must be monitored
  • Adaptability of each indicator to overlap and check many kinds of outputs
  • Availability and cost of internal quality assurance manpower necessary to monitor
  each performance indicator
  • Cost of monitoring each performance indicator


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Quality Assurance Surveillance Plan (continued)
For each performance indicator and standard chosen, consider...

                                    Components of a QASP
Methods of              The mix of existing management information systems, random sampling, periodic
Surveillance            inspection, 100% inspection and customer feedback can be specified to properly monitor
                        performance and quality.

Sampling Guide          A sampling guide is a written procedure which states what will be checked, the Acceptable
                        Quality Level (AQL) and how the checking will be done. Using the sampling guide, the
                        Project Officer can accept or reject the service, based on the Acceptable Quality Level
                        (AQL).

Decision Tables         When a service has failed to meet Acceptable Quality Level (AQL), a decision must be
                        made as to who is at fault. A decision table is used for this purpose. The decision table
                        identifies different kinds of unsatisfactory performance, probable cause factors, and the
                        things from which these factors could result.

Checklists              Checklists as used to record what has been checked by a sampling guide and to record
                        information on contract items not covered by sampling.

We'll examine each of these components more closely on the following screens!


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Methods of Surveillance
The quality of performance can be determined from
government or contractor task- based or Management
Information System (MIS) reports or from government
observation of completed tasks. In some instances,
reports may be available in the form of information on
a contractor's performance against contract
requirements. Reports generally provide information
regarding various characteristics of tasks and can,
therefore, be used to determine acceptability of a
contractor's performance.

Many tasks are not included in reports, or are not
capable of being included in any reports that would
indicate the acceptability of the performed tasks. Such
tasks must be determined acceptable by physical
observation of the task attribute selected or by direct
input from customers using the service. Fortunately,
there are well developed surveillance methods. They
are discussed on the following screens.                                 Page 21 of 50
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Acceptable Surveillance Methods
Random or Stratified Sampling. With random sampling, services
are sampled to determine if the level of performance is
acceptable. Random sampling works best when the number of
instances of the services being performed is very large and a
statistically valid sample can be obtained. Stratified sampling
focuses on selected parts of total contractor output for
sampling. Computer programs may be available to assist in
establishing sampling procedures.
One Hundred Percent Inspection. Too expensive for most cases,
100% inspection is used for stringent performance requirements
when safety and health is on the line.
Periodic Inspection, Judgmental Inspection or Planned
Sampling. This method, sometimes called "planned sampling, "
consists of the evaluation of tasks selected on other than a
100% or random basis.
Customer Feedback. Requiring documentation and usually not a
primary surveillance method, customer input is a valuable
supplement to more systematic methods.
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Acceptable Quality Level

Whichever surveillance method is used, there should be an
Acceptable Quality Level (AQL) which defines the maximum
allowable leeway or variance from a standard before the
Government will reject a service. The AQL can be expressed
as a number, a percentage, or a quantity per number of units
inspected. An AQL does not imply that a contractor
intentionally provides defective performance. But, it does
recognize that defective performance sometimes happens
unintentionally. As long as the number of deficiencies does
not exceed the AQL, the Government will accept the service.
The contractor must, however, re-perform the services
whenever possible.




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Sampling Guides

If sampling is chosen as the surveillance method, a sampling guide is recommended. Click
on the links below to learn more about the component sections of the sampling
Performance            Contains data on acceptable/unacceptable performance levels and the task's
                       surveillance period.

Surveillance Method    Identifies method to be used for each task: random sampling, 100-percent
                       inspection, or periodic inspection.

Inspection Procedure   Explains what will be inspected, and how.

Sampling Procedure     Describes procedures for determining the actual samples to be observed.

Variations             Identifies any variations in performance requirements or evaluation
                       procedures permitted.

Lot Size               Represents actual number of times the task will occur during the
                       surveillance process. Express the lot size descriptively if number of
                       occurrences is indeterminable.

Sample Size            Would be the same as lot size for a 100% inspection. For random sampling,
                       sample size is calculated using statistical sampling techniques.
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Decision Tables

For some or all of the performance requirements listed
on the Performance Requirements Summary (PRS), it
may be desirable to create a decision table to aid the
evaluator in finding the source of problems identified
as a result of evaluations.

The decision table should list the symptoms of the
problem and identify the possible sources of the
problem as well as determine any contributing factors.

Decision tables are helpful to both the COR and the
Contracting Officer in determining what action is
appropriate when contract discrepancies are noted.
They are especially helpful if the discrepancy could
have resulted from the Government’s actions and not
those of the contractor.

Click here for a sample format of a Decision Table.
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Decision Tables

Sample format of a Decision Table.


                                     Decision Table

 If Contractor’s     Probable Cause         Which Could     Suggested Review
 Deficiency is:      Factors/Impacting      Result From:    Procedures and/or
                     Conditions are:                        Preventive Measures:




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Checklists

Checklists are used to record what has
been checked by a sampling guide. If a
sampling guide is not appropriate,
consider recording information in a
checklist. Click here for a sample
checklist.

In summary, the QASP guides
surveillance after contract award.
Contractor discrepancies are
documented and corrective action
taken.




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Checklists

Sample checklist.

                                 Surveillance Activity Checklist

   Contract Task   Contract   Performance   Acceptable   Method of      Date            Degree of
   or              Section    Standard      Quality      Surveillance   Accomplished    Compliance
   Deliverable




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Inspection and Acceptance Responsibilities

As part of your performance assessment
responsibilities it’s important to understand a few
key terms.
Inspection: Examining and testing supplies or
services (including, when appropriate, raw
materials, components, and intermediate
assemblies) to determine whether they conform
to contract requirements. Read your contract for
any specific inspection, testing or acceptance
requirements. In general inspection of supplies or
services may:
     • Occur any time prior to acceptance
     • Be announced or unannounced
     • Not unduly delay contractors work
     • Not include any direction to the contractor



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Inspection and Acceptance Responsibilities (continued)

Testing: This is the inspection activity that
determines the properties of items, including
their functional operation, by applying of
established scientific principles and procedures.




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Inspection and Acceptance Responsibilities (continued)

Acceptance: This is the act of an authorized
representative of the Government who assumes
ownership of identified supplies or services
rendered as partial or complete performance of
the contract. After which the contractor can no
longer be held responsible for unsatisfactory
effort, unless otherwise specified in the contract.

Acceptance can occur in two ways. The preferred
method is through the DFAS Wide Area Work Flow
– Receipts and Acceptance System (WAWF-RA).
WAWF-RA is a paperless system that enables
contractors to create and transmit invoices
electronically. Individuals authorized to accept
services then receive notification of pending
actions and can accomplish acceptance using
digital signature. The other method of acceptance
involves preparing a written receiving report.
                                                                         Page 29 of 50
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Inspection and Acceptance Responsibilities (continued)
Acceptance (continued)

If the services do not comply with the contract, a
notice of rejection should be provided to the
contractor. The COR can reject services if
authorized in your appointment letter. Otherwise,
you must recommend rejection to the contracting
officer. The rejection notice should contain the
reasons for rejection and a stated time period for
the contractor to reply.

You should notify the Contracting Officer
whenever services are rejected and provide
him/her with documentation on the number of
observations made, the number and type of
defects, actions taken to notify the contractor and
any corrective actions already taken by the
contractor. You can use the receiving report to
document the rejection.                                                 Page 30 of 50
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Inspection and Acceptance Responsibilities (continued)
Acceptance (continued)

Contractors will reply to a notice of rejection by submitting a proposal to repair or correct
the deficiencies, offer to provide an adjustment to cost or price as a basis for accepting
non-conforming services, or challenge the deficiency assessment. If you are authorized to
reject services, you may only approve a contractor’s proposed course of action to repair or
correct the deficiencies. Other courses of action that require a change in the contract (a
price reduction) or that result in a dispute (contractor challenges the assessment) must be
forwarded to the contracting officer for resolution.

The Contracting Officer will normally consult with you when considering the contractor’s
reply. You can provide advice on the appropriateness of the contractor’s corrective action
plan, the impact of accepting non-conforming services or whether or not the contractor’s
rebuttal is valid.




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Delays
As the individual delegated contract
responsibilities by the Contracting Officer, the COR
is required to notify the Contracting Officer about
a delay in the delivery or performance schedule
under the contract. The contractor is not liable for
any excess costs if the failure to perform the
contract arises from causes beyond the control and
without the fault or negligence of the contractor.

The COR should be able to correctly identify delays
in contract delivery or performance schedule. The
technical analysis should be sufficient to support
the action taken by the CO to remedy the delay.
The COR is often the individual responsible for
advising the CO of the delay.



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Delays (Continued)
There are three tasks that the COR will be required to perform in assisting the CO with a
delay under the contract:
Task One - Identify and Verify a Delay in Performance Under the Contract
Every contract includes a delivery or performance schedule. CORs should assist the CO
by performing two steps:
Step 1- Identify the Existence of a Delay
A delay has occurred if the contractor fails to perform in accordance with the delivery or
performance schedule in the contract, or the Government caused the contractor to stop
performing. The COR should review the contract for any applicable clauses and any
modifications to ensure the performance and/or delivery schedule was not previously
extended by the CO before identifying the situation and reasons for a delay.
Step 2 - Verify the Delay
The COR can confirm the delay by:
     • Obtaining feedback from Government individuals responsible for monitoring the performance and/or
     delivery schedule
     • Reviewing the notice and supporting documents from the contractor regarding the delay
     • Reviewing the contractor claim regarding the delay
                                                                                                Page 33 of 50
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Delays (Continued)
Task 2 - Notify the CO of the Technical Impact of the Delay
Once a delay is confirmed, the COR should prepare documentation to assist the
Contracting Officer in developing the Government's position on the delay.
Documentation should include facts and relevant information about the delay such as:
    • List of persons with factual knowledge of the delay
    • Description of the delay
    • History of performance, indicating:
           • When work under the contract began,
           • When work deviated from the performance, and
           • When the work stopped.
    • Other issues that may be covered in a technical analysis include:
           • Information that would support whether the delay was excusable
           • Contractor's progress to date and the remaining obligations
           • Estimate of a reasonable period of additional time to perform
           • Potential alternatives and resolution
           • Pros and cons of each such alternative (price, quantity, and quality)

                                                                                     Page 34 of 50
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Delays (Continued)
Task 3 - Assist the Contracting Officer in Evaluating Contractor's Response
CORs may be asked to assist the Contracting Officer in evaluating the contractor's
response. In their response, contractors may be asked to:

     • Substantiate the evidence of the delay
     • Substantiate the costs associated with the delay
     • Demonstrate that the delay was unreasonable
     • Demonstrate that the delay was void of any concurrent or commingled delays

Before allowing the contractor to recover costs as a result of the delay, the contractor's
response must provide verifiable documentation of the expenses incurred. The
Contracting Officer, with the assistance of the COR, is required to consider each expense
and determine if the contractor should receive compensation. Compensation may be in
the form of dollars or time extensions.


                                                                                 Page 35 of 50
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Delays (Continued)
Excusable Delays

Excusable delays are spelled out in specific contract
clause, for example ______________ .

A handy checklist is available to assist with your
evaluation of whether or not contractor delays
were excusable.You must rely upon your knowledge
of how the contract was executed and any
additional information that may affect your
determination of whether a contractor delay was
excusable. Before making a final decision, you must
be certain that the contractor had no control over
the circumstances that caused the delay. If you can
answer "Yes" to any of the questions on the
checklist, then the delay was probably excusable!

                                                                        Page 36 of 50
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Examples of excusable delays

Delays when neither the Government nor the contractor is responsible:
    •Acts of God
    •Unusually severe weather
    •Strikes and labor disputes
    •Public enemy causes
    •Causes beyond the control of the subcontractors and suppliers

Delays caused by actions taken by the Government official:
    •Direct the contractor to stop work
    •Make a change to the contract
    •Perform other acts within the Government's sovereign capacity

Delays caused by the Government's failure to act:
    •Make the site available when required
    •Process approvals
    •Obtain funding
    •Issue changes in a timely manner
    •Respond to contractor's requests
    •Furnish Government property when required
    •Inspect or accept when required

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Remedies for Poor Performance
The Contracting Officer has several remedies
available to address items or services which do not
conform to contract requirements. They will rely
heavily on your observation and documentation to
take the necessary actions. When unsatisfactory
contract performance is identified, you should
notify the Contracting Officer promptly so that
remedial steps can be taken. Silence on the part of
the Government could be interpreted by the
contractor as acceptance by the Government of
substandard products or services. Such situations
could adversely affect the Government’s right to
withhold payments, terminate for cause/default, or
otherwise exercise certain rights under the
contract.



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Remedies for Poor Performance (continued)
Unsatisfactory performance can be considered in degrees, and the Government’s
actions can be oriented to correct the unsatisfactory performance or to protect the
Government’s interest in situations where performance is so poor that it could lead to
the contractor’s default. Depending upon the Contracting Officer’s evaluation of the
seriousness of the unsatisfactory performance, he or she may:

• By letter or through a meeting, bring the particular deficiency to the attention of the contractor
and obtain a commitment for appropriate corrective action;
• Extend the contract schedule if excusable delays in performance is involved;
• Withhold contract payments in cases where the contractor fails to comply with delivery or
reporting provisions of the contract; or
• Terminate the contract for cause/default.




                                                                                            Page 38 of 50
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Remedies for Poor Performance (continued)
After a complete review of the situation, the Contracting Officer may send a
notice of failure of performance to the contractor. This notice, which officially
notifies the contractor of the delinquency, requires the contractor to inform
the Contracting Officer of the cause(s) of the delinquency so that a proper
determination can be made concerning continuation or termination of the
contract. In some cases Liquidated Damages (LDs) can be assessed against the
contractor performing the service. LDs are amounts agreed to and settled on
in advance that reflect the financial damage the government may incur if the
contract is not completed on time.

The “Stop Work Order” is used for negotiated contracts for Supplies, Services,
and Research and Development. It is imperative that the COR maintains
adequate records for any actions taken under the “Suspension of Work”
clause. Adequate records may reveal that the contractor contributed to the
suspension or the Government’s suspension was reasonable. COR records are
vital for determining the amount of costs that the contractor may be entitled
to, if the suspension is determined to be unreasonable.

FAR 52.242-15 is Stop Work clause. FAR 52.242-14 is Suspension of Work
clause. The students must scroll down the same link to get to the clause.

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Serious Performance Issues Leading to Contract Termination
A contractor’s failure to perform an action as required by the contract can be considered a
default in performance. The Contracting Officer is directed to immediately issue a formal
“cure notice,” which is to include a statement to the effect that contract payments will be
withheld if the default is not “cured” or is not determined to be excusable. A “cure notice”
from the Contracting Officer points out a deficiency in contractor performance and directs
that it be “cured” within a specified time—usually 10 days. Your documentation is critical
in supporting this action.

If the default or failure is not determined to be excusable or a response is not received
within the allotted time, the Contracting Officer initiates withholding action on all contract
payments and determines whether a termination for cause (for commercial items)
termination for default (for Government-unique items), or other action would be in the
best interest of the Government. When a determination is made that contract payments
should be withheld, the Contracting Officer will immediately notify the contractor in
writing that payments have been suspended until the default or failure is cured.

Contract terminations are addressed in FAR Part 49
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Serious Performance Issues Leading to Contract Termination (continued)
The Government also has a right to terminate a contract for default based upon the
contractor’s actual or anticipated failure to perform contractual obligations. Under a
default termination the contractor has a right only to payment for delivered and accepted
services. When acquiring items deemed to be commercial, default terminations are called
“Termination for Cause”.

The contractor is responsible to the Government for liquidated damages, administrative
costs caused by the termination, and reprocurement costs.




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Termination for Convenience of the Government
The Government has a unique right to terminate a
contract for convenience. Under the Terminations for
Convenience clause, the Government has the right to
cancel a contract when to do so is in the best interest
of the Government, notwithstanding the contractor’s
ability and readiness to perform. A Termination for
Convenience may occur when the item or service is no
longer needed, the contract is no longer affordable, it
is impossible for the contractor to perform as
specified in the contract (through no fault of the
contractor) or there has been a radical change in the
requirement that goes beyond the contractor’s
expertise.




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Termination for Convenience of the Government (continued)
A Termination for Convenience allows the contractor to submit a settlement proposal
for the work that has been accomplished under the contract up to the effective date of
the termination to include the cost associated with any work in progress. A settlement
agreement is then negotiated between the Contracting Officer and the contractor. The
contractor is entitled to be reimbursed for costs for work completed, costs to settle the
termination, and a reasonable profit. The contractor also agrees to accept reasonable
profits instead of "anticipatory" profits if the Government terminates the contract prior
to completion. The settlement agreement is then finalized with a contract modification.

The COR’s responsibilities in a Termination for Convenience, Termination for Default or
a Termination for Cause are essentially the same.




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Identify Issues That May Lead to Termination
Early identification of a problem, whether poor performance, a change
in requirements, or a lack of continued funding, will minimize the
ultimate cost of a contract termination. Ensure that complete and
thorough documentation is maintained. Notify the Contracting Officer as
soon as possible that a termination may be required. Assist the
Contracting Officer by providing technical expertise during the
termination process to include assisting in negotiations, if required.

Situations may arise when the work contracted for does not run to
completion. Three standard contract clauses are designed to cover this
eventuality: the “Termination for Convenience of the Government”
clause and the “Cause/Default” clause. Both types of terminations can
be either partial or complete; that is, all or any part of the work can be
subject to the termination. The portion that is not terminated must be
completed by the contractor. The contractor has no contractual right to
decide that the remaining work is insufficient to merit its attention and
then opt not to continue with it. No matter what type of termination is
issued, or the extent of the terminated portion of the work, the decision
to terminate is a unilateral right of the Government.                        Page 44 of 50
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Lesson Summary
During this lesson we learned about the:

    • Importance of proper file documentation
    • Documents to be included in the COR file
    • Methods of performance assessment available to the COR
    • Remedies for poor performance


Now it's time to take a brief Knowledge Check to evaluate your understanding of the
material!




                                                                              Page 45 of 50
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Knowledge Review
Fill in the box below with the correct response (use the four letter abbreviation), then click
the Submit button.

The __________________ is the document that details how and when the Government
will survey, observe, test, sample, evaluate, and document contractor performance.




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Knowledge Review
The document is called the QASP (Quality Assurance Surveillance Plan). It is used to assess
Contractors performance against the standards identified in the performance work
statement (PWS) or statement of work (SOW).




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Knowledge Review
Which one of the terms below is frequently used to define the maximum allowable leeway
or variance from a standard before the Government will reject a service

         Quality Assurance Surveillance Plan

         Quality Deficiency Report Number

         Acceptable Quality Level

         Total Quality Management Ratio




                                                                           Page 47 of 50
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Knowledge Review
You got it! The AQL can be expressed as an absolute number or percentage




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Knowledge Review
True or False: The dollar value of liquidated damages to be assessed against a contractor
for failing to meet a specific performance standard is typically determined during contract
performance.

          TRUE

          FALSE




                                                                                Page 48 of 50
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Knowledge Review
Correct answer is FALSE. Liquidated damages are amounts agreed to an advance when the
contract is signed. These amounts should reflect the financial damage the government
may incur if the contract is not completed on time.




                                                                          Page 48a of 50
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Knowledge Review
Select three types of terminations used in Government contracting from the choices
below.

         Termination at Contractor

         Termination for Convenience

         Termination for Cause

         Termination for Default




                                                                             Page 49 of 50
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Knowledge Review
That's right. Termination at contractor request is not used in Government
contracting. Terminations can be either partial or complete.




                                                                            Page 49a of 50
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                  You have completed the content for this lesson.
     To continue, select another lesson from the Table of Contents on the left.
If you have closed or hidden the Table of Contents click the View Table of Contents
                   button at the top in the Atlas navigation bar.




                                                                           Page 50 of 50
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                                     Contract Administration Essentials

Introduction and Objectives
Proper and timely administration of a contract is the other
essential element of the Mission Performance Assessment
phase of the contracting process. Paying the contractor for
services rendered, providing oversight of government
property, and exercising options for continued performance,
are all part of the administration process.

After completing this lesson, you will be able to:
     • Identify proper invoice requirements
     • Distinguish between a “change” and a “constructive change”
     • Identify the COR responsibilities regarding Government
     Furnished Property




                                                                           Page 1 of 34
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Contract Administration Overview
Contract administration involves the activities performed by Government officials after a
contract has been awarded. It encompasses all dealings between the Government and
contractor from the time a contract is awarded until the work has been completed and
accepted by the Government, payment made, and any disputes resolved.

The focus of contract administration is on obtaining supplies and services of the required
quality and within the expected cost. Although legal requirements of the contract take
precedence, the skill and judgment of the Contracting Officer and Contracting Officer's
Representative are often required to effectively protect the Government's interest during
the contract administration process.

Contract Administration is discussed in FAR Part 42




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Invoice and Payment Procedures

Cash flow is the lifeblood of any company. Just like us,
they have bills and employees to pay and need to get the
cash back from goods or services they have provided. The
Congress has recognized this need and passed the
Prompt Payment Act that specifies that if the
Government can not make payment on a valid contractor
invoice within a specified period of time, the Government
is liable to pay interest on the amount of the payment
computed at the Federal Funds rate. Your role in this
process is to ensure invoices receive prompt attention
and are reviewed for accuracy.

Let's now examine some important terms regarding
invoice and payment procedures.

252.232-7003 (WAF)

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Invoice and Payment Procedures (continued)
Invoice
A billing statement for supplies or services accepted by
the Government.
Invoice payment
Government disbursement of monies for supplies or
services that have been accepted by the Government.
Prompt Payment
All solicitations and contracts must specify payment
procedures, payment due dates, and interest penalties
for late invoice payment. Unless specifically prohibited by
the contract, the contractor is entitled to payment for
accepted partial deliveries of supplies or partial
performance of services that comply with all applicable
contract requirements and for which prices can be
calculated from the contract terms.

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Invoice and Payment Procedures (continued)

Invoice Payment Due Date: The later of either the 30th day after the designated billing
office has received a proper invoice from the contractor, or the 30th day after
Government acceptance of supplies delivered or services performed by the contractor.


Proper Invoice is submitted in original and three copies and must include:

• Name and address of the Contractor
• Invoice date and number
• Contract number, contract line item number and, if applicable, the order number
• Description, quantity, unit of measure, unit price and extended price of the items delivered
• Shipping number and date of shipment, including bill of lading number and weight of shipment if
shipped on Government bill of lading
• Terms of any discount for prompt payment offered
• Name and address of official to whom payment is to be sent
• Name, title, and phone number of person to notify in event of defective invoice
• Taxpayer Identification Number (TIN), if required in the contract
• Electronic funds transfer (EFT) banking information



                                                                                        Page 5 of 34
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Wide Area Workflow

The 2001 Defense Authorization Act established the
requirement that all contract invoicing must be done
electronically. In March 2003, DoD implemented this
requirement via new DFARS clause 252.232-7003.
The WAWF is envisioned to ultimately be the single
DoD system for all vendor invoicing and Government
acceptance actions (where required). Processing
invoices electronically will reduce the likelihood that
the Government will have to pay an interest penalty,
however, it is still important for you to understand
your role in processing these invoices.

                                                 Wide Area Workflow diagram shows Invoice,
                                                 Contract, and DD Form 250 at center, emanating
                                                 outward to Vendors, Other DoD Users,
                                                 Accounting, Government Inspection and
                                                 Acceptance, DFAS, and Finance.

                                                                                  Page 6 of 34
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Interest Penalties
An interest penalty is paid automatically by the
designated payment office, without request from the
contractor, if payment is not made by the due date.
For the purpose of computing an interest penalty
that might be due to the contractor, Government
acceptance is deemed to have occurred
constructively on the 7th day after the contractor
delivered the supplies or performed the services in
accordance with the terms and conditions of the
contract.

If actual acceptance occurs within the constructive
acceptance period, the determination of an interest
penalty will be based on the actual date of
acceptance. Under cost-reimbursement contracts for
services, interest payments are due when interim
payments are made more than 30 days after the
designated billing office receives a proper invoice.

                                                                       Page 7 of 34
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Voucher and Invoice Review
The Contracting Officer is responsible for monitoring invoice payments in accordance with
the terms and conditions of the contract as well as local policy and guidance. This
responsibility is usually delegated to the COR.

For DoD Contracts, DFARS 242.803(b) assigns responsibility for approving interim
vouchers and reviewing final vouchers on cost reimbursable, the cost reimbursable
portion of fixed price contracts, time-and-materials and labor-hour contract to the
contract auditor. The Contracting Officer (or Administrative Contracting Officer) is
responsible for approving interim payment requests on fixed-price contracts and final
payments on all contract types. The COR should coordinate any issues related to cost
with the cognizant DCAA office through the Contracting Officer.

You must always remember that payment to a contractor implies work is progressing
according to the contract; therefore, you must be assured that the Government is getting
what it is paying for. This is accomplished by monitoring contractors’ performance
through review of monthly reports, onsite visits, and surveillance reviews. It is vital that
you review these billing statements thoroughly and in a timely manner.



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Voucher and Invoice Review (continued)
Your recommended approval of a voucher or invoice implies that to the best of the COR's
knowledge, the nature, type, and quality of effort or materials being expended are in
general accord with the progress of work under the contract. You provide support to the
Contracting Officer to ensure that payments are made for performance in accordance with
the contract terms and conditions.

For Cost or Fixed Priced Incentive type contracting you will need to review the invoices for:
     •Direct Labor hours
     • Overtime approval
     • Direct material usage
     • Travel
     • Variance between ordered and actual hours
     • Verification of accuracy of any high expenditures

You should verify costs by reviewing:
     • Canceled checks
     • Invoices (allowable costs for cost type contracting contracts)
     • Job time cards

                                                                                 Page 9 of 34
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Voucher and Invoice Review, Approval and Processing
The Office of Federal Procurement Policy, in its “Guide for Best Practices”, addressed its
concerns regarding voucher/invoice review, approval and processing and provided a
recommended “best practice” for each of these concerns. The following Concerns, with
associated Best Practices, are from the “Guide for Best Practices” on the COR site of the
Acquisition Community Connection.

1. CONCERN: Inconsistent review and approval by contracting officials of vouchers for cost
reimbursement contracts prior to payment.
Click for BEST PRACTICE.

2. CONCERN: No assessment of reasonableness of direct cost when approving vouchers
under cost- reimbursement contracts (only technical progress and product or service
quality are reviewed).
Click for BEST PRACTICE.

3. CONCERN: No verification that approved indirect cost rates were being used.
Click for BEST PRACTICE.



                                                                                 Page 10 of 34
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Voucher and Invoice Review, Approval and Processing

1. BEST PRACTICE: More in depth review of vouchers under cost reimbursement contracts is needed to
ensure that costs are not being incurred prematurely and relate to progress under the contract.
Although agencies may have different procedures to review and approve vouchers, some agencies
have successfully avoided problems by having Contracting Officers review each voucher.

2. BEST PRACTICE: Some agencies conduct a financial management review of the contractor’s current
invoices during contract performance. The review is conducted at the contractor’s location. The review
helps the agency determine if the contractor’s accounting and billing systems and internal control
policies and procedures are adequate to support costs claimed on the invoice. The review that may be
done by in- house officials with audit experience results in timely recovery of overpayments and lost
interest, settles cost allowable issues, and other matters associated with the contractor’s invoice. The
review can fill the gap between the initial invoice review and the contract audit.

3. BEST PRACTICE: If there are large reimbursement contracts where a resident DCAA auditor is at the
contractor’s location, consideration should be given to sending a copy of the voucher directly to DCAA
for review prior to payment. This reduces the burden on the Contracting Officer and helps detect
unallowable costs. Subsequent reviews by the COR help the Contracting Officer determine if contractor
performance is commensurate with the amount shown on the voucher.




                                                                                          Page 10a of 34
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Change Management

Many things can impact a contract once it has been
awarded. The agency might need to reduce or increase
quantities of supplies or services, the requirement could
disappear, performance levels could change, or any number
of unanticipated events may occur. A contract modification
is any written change in the terms of the contract. Only
Contracting Officers, acting within the scope of their
authority, can execute contract modifications on behalf of
the Government. The Contracting Officer must not execute
a contract modification that causes an increase in funds
required for performance without having first obtained a
certification of funds availability.




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Contract Modifications
A contract modification is a written alteration of the
contract’s terms and conditions, (e.g., work statement,
period of performance, quantity, price or other conditions
with the contract). During the contract life, different types
of modifications may be necessary to incorporate new
requirements or to handle problems that develop after
contract award. Contract modifications must be made in
writing by the Contracting Officer in order to preclude any
misunderstanding between the parties concerning work to
be performed.

Generally there must be consideration whenever a contract
is modified. “Consideration” is the benefit each party
confers upon the other for the modification. The
requirement for consideration is that no officer or employee
of the Government may alter a contract to the prejudice of
the Government unless the Government receives
corresponding, tangible contractual benefits.

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Contract Modifications (continued)
Contract modifications are of two general types (click links):

UNILATERAL            A contract modification signed only by the Contracting Officer. They
                      are used to:
                      • Make administrative changes
                      • Issue change orders
                      • Make changes authorized by clauses other than the "Changes" clause

BILATERAL             A contract modification signed by both the contractor and the
                      Contracting Officer. They are used to:
                      • Make negotiated equitable adjustments resulting from the issuance of a
                      change order
                      • Definitize letter contracts
                      • Reflect other agreements of the parties modifying the terms and conditions
                      of contracts

A letter contract is a written preliminary contractual instrument that authorizes the contractor to
begin immediately manufacturing supplies or performing services before a formal contract is in place.


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Contract Modifications (continued)

There is really no such thing as a “no cost” extension to the period of performance of a
contract. If the Government allows a long period of time for delivery, the “cost” to the
Government is its right to delivery of the product or service by the date agreed upon. The
law requires the contractor to provide some form of consideration for the Government’s
giving up of that right.


Certain administrative changes may be made without consideration provided the contractor’s rights
are not affected; e.g., change in the appropriation data, paying office, or Appoint a COR; here’s an
example of a COR Appointment Letter. Once a valid contract is executed, no adjustment can be made
to its terms merely because either the contractor or Government is unhappy with the arrangement in
a general sense.




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Types of Contract Modifications

Changes
The contract clause entitled “Changes” distinguishes Government contracts from other
contracts. Unlike contracts in the private sector where a company may be bound by the
acts of agents with apparent authority, in federal procurement the Government may only
be bound by the actions of employees with actual authority. Often disputes between the
Government and the contractor occur when the Government representative who ordered
the change did not have the actual authority to do so. This places the burden on the
contractor to ensure that the person ordering the change has actual authority.

The “Changes” clause provides, in essence, that the Contracting Officer may, by written
order, make any change in the work within the general scope of the contract. Such
changes may result also in an appropriate upward or downward equitable adjustment in
the contract price, delivery schedule, or time for performance. Legally, a change outside
the scope of the contract is a new procurement that the Contracting Officer is not
authorized to order and the contractor is not obligated to perform. Change orders are
accomplished by issuing written change orders on Standard Form 30, Amendment of
Solicitation/Modification of Contract.
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Changes (continued)

Moreover, the "Changes" clause provides that any
dispute about the equitable adjustment is a matter
covered by the "Disputes" clause, and nothing in
the clause excuses the contractor from proceeding
with the contract as changed. This power, unique to
Government acquisition, allows the Contracting
Officer to alter performance without unnecessary
interruption and to subsequently determine the
appropriate contract price adjustment.




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Changes (continued)

The changes permitted under the "Changes" clause vary by contract type and category.
Under a Fixed-Price Contract for Supplies, changes can be made in:

     • Drawings, designs, or specifications when the supplies are specially manufactured
     for the Government
     • Method of shipment or packing
     • Place of delivery

If the contract is a Fixed-Price Contract for Services, changes can be made in:

                            services to be performed
     • The description of the
     • Time of performance (hours of the day, days of the week)
     • Place of performance



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Constructive Changes

Much litigation involving changes concerns the authority of
Government employees who have not been officially
designated as Contracting Officers to legally commit the
Government to contract changes. Generally, persons who
are not Contracting Officers have only limited authority to
represent the Contracting Officer, for example, to inspect
the service being provided for the Government. They do not
have the authority to order or authorize changes.
Statements, acts, or inaction by these employees may be
deemed “constructive changes” that can nevertheless bind
the Government. Constructive changes happen by your
actions or inactions and must be avoided. Contracting
officials may be held personally liable for cost incurred was
caused by their direction.




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Avoiding Constructive Changes

                     Careful preparation of initial contracts (removing ambiguities
                     or inconsistencies from the specifications) is the first step in
                     avoiding constructive change. This includes careful drafting of
                     any modification. The Government often does not consider
                     the magnitude of the effect a modification will have on the
                     contractor. For example, when an equitable adjustment is
                     negotiated, the Government does not allow the contractor
                     enough additional time to perform. This, in turn, creates a
                     constructive change for which an adjustment will eventually
                     become due.

                     The second step for avoiding constructive changes is for you
                     to know what the contract requires. Both erroneous
                     interpretation of specifications and overly strict inspection
                     tend to result from a failure to read the contract carefully.
                     When decisions are made based on what “everybody” knows
                     the specifications ought to say rather than on what they really
                     do say, claims frequently result.

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Disputes

The Disputes procedure was restructured and made
statutory by the Contract Disputes Act of 1978, 41
U.S.C., section 601 et. seq. This Act requires the
disputes procedure to be used by all executive agencies
but permits appeal of Contracting Officer decisions to
the United States Court of Federal Claims as well as
agency boards. The Act establishes procedures and
requirements for asserting and resolving claims subject
to the Act. In addition, the Act provides for:

    • Payment of interest on contractor claims
    • Certification of contractor claims
    • Civil penalties for contractor claims that are
    fraudulent or based on misrepresentation of fact

It is the Government’s policy to try to resolve all
contractual issues in controversy by mutual agreement
at the Contracting Officer level.

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Disputes (continued)

Alternative Dispute Resolution procedures increase the opportunity for relatively
inexpensive and expeditious resolution of issues in controversy. It is mandatory that ADR
be offered when there is a dispute but not mandatory for the parties to use. It is, indeed,
voluntary. In order to use ADR, the following essential elements must exist:
    • Existence of controversy
    • A voluntary election by both parties to participate in the ADR or process
    • An agreement on alternative procedures and terms to be used in lieu of formal litigation
    • Participation in the process by officials of both parties who have the authority to resolve the
    issue in controversy



  “While problem resolution techniques and the use of third party neutrals are important, we also
   encourage internal process design to better integrate ADR approaches with normal day to day
 business operations. This should facilitate early problem intervention and allow business leaders to
   play a greater role in deciding when and how to resolve fundamental business related issues.”

                        Frank J. Anderson, Jr. Brigadier General (Ret.), USAF
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Contract Options
Options provide the Government with the ability to order additional
quantities or additional periods of service beyond those established in
the initial contract. Normally, options pre-establish the quantity, price,
and delivery schedule for these additional products or services. Options
are used when there is a clearly defined quantity or requirement for the
product or service, but due to funding rules or other restrictions, the
goods or services cannot be ordered at the time of contract award. Prior
to exercising an option, the Contracting Officer, with the assistance of
the client, must determine that this is in the best interests of the
government.

The Contracting Officer must ensure that the conditions present when
the original products or services were ordered did not change to a
degree that would make the initial procurement strategy inappropriate.
At a minimum, market research must be conducted to look at the
current extent of competition, particularly from small and small
disadvantaged business firms, the prevailing market price for similar
goods and services, and the current status of the incumbent contractor
to include his or her financial and management capacity, and the quality
of the goods and services that are being provided.
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Managing Government Property
Normally, contractors furnish all equipment and material necessary to
perform Government contracts. However, there are times when it is in the
best interest of the Government to provide Government furnished property
to the contractor. For example, the Government usually provides office
space, computers and office furniture to contractor employees performing
at the Government site. When Government property is provided, the COR
frequently will be asked to advise or assist the Contracting Officer in
administering its use.

As a COR, you should ensure that an inventory is conducted prior to signing
the equipment over to the contractor, ensure that Government property is
delivered to the contractor on time so as not to delay contractor
performance, and that adequate property control procedures are in effect.
During contract performance, report loss, damage or destruction of
Government property to the Contracting Officer. Also report any incidents
of unauthorized use. You should supervise the return of Government
property upon contract completion or when no longer required by the
contractor. To learn more about the categories of Government property,
please visit DAU's COR CoP to the Government Property CoP.
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Contractor Travel
In evaluating contractor requests for travel, the COR will assure that travel is in
accordance with the performance of the contract and that the contract authorities such
actions. In evaluating contractor requests for travel, as a minimum, the COR will assure
that:
    •The proposed travel is essential to the effective performance of the contract
    •The contractor and any subcontractor have screened reimbursement travel to avoid
    nonessential participation in conferences, meetings, or conventions
    •The contractor and any subcontractors are limiting the mode of travel to the most economical
    method and are relating travel to production time
    •When unable to use any Government contracted carrier, the contractor and any
    subcontractors are making reservations for air travel sufficiently in advance to obtain business
    class or coach rates
    •The contractor and any subcontractors limit the cost of travel to federal per diem rates




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Security
If a contract involves access to information by contractor personnel,
which is determined by local personnel to be confidential or
proprietary, a security clause will be included in the contract.

Access to Security Information

As soon as it is determined that a contractor will require access to
security information, the COR should determine, in consultation with
appropriate Agency officials, levels of clearances for personnel and for
the facilities involved in the classified aspects of the contract.

Requests for Classified Documents

The COR will evaluate all requests for classified documents. Requests
received by the Contracting Officer will be forwarded to the COR for
certification of the need-to-know and transmittal to your organization
or bureau security office for approval. The COR should also ensure that
visit authorization requests are received from contractors in advance of
and vice versa, contractor visits/access to information.
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Contract Work Hours and Safety Standards Act
Depending on the nature of your contract and your designation letter,
another area you may get involved with is review of the contractor’s
time charges. The Contract Work Hours and Safety Standards Act (40
U.S.C. 327-333) requires that certain contracts contain a clause (FAR
52.222-4) specifying that no laborer or mechanic doing any part of the
work contemplated by the contract shall be required or permitted to
work more than 40 hours in any work week unless paid for all
additional hours at not less than 1-1/2 times the basic rate of pay.

Violations of the Act may be detected during a labor interview; a part
of the interview requires the employee to divulge the total number of
hours he has worked during the previous week. Contractors in violation
of this contract provision must pay back wages owed the employee plus
liquidated damages per day per affected employee. This amount can be
withheld from monies owed the contractor under the instant contract
or from any other contract that the contractor has with the federal
government.

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Documenting Past Performance

Capturing how well a contractor performs on each
contract is an important part of performance
assessment process. This information goes into an
automated system called the Contractor
Performance Assessment Reporting System
(CPARS). We use this information as one of the
factors when selecting future contractors during the
source selection process. Your input to the
Contracting Officer is very important in
documenting a contractor’s performance.




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Documenting Past Performance (continued)

Your CPARS assessment should mirror the contractor’s performance results documented
during the QASP process. This assessment is done at the completion of a contract or at
intervals specified by buying agencies, and should document the contractor’s record of:
    • Conforming to contracting requirements and standards of good workmanship
    • Forecasting and controlling costs
    • Adherence to contract schedules
    • History of reasonable and cooperative behavior and commitment to customer satisfaction
    • Business-like concern for the interest of the customer

Note Of Caution               Your documentation must be objective and focus on how
                              well the contractor performed the actual requirements of
                              the contract. Documentation should include both good
                              and/or poor performance and must be factual.




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Contract Close-Out

Contract closeout actions are primarily the Contracting Officer's responsibility, but your
assistance may be required to certify that all services have been rendered in a satisfactory
manner and all deliverables are complete and acceptable. Your assistance is indispensable
when disputes, litigation, patent and copyright problems, etc., are involved.
Upon completion of the contract, the Contracting Officer must ensure the following
actions have been accomplished:
1. Services have been rendered
2. Articles have been delivered and accepted
3. Payments and collections have been made
4. Releases from liabilities, obligations, claims have been obtained from the contractor
5. Assignments of refunds, credits, etc., have been executed by the contractor
6. Administrative actions have been accomplished - These include the settlement of disputes, protests, and
litigation; determination of final overhead rates; release of funds; and disposal of property.
7. Excess funds de-obligated
8. Contract file is properly documented
Failing to complete contract closeout in a timely manner decreases the chance of re-directing unused
contract funds. It also increases the staff time needed to complete the closeouts, as the passing of
time makes it difficult to obtain the required information.

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Invoice/Voucher Payment Exercise

For this exercise you will determine the correct invoice reduction due to the contractor’s
failure to perform all required tasks. The contractor’s invoice for a janitorial contract for
the 6th month of performance is shown below:
Invoice:
November 1, 2008

Profitable Building Services, Inc.
919 Crosstown Blvd.
Capital City, DR 11811

Terms: Net 20
For the period of: August 1-31, 2008

Quantity     Description                             Amount Due
1 Month      Janitorial and Related Services         $31,311.00

Total Due                                 $31,311.00

Please remit to:    Profitable Building Services, Inc.
                    P.O. Box 666

Click here to launch a window with the content of the exercise.


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Invoice/Voucher Payment Exercise
There is written documentation from your COR file indicating that the contractor failed to accomplish
all required tasks during this month. The documentation indicates that the failures were in stairway
and elevator cleaning. The inspection report reflected the following WAS accomplished for the 4 weeks
of the month:

             1st week: Sweep and dust stairways 2 times; clean elevators 1 time
             2nd week: Sweep and dust stairways 0 times; clean elevators 0 times
             3rd week: Sweep and dust stairways 1 time; clean elevators 0 times
             4th week: Sweep and dust stairways 1 time; clean elevators 1 time

A review of the contract's performance requirements reveals the following:

     •Weekly requirement for stairways is three times, at $2.07 per time/failure, there are 53
     stairways, and
     •For elevators are five times at $4.98 per time/failure, there are 6 elevators.

Questions:

          1. What are (if any) invoice discrepancies?
          2. Based on your documentation and contract terms and conditions, what is the amount
owed to contractor?
          3. Should the contractor be notified prior to reduction of invoice payments?
                                                                                         Page 30a of 34
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Invoice/Voucher Payment Exercise
There is written documentation from your COR file indicating that the contractor failed to accomplish all required
tasks during this month. The documentation indicates that the failures were in stairway and elevator cleaning. The
inspection report reflected the following WAS accomplished for the 4 weeks of the month:
             1st week: Sweep and dust stairways 2 times; clean elevators 1 time
             2nd week: Sweep and dust stairways 0 times; clean elevators 0 times
             3rd week: Sweep and dust stairways 1 time; clean elevators 0 times
             4th week: Sweep and dust stairways 1 time; clean elevators 1 time

A review of the contract's performance requirements reveals the following:
       •Weekly requirement for stairways is three times, at $2.07 per time/failure, there are 53 stairways, and
       •For elevators are five times at $4.98 per time/failure, there are 6 elevators.

Questions and Answers:
What are (if any) invoice discrepancies? The contract number is omitted and there is no POC phone number.

Based on your documentation and contract terms and conditions, what is the amount owed to contractor?
$29,895.48, as shown below:
Stairways: 53 flights x $2.07 = $109.71 per time/failure; 8 failures x $109.71 = $877.68 deducted for Stairways
(require 3 times weekly).
Elevators: 6 elevators x $4.98 = $29.88 per time/failure; 18 failures x $29.88 = $537.84 deducted for Elevators (require
5 times weekly).
$31,311 - $877.68 - $537.84 = $29,895.48.

Should the contractor be notified prior to reduction of invoice payments?
Yes. Sound business judgment and professional courtesy should rule.

                                                                                                       Page 30b of 34
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Lesson Summary
This is the end of the Assessing Performance--Getting Mission Results! lesson. In this topic,
you learned about:

     •Proper invoice requirements
     •The distinction between a “change” and a “constructive change”
     •COR responsibilities regarding Government Furnished Property


Now it's time to take a brief Knowledge Check to evaluate your understanding of the
material presented in this lesson!




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Knowledge Review
True or False: Options pre-establish the quantity, price, and delivery schedule for additional
products or services. Before exercising an option, the Contracting Officer must ensure that
the conditions have not changed from the initial procurement strategy (i.e., market
conditions and contractor’s financial and management capability).



                    TRUE
                    FALSE




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Knowledge Review
Correct answer is TRUE. Options are exercised with a Determination and Findings(D&F)
document, to be placed in the permanent contract file.




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Knowledge Review
Failing to complete contract closeout in a timely manner (select the best response):



                    Permits the Contracting Officer to obtain more concise and complete
                    information on the contract history

                    Decreases the chance of using any excess funding

                    Both the first and second choices are correct

                    Neither the first nor second choices are correct




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Knowledge Review

In some circumstances excess funds from the closed-out contract can be de-obligated and
then used for other requirements.




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                      You have completed the content for this lesson.
         To continue, select another lesson from the Table of Contents on the left.
If you have closed or hidden the Table of Contents click the View Table of Contents button
                           at the top in the Atlas navigation bar.




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                                 Contracting Officer’s Representative Training
                                 Planning the Acquisition

Lesson Objectives


After completing this lesson, you will be able to:
     •Identify the procedures and elements used in planning the acquisition
     •Recognize the importance of competition




                                                                              Page 1 of 30
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                                  Planning the Acquisition

Contracting Officer's Representative Training Video Presentation

Show text

Congratulations John. Your assignment as a COR on this contract is coming to a close, and
you've done a great job. We need to start thinking about the follow-on contract. Taking
the time to plan now will pay off later. There are several important steps that we must go
through as a team; these steps will help to determine whether we move the new
acquisition forward. The information obtained from conducting market research or by
having early exchanges with industry can be are compiled and analyzed to determine
what acquisition strategy is most appropriate in meeting the Government’s needs and to
help you define your requirements documents. Let’s talk about these key elements for a
second.




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Dimensions of an Acquisition

Federal law defines the acquisition methods available
to the Contracting Officer. Although these methods
differ substantially, they have in common the goal of
enhancing competition in contracting and using
commercial sources to the maximum extent
practicable.

Full and open competition in Federal contracting is
the norm. Deviations from the norm are possible but
require careful justification and high-level approval.
In short, competition will usually provide the
Government with the best deal. Acquisition can be
looked at in three dimensions: the degree of
competition, the method of solicitation, and the type
of contract ultimately awarded.


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Competition in Contracting

It is in the Government’s best interests to maximize
the use of effective and efficient competition in its
acquisitions.

Technical competition results in the selection of an
offeror whose proposal indicates a high degree of
technical capability. While cost/price is always a
factor, often the overriding consideration is the
selection of an offeror who has a technically superior
proposal. This is common in contracts for research
and development, as well as for engineering efforts.

Price competition implies that all responsible,
responsive offerors can successfully accomplish the
required tasks and that the primary differentiating
factor is price.

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Competition in Contracting (continued)

Determining the most effective methodology to evaluate contractor proposals is one of
the most important aspects of designing an acquisition strategy. Contracting Officers
normally evaluate both price and non-price factors to award a contract to the offeror
proposing the best value to the Government. For many Government procurements, the
lowest price technically acceptable (LPTA) methodology used in the past has been
replaced by a "tradeoff" methodology.

The Contracting Officer must build into the evaluation methodology the factors and
significant subfactors that represent the key areas of importance and emphasis to be
considered in the contractor selection decision. The factors decided upon must support
comparisons that are relevant and meaningful for effectively evaluating proposals. FAR
15.304(b) states that evaluation factors and significant subfactors must represent the key
areas of importance and emphasis to be considered in the source selection decision and
support meaningful comparison and discrimination between and among competing
proposals. FAR 15.308 states that the source selection authority's decision represents an
independent judgment based on a comparative assessment of proposals against all source
selection criteria in the solicitation.
 As a COR with specific technical expertise, you may be involved in establishing evaluation
factors and/or subfactors.
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Competition in Contracting (continued)

Determining the most effective methodology to evaluate contractor proposals is one of
the most important aspects of designing an acquisition strategy. Contracting Officers
normally evaluate both price and non-price factors to award a contract to the offeror
proposing the best value to the Government. For many Government procurements, the
lowest price technically acceptable (LPTA) methodology used in the past has been
replaced by a "tradeoff" methodology.

The Contracting Officer must build into the evaluation methodology the factors and
significant subfactors that represent the key areas of importance and emphasis to be
considered in the contractor selection decision. The factors decided upon must support
comparisons that are relevant and meaningful for effectively evaluating proposals. FAR
15.304(b) states that evaluation factors and significant subfactors must represent the key
areas of importance and emphasis to be considered in the source selection decision and
support meaningful comparison and discrimination between and among competing
proposals. FAR 15.308 states that the source selection authority's decision represents an
independent judgment based on a comparative assessment of proposals against all source
selection criteria in the solicitation.
 As a COR with specific technical expertise, you may be involved in establishing evaluation
factors and/or subfactors.
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                                Planning the Acquisition

Competition in Contracting (continued)
The Best Value process permits tradeoffs among price and non-price factors and allows
the Government to accept other than the lowest priced proposal. The perceived benefits
of the higher priced proposal should merit the additional cost.




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Competition in Contracting (continued)

For all planned acquisitions above the simplified acquisition threshold ($100,000), the
Contracting Officer is required by the Federal Acquisition Regulation to consider both price
and non-price factors (past performance in particular) when evaluating proposals. The
relative importance of those factors is up to the Contracting Officer or other source
selection authority.

It is vitally important that the Government describes its needs by communicating in a way
by which the requirement can be effectively obtained. Federal statutes and the Federal
Acquisition Regulation establish the policy for describing agency needs, and stipulate that
requirements be written in a way that promotes full and open competition as required by
the objectives of the Competition in Contracting Act (CICA).




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Competition in Contracting (continued)

FAR Subpart 6.3 explains when it is appropriate to contract without providing for full and
open competition. Contracting without providing for it cannot be based on lack of
advance planning or concerns related to the amount of funds available for the
acquisition. Statutory authorities permit contracting without providing for full and open
competition when one of the criteria listed in FAR 6.302 can be justified:

          1. FAR 6.302-1 Only one responsible source and no other supplies or services
          will satisfy agency requirements
          2. FAR 6.302-2 Unusual and compelling urgency
          3. FAR 6.302-3 Industrial mobilization; engineering, or research capability;
          expert services
          4. FAR 6.302-4 International Agreement
          5. FAR 6.302-5 Authorized or required by statute
          6. FAR 6.302-6 National Security
          7. FAR 6.302-7 Public Interest

Restrictive provisions and conditions severely restrict competition, and are limited to the
extent necessary to satisfy the Government’s needs. When restrictive provisions are used,
they must be justified in writing.
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Competition in Contracting (continued)

Sealed bidding is a competitive method that employs public opening of bids. An invitation
for bids (IFB) is publicized through distribution to prospective bidders. The Government
must issue IFBs that allow bidders to offer prices with a reasonable degree of certainty
based on the information furnished to them. Bids must be received by the Government
by a specific date and time.

Evaluation of sealed bids addresses three elements: responsiveness, responsibility and
price. An offeror is found to be responsive to the IFB if he/she does not take exception to
any part of the solicitation regarding price, quantity, quality or delivery terms. The
Contracting Officer then awards a firm fixed-price contract to the low-priced, responsive,
responsible bidder.




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Commercial Activities

The Government does not compete with its own citizens in the
business environment. Rather, it relies on the commercial sector
to provide supplies and services whenever possible. Under the
Commercial Activities concept, the Government retains
functions that are deemed “inherently-Governmental.”

The Commercial Activities program is used to determine the
best method for managing the functions and activities of the
federal government. The policy for making these determinations
is found in OMB Circular A-76, which outlines the contracting
process that must be used when Government activities are
outsourced.

Click here for a useful Commercial Activities library site for
further detail.


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                                  Planning the Acquisition

Planning for the Acquisition

Planning for an acquisition is the best way of ensuring that
the product or service will be acquired in the most
efficient, trouble-free manner. The Government acquisition
team should begin this process as soon as a program need
is identified and it becomes obvious that the need must be
met outside the Government. Acquisition planning involves
a general consideration of all the elements that will be
required in connection with a particular acquisition.

Advance acquisition planning helps the Government to
efficiently acquire goods and services by facilitating the
allocation and scheduling of the early work involved with
an acquisition, such as market surveys and pre- solicitation
notices. It also helps to resolve potential problems sooner
in the process. CORs are a valuable team member in the
acquisition planning process.



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Planning for the Acquisition (continued)

 The main components of the advance planning and the advance scheduling
 process are: defining the requirement, developing the requirements
 document for the particular proposed acquisition, and obtaining required
 approvals and clearances.



 It should be emphasized that Contracting Officers can provide valuable advice to
 Program Managers and to CORs in this early stage. For example, types of contracts
 suitable for the contemplated acquisition can be discussed, which can impact upon
 amount and timing of funding needed; or market research and historical analysis of
 similar acquisition can be performed, which will assist the directorate in assessing the
 capability of the market place to satisfy its needs. Program Managers and CORs should
 involve their supporting contracting staff early in the development of all requirements.
 Open communication and collaboration are essential to ensure a successful acquisition.




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Defining the Requirement

Defining the requirement is the first step in an
acquisition. It begins when the Program Office
realizes that an acquisition is necessary and
defines, in broad terms, what this effort will
entail. Concept development may include
assessment of prior contracts, in-depth
literature searches, and discussions with
technical and scientific personnel, both inside
and outside of the Government. These
discussions may help to determine interest,
scientific approaches, technical capabilities, and
the state-of-the-art relevant to the subject area.




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Defining the Requirement (continued)

In holding such discussions with people outside the Government, members of the
acquisition team must not disclose advance information on any specific acquisition,
proposed or contemplated, because doing so can create the impression that the
Government has given the recipient an unfair, competitive advantage over other
organizations. Once the concept has been formulated, it must be reviewed for program
relevance, need, merit, priority, and timeliness by the appropriate management staff.
In many agencies, the concept development phase is intimately connected with its
budget process because these agencies use the budget process as the primary means
of identifying, defining and approving agency acquisitions.




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Conducting Market Research

Market research is required to be conducted on an on-
going basis and conducted before developing new
requirement documents and issuing solicitation.
Market research is a process used to collect, organize,
maintain, analyze, and present data. Its purpose is to
maximize the capabilities, technology, and competitive
forces of the marketplace to meet an organization’s
needs for supplies/services. You may be asked to assist
in conducting and gathering this information that will
be used by the appropriate decision makers to
determine the best acquisition approach.

FAR Part 10 discusses Market Research




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Conducting Market Research (continued)

Acquisitions begin with a description of the Government’s needs stated in terms
sufficient to allow the acquisition team to conduct market research. The research will
vary, depending on such factors as urgency, estimated dollar value, complexity, and past
experience. This research involves obtaining information specific to the item being
acquired and determining whether the Government’s needs can be met by items that
are customarily available in the commercial marketplace, by items that are customarily
available in the commercial marketplace but need modifying or by items used exclusively
for governmental purposes. Results should be documented in a manner appropriate to
the size and complexity of the acquisition. Market research also helps the Government
develop Independent Government Estimates (IGE) when conducting cost analysis.

Additional information on market research, cost estimating, and IGE cost elements is
provided in the COR Community of Practice and in DAU's Continuous Learning Module
CLC004 (Market Research) and CLM016 (Cost Estimating).

Section 508 of the Rehabilitation Act requires Federal agencies to make their electronic and
information technology accessible to people with disabilities.


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Early Exchanges with Industry

Early involvement with industry will provide the Government’s acquisition team an
opportunity to obtain up-to-date information on technology and market conditions and
help industry to understand the Government’s requirements.

Some techniques used to interact with industry are:

         >         Industry conferences or public hearings

         >         One-on-one meetings with potential

         >         Request For Information (RFI) An RFI is a document that is sent out to one
                   or more potential contractors to request information that may be used to
                   develop Government requirements and solicitation terms and conditions.

         >         Draft Request For Proposal (Draft RFP) A draft RFP that is used to solicit
                   potential offeror comments to help improve the final version of the RFP.




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Identifying Trade-Offs

You may be asked to assist the Program Manager or
project manager in identifying trade-offs. Use of
quantitative or qualitative techniques can be used
to measure cost against quality, timeliness, or risk
factors. For example, it may be determined that
paying a higher price would be reasonable to help
ensure that the failure risk of a critical process to be
performed by the contractor is absolutely
minimized.




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Developing the Requirements Document
Requirements generation is a necessary step of the acquisition
process. There are several methods for describing agencies’
needs such as commercial items descriptions or specifications
(design, functional, or performance).

The Statement of Work (SOW) or Performance Work Statement
(PWS) is the foundation of the contract. It is the document
used to describe the work that is to be performed under the
contract.

PBA narrative and benefit/value

The performance outcomes you develop in the planning phases
are the foundation that everything else is built on. The basic
principle is to tell the contractor what we want rather than how
to do the job. During source selection we select the best
contractor and put their proposal on contract. It’s the
Government’s job to monitor the contractor’s performance
against quality surveillance metrics found in the contract. It is
not the Governments job to tell the contractor how the work
should be done.                                                         Page 18 of 30
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Developing the Requirements Document (continued)

Use of a Performance Work Statement

A PWS emphasizes outcome. Using a PWS will usually lead to a simplified contract administration
process. Rather than having to monitor the contractor’s performance as to how well they comply
with a Government- defined process, our interest is now focused on the acceptability of a
performance outcome. The application of positive and/or negative incentives can also result in
reduced prices and a higher level of customer satisfaction.

A PWS is based on the idea that the best way to motivate a contractor is to shift the
responsibility for achieving acceptable performance from the Government to the
contractor. This is done by allowing the contractor to devote the resources and
intelligence necessary to make its own ideas work.

For more on performance-based requirements, check out the 7 Steps to Performance-
Based Services Contracting and DAU’s Continuous Learning Module CLC013
(Performance-Based Services Acquisition).

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Developing the Requirements Document (continued)
Use of a Statement of Work

The Statement of Work (SOW) describes the work to be performed or the services to be rendered,
defines the respective responsibilities of the Government and the contractor, and provides an
objective measure so that both the Government and the contractor will know when the work is
complete and payments is justified. The SOW defines requirements that are reasonable and
necessary; it does not merely repeat commercial specifications from a preferred source.

How the SOW is written affects the entire acquisition cycle. It determines the type of contract we
award, it influences the number and quality of proposals we receive, and it serves as a baseline
against which to evaluate proposals and, later, contractor performance. It is the key element in
shaping and directing all three stages of the acquisition cycle: planning, executing, and assessing.

For more information on how to write a SOW, consult MIL-HNBK-245D at DAU's COR
Community of Practice.




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Developing the Requirements Document (continued)

Standards should be used to ensure uniformity of materials and
products and may be found as part of a specification or a
requirement in a product description. A SOW/PWS must have
standards by which to measure the tasks; these standards must be
measurable, realistic, clear, and unambiguous. Good standards
remove the subjectivity from surveillance.

The Quality Assurance Surveillance Plan (QASP) details how and
when the Government will observe, test/sample, evaluate, and
document contractor performance. The QASP and the contractor's
Quality Control Plan work together to ensure project performance
standards are met. The QASP is written concurrently with the PWS
because what is written into the PWS influences what is put into
the QASP. Additionally, development of the QASP will force the
acquisition team to make sure that outputs and procedures in the
PWS are measurable.

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Government Property

Having the contractor provide all assets needed to perform the
work is preferred. However, there are several reasons why the
Government furnishes property to contractors for performance of a
contract. Sometimes, it is more economical to furnish property
than to have a contractor purchase the property since cost would
be included in the contract price. If the Government already owns
the property, and it is available for use, production or performance
may also be expedited since the contractor would not have to place
orders and wait for delivery of the property.

Increasing competition is one reason given for furnishing property
on Government contracts. If contractors do not already have the
required property for performance under the contract, they may
not want to invest the resources necessary to make an offer. In
addition, small businesses may not have the capability, i.e.,
resources, needed to purchase the property required for
performance of the contract. When the Government offers to
provide needed property, it allows more businesses to compete for
the award.
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Prepare the Government Budget Estimate
Although you may not become involved with an acquisition
until after the initial budgeting has been accomplished, all
CORs have to deal with budget considerations. A Government
budget estimate is a detailed assessment of the cost to the
Government for the contracted services. A budget estimate is
required for all acquisitions. This information is used for
budgeting purposes and for evaluation of contractor’s
proposals.

The Independent Government Budget Estimate is an internal
Government estimate of what a contract should cost, based
on the PWS/SOW. It is business confidential information that
should not be discussed or shared with the contractor.
Government budget estimates are simple when the
requirement is for commercially available services, since they
can be based upon generally available information like price
lists, historic data, market research, etc.

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Prepare the Government Budget Estimate (continued)
Suppliers' General Services Administration (GSA) Schedules
are an excellent source of pricing information as they contain
itemized costs of a wide variety of labor categories. Previous
contracts are often used as a basis of developing the
Government Budget Estimate; however consideration must
be given to any changes in the SOW/PWS between the
current and previous acquisition as well as any changes in
market conditions.

For complex requirements or non-commercial items, an
Independent Government Cost Estimate (IGCE) is prepared.
The IGCE is a detailed analysis of the various cost elements
associated with the acquisition that is used to estimate its
cost or price. The IGCE may also be referred to as the
Independent Government Estimate (IGE) or Independent Cost
Estimate (ICE). To learn more on how to develop an IGCE, visit
the COR Community of Practice.

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Procurement Integrity
If you are involved in the planning and evaluating
contractor proposals, you may be subject to the
requirements of the Procurement Integrity Act (as
implemented by FAR 3.104. This Act and similar statutes
and regulations impose stringent requirements related
to safeguarding the contractor’s proprietary data and
other integrity issues.

Violation of these requirements can result in civil or
criminal penalties. It is important for you as a COR to
familiarize yourself with the prohibitions and
certification requirements cited in the Procurement
Integrity Act and any other statutes or regulations that
may pertain to your specific acquisition. If you have any
questions regarding procurement integrity, be sure to
consult your Agency’s legal counsel.


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Procurement Integrity (continued)
Click the links below to learn about points in the acquisition process where the issue of
fairness is especially important.

Pre-Solicitation              Allowing vendors access to information on a particular acquisition
                              (especially the specification or work statement) before such
                              information is available to the business community at large may
                              give the vendor(s) receiving the information an unfair advantage.

Requirements Documents        Writing an unnecessarily restrictive specification or work
                              statement that effectively excludes the products or services of a
                              vendor or increases the prospects for award to a specific vendor is
                              unfair. Not only does this give unfair advantage to one or more
                              vendors, but it restricts competition and makes it more likely that
                              the Government will overpay.

Proposal Confidentiality      Occasionally, requests for information are received concerning
                              proposals before a contract is awarded. All information concerning
                              the proposals, including the number received and the offerors’
                              identities, must be held in strict confidence. Should this information
                              become available to one or more offerors, it could put other offerors at
                              a distinct disadvantage. Moreover, proprietary data remains
                              confidential after award.

                                                                                         Page 26 of 30
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Lesson Summary

You have just completed the Planning the Acquisition--Getting the Requirement Right
lesson. The lesson covered:

    • The procedures and elements used in planning the acquisition
    • The importance of competition


Now it's time to take a brief Knowledge Check to evaluate your understanding of the
material presented!




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Knowledge Review
True or False: Advance acquisition planning involves: 1) Defining the requirement; 2)
Developing the requirements document for the particular proposed acquisition, and 3)
Obtaining required approvals and clearances.



                   TRUE

                   FALSE




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Knowledge Review

Correct answer is TRUE




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Knowledge Review
Place your response in the box below:

The Government strives to award contracts primarily on the basis of _____________.




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Knowledge Review

That's right! The correct answer is "Best Value". The Government strives to use Best Value
criteria rather than award simply to the lowest-priced offeror.




                                                                                Page 29a of 30
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                      You have completed the content for this lesson.
         To continue, select another lesson from the Table of Contents on the left.
If you have closed or hidden the Table of Contents click the View Table of Contents button
                           at the top in the Atlas navigation bar.




                                                                              Page 30 of 30
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Lesson Objectives
The Contracting Officer Representative (COR) is often identified
after contract award; but your functional and technical expertise
may be needed during the planning or source selection phase of
the acquisition process. Because you will be a member of this
acquisition team it is important that you have a basic
understanding of execution phase.

After completing this lesson, you will be able to:
     •Identify the key events of the execution phase
     •Recognize the points within the acquisition process where the
     potential for conducting an unfair competition is high


Click on the play button (right pointer) below for a two-minute
audio introduction to the lesson. See Text on Next Slide



                                                                           Page 1 of 23
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Lesson Objectives
The COR is often identified after contract award; however, because of the COR’s
functional and technical expertise, he or she is often a member of integrated product
teams from the acquisition planning phase through the source selection evaluation and
award. The program manager or functional area often recommends that a member of
the IPT who has been engaged in the acquisition process from the inception of the
requirement be appointed as the Contracting Officer’s representative. Therefore you
should have a basic understanding of the mission support execution phase and where
you may be involved in future acquisitions. During the mission support planning phase
you developed the performance requirement document and supporting business
strategy in terms of type contract, incentive arrangement, QASP, etc. Now it’s time to
execute and award a contract. The key events in this phased are:

    •Develop the Solicitation
    •Solicit proposals from industry
    •Evaluate contractor proposals
    •Award the contract
    •Deal with any protests




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Planning for the Evaluation of Proposals

The Performance Work Statement (PWS) or Statement of Work (SOW), along with
Sections L and M of the solicitation, establish the principle ground rules for these
acquisitions. The SOW states precisely what products or services the Government is
requesting. Section L tells the contractor how to develop their proposal in response to
the solicitation, while Section M clearly states how the Government will evaluate the
proposal and the relative importance of each evaluation factor.

Evaluation factors are generally developed in four groups. These are:



                                       Technical
                                     Cost or Price
                                   Past Performance
                                         Other



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Types of Source Selections

As a COR, you may be involved in evaluating contractor proposals as part of the source selection
process. In different types of acquisitions, the relative importance of cost or price may vary. For
example, in acquisitions where the requirement is clearly definable and the risk of unsuccessful
contract performance is minimal, cost or price may play a dominant role in source selection. The
less definitive the requirement, the more development work required, or the greater the
performance risk, the more technical or past performance considerations may play a dominant role
in source selection. The Government uses two common approaches in source selection (click
buttons):

Tradeoffs Tradeoffs between cost/price and non-cost factors permits the Government to accept
other than the low price proposal. The perceived benefits of the higher priced proposal must merit
the additional cost. The rationale for tradeoffs must be documented in the source selection
decision.
LPTA The lowest price technically acceptable (LPTA) source selection process is appropriate on less
complex acquisitions, where the best value is expected to result from selection of the technically
acceptable proposal with the lowest evaluated price.

Under either approach, because of your technical knowledge and background you may become
part of the team of technical personnel assembled to evaluate contractor proposals. During this
process you will be given detailed instructions by the Contracting Officer and technical evaluation
team chief concerning your role and responsibilities.
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Soliciting Industry
The purpose of the solicitation is to convey information
that prospective offerors need to prepare a proposal.
The solicitation describes all the information that
prospective offerors must furnish to permit a meaningful
and equitable evaluation of their offers. It must be clear,
complete, accurate, and consistent with the
requirements of the acquisition so that it provides all
who received it with the same understanding of the
requirements.

The Contracting Officer is responsible for preparing the
solicitation, with the assistance from you and other
experts. However, much of the information is derived
directly from supporting documentation or is otherwise
furnished by you. Normally, the Contracting Officer does
not have the technical knowledge to uncover or correct
any substantive deficiencies that may exist in the
technical information provided.
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Requests for Proposal


Requests for Proposals (RFPs) are used in negotiated acquisitions to
communicate Government requirements to prospective contractors and to
solicit proposals. The RFP must describe the Government’s requirement, the
anticipated terms and conditions of the contract, and the evaluation factors
that will be used to evaluate the proposals. FAR Part 15 governs contracting
by negotiation and RFPs, while FAR Part 14 governs contracting using sealed
bidding procedures. The vast majority of contracts for which CORs are
designated will employ FAR Part 15 (Negotiation) procedures.




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Amending the Solicitation
It may be necessary to amend the solicitation after release and
prior to contract award. This circumstance could occur for a variety
of reasons—for example, changes to the specifications, to the
terms or conditions; or to the quantities may cause the solicitation
to be amended. Amendments to solicitations increase
administrative effort and costs, and they may delay contract award
and performance.

For this reason, they should be held to a minimum through careful
acquisition planning. When an amendment is unavoidable, as in
situations where questions from contractors regarding the
solicitation must be answered, contracting personnel prepare and
distribute it to all recipients of the solicitation. Any amendment
must provide a reasonable time for potential offerors to respond
to the change. Any problems or issues regarding proposed terms
and conditions and requirements must be dealt with prior to
contract award; avoid trying to resolve these issues after contract
award. The purpose of discussions with industry is to resolve any
issues while taking advantage of the competitive process.

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Receipt and Management of Proposals

Offerors are responsible for submitting proposals, and any
proposal revisions and modifications, to the Government office
designated in the solicitation by the time specified in the
solicitation. Offerors may use any transmission method
authorized by the solicitation (i.e., regular mail, electronic
commerce, or facsimile). Upon receipt proposals shall be
safeguarded from unauthorized disclosure throughout the
source selection process.




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Safeguarding Source Selection Information

After the closing date, the Contracting Officer will forward the
technical proposals to the technical evaluation team
chairperson for analysis. The Contracting Officer will normally
retain the business proposals until the technical evaluation is
completed.

One of the most important administrative responsibilities of
the source selection team during the pre-award period is to
maintain the confidentiality of the proposals received. The
source selection team must not reveal any information related
to the identity or number of potential contractors, information
concerning any proposal, or the status of any proposal in
relation to others. Release of such information could jeopardize
any resultant award and subject the persons involved to
disciplinary action.



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Evaluating Proposals

All proposals submitted in response to an applicable
solicitation will be reviewed and evaluated based on the
evaluation factors provided in Section M of the solicitation.
The technical evaluation team is responsible for evaluating
the technical proposals; rating them in order of merit;
making recommendations to the Contracting Officer
regarding clarifications needed and deficiencies identified;
reviewing supplemental and/or revised offers; and, if
required, assisting the Contracting Officer during
negotiations. To the extent possible, the same evaluators
should be available throughout the entire evaluation and
selection process to ensure continuity and consistency in the
treatment of proposals.




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The Technical Evaluation Report
When the Contracting Officer forwards the technical proposals
to the technical evaluation team for analysis, they will be
accompanied by specific guidance for conducting the
evaluation and for preparation of the technical evaluation
report. The report must be prepared and signed by the team
chairperson and submitted to the Contracting Officer. It is
maintained as a permanent record in the contract file. The
report should reflect the ratings of proposals and identify each
proposal as acceptable or unacceptable.

The report must include a narrative evaluation specifying the
strengths and weaknesses of each proposal and any
uncertainties, reservations, qualifications, or areas to be
addressed that might affect the selection of the source for
award. It should include specific points and questions that are
to be raised in subsequent discussions with the offerors. If the
evaluation team determines that a proposal is technically
unacceptability, the report must contain concrete technical
data and/or other rationale to support the determination.

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Assisting in the Review of Business/Cost Proposals
The Contracting Officer is responsible for evaluating the factors related to cost/price
analysis and determination of the contractor’s responsibility (e.g., adequate financial
resources, ability to comply with delivery or performance schedule, satisfactory record of
performance). The Contracting Officer will need your assistance to effectively accomplish
this.

You and the technical evaluation team should be prepared to analyze things such as the:
    •Number of labor hours proposed for various labor categories
    •Mix of labor hours and categories of labor in relation to the technical requirements of the
    project
    •Types, numbers, and hours/days of proposed consultants
    •Proposed travel, including number of trips, locations, purpose, and names, and qualifications
    •Type and quantity of data processing requirements

The COR/evaluation team should inform the Contracting Officer of whether these
elements are necessary and reasonable for efficient contract performance. Exceptions to
proposed elements should be supported in sufficient detail to allow the Contracting
Officer to negotiate effectively.

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Communicating with Offerors
In the interval between the release of the solicitation and
contract award, all contact with potential or actual
offerors, relating to the particular acquisition, should be
coordinated through the Contracting Officer.

You may be asked to assist the Contracting Officer when
clarifications (limited exchanges) between the
Government and the offeror are needed when awarding
without discussions, or when communications are
needed for establishing the competitive range.

This is a natural grouping of proposals which have the highest
likelihood of being selected for a contract award.




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Determining the Competitive Range
Based on the ratings of each proposal against all
evaluation criteria, the Contracting Officer shall
establish a competitive range comprised of all of
the most highly rated proposals. Provided the
solicitation notifies offerors that the competitive
range can be limited for purposes of efficiency, the
Contracting Officer may limit the number of
proposals in the competitive range to the greatest
number that will permit an efficient competition
among the most highly rated proposals. As a COR,
you may be asked to participant in debriefing those
offerors excluded or otherwise eliminated from the
competitive range.




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Communications After Establishing Competitive Range
Negotiations are exchanges, in either a competitive or sole source
environment, between the Government and offerors that are
undertaken with the intent of allowing the offeror to revise its
proposal. These negotiations may include bargaining. Bargaining
includes persuasion, alteration of assumptions and positions,
give-and-take, and may apply to price, schedule, technical
requirements, type of contract, or other terms of a proposed
contract. When negotiations are conducted in a competitive
acquisition, they take place after establishment of the
competitive range and are called discussions.

Discussions are tailored to each offeror’s proposal, and must be
conducted by the Contracting Officer with each offeror within the
competitive range. The primary objective of discussions is to
maximize the Government’s ability to obtain best value, based on
the requirement and the evaluation factors set forth in the
solicitation.



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Communications after Establishing Competitive Range (continued)
During discussions the Contracting Officer should discuss with
each offeror, any deficiencies, significant weaknesses, and
adverse past performance information to which the offeror has
not yet had an opportunity to respond. This can include other
aspects of the offeror’s proposal that could be altered or
explained to enhance materially the proposal’s potential for
award. However, this does not mean that the Contracting Officer
is required to discuss every area where the proposal could
improve.

The scope and extent of discussions are a matter of Contracting
Officer judgment. As a COR, you may be asked to participant in
discussions with those offerors in the competitive range.




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Limitations on Communicating with Offerors
Government personnel involved in the acquisition shall not engage in conduct that:

    • Favors one offeror over another.
    • Reveals an offeror’s technical solution (including unique technologies), innovative
    uses of commercial items, or any other information that would compromise an
    offeror’s intellectual property to another offeror.
    • Discloses an offeror's price without that offeror’s permission. It is permissible,
    however, for the Contracting Officer to reveal to all offerors the cost or price that the
    Government’s price analysis, market research, or other reviews have identified as
    reasonable.
    • Reveals the names of individuals providing reference information about an offeror’s
    past performance.
    • Furnishes source selection information in violation of FAR 3.104-4 and 41 U.S.C.
    423(h)(1)(2).




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Selecting the Right Contractor
Upon receipt of revised offers or other responses to questions raised
during discussions, the technical evaluation team will re-evaluate the
proposals in the competitive range. These evaluations will be
prepared and submitted in writing to the Contracting Officer in the
same manner as the initial evaluations.

The Contracting Officer will review the latest evaluations and based
on a comparative assessment of proposals against all source
selection criteria in the solicitation, rate the proposals. While the
Contracting Officer may use reports and analyses prepared by others,
the source selection decision shall represent the Contracting Officer’s
independent judgment. Documentation for the source selection
decision shall include the rationale for any business judgments and
tradeoffs made or relied on by the Contracting Officer, including
benefits associated with additional costs.

CLICK       Depending on the estimated dollar value of the acquisition, the
decision to award may be the Contracting Officer or designated source
selection authority


                                                                              Page 17 of 23
                                          Contracting Officer’s Representative Training
                                          Executing the Acquisition
The Debriefing
Debriefings of successful and unsuccessful offerors may be done orally, in writing, or by
any other method chosen by the Contracting Officer. The Contracting Officer normally
chairs the debriefing session held. Individuals who conducted the evaluations shall provide
support.

At a minimum, the debriefing information must include:
            1. The significant weaknesses or deficiencies in the offeror’s proposal, if applicable
            2. The overall evaluated cost or price (including unit prices) and technical rating (if
            applicable) of the successful offeror and the debriefed offeror, and past performance
             information on the debriefed offeror
            3. The overall ranking of all offerors
            4. A summary of the rationale for award
            5. For acquisitions of commercial items, the make and model of the item to be delivered by
            the successful offeror
            6. Reasonable responses to relevant questions about whether source selection procedures
            contained in the solicitation, applicable regulations, and other applicable authorities were
            followed
            7. Oftentimes, CORs will be requested to provide information and participate in debriefing
            sessions.
Debriefs must not include point-by-point comparisons of the debriefed offeror’s proposal with those of other
offerors or divulge any other prohibited information regarding other offerors.
                                                                                                     Page 18 of 23
                                       Contracting Officer’s Representative Training
                                       Executing the Acquisition
Protests
Any interested party may file a protest against the Government in regards to a
contracting action. The protest can be filed directly with the contracting Agency
or with the Government Accountability Office (GAO).

Protests must be filed by the later of:
     •10 days after contract award
     •5 days after a debriefing
     •10 calendar days after the basis of the protest is known (or should have
     been known)

An Agency is required to make its best efforts to resolve Agency protests within
35 days after the protest is filed, while GAO has 100 days to resolve the protest.
In the case of a protest file with GAO, either party can request a 65-day "express
option."

When a protest is filed, the Government Contracting Officer must suspend work
on the contract unless the Agency Head determines it would not be in the best
interest of the Government to do so.

An interested party is an actual or prospective bidder or offeror whose direct
economic interest would be affected by the award of a contract or by the failure
to award a contract.
                                                                                     Page 19 of 23
                                  Contracting Officer’s Representative Training
                                  Executing the Acquisition
Lesson Summary

This is the end of the Executing the Acquisition--Selecting the Right Contractor lesson. In
this topic, you learned about:

     •The key events of the execution phase
     •The points within the acquisition process where the potential for conducting an
     unfair competition is high

Now it's time to take a brief Knowledge Check to evaluate your understanding of the
material presented in this lesson!




                                                                                 Page 20 of 23
                                Contracting Officer’s Representative Training
                                Executing the Acquisition
Knowledge Review

True or False: The Cost/Price evaluation team performs all of the following:
     • Evaluates the technical proposals
     • Makes recommendations to the Contracting Officer regarding clarifications needed
     and deficiencies identified
     • Assists the Contracting Officer during negotiations (if required)



                            TRUE

                            FALSE




                                                                             Page 21 of 23
                                   Contracting Officer’s Representative Training
                                   Executing the Acquisition
Knowledge Review


The correct answer is "False." The contracting officer often signs these responsibilities to
the COR/Technical Evaluation Team.




                                                                                   Page 21a of 23
                                 Contracting Officer’s Representative Training
                                 Executing the Acquisition
Knowledge Review
Which one of the following is NOT permitted to be disclosed during a de-briefing with an
unsuccessful offeror?



                             The overall ranking of all offerors

                             A summary of the rationale for award

                             The contents of the winning offeror’s proposal

                             Past performance information on the debriefed offeror.




                                                                              Page 22 of 23
                                  Contracting Officer’s Representative Training
                                  Executing the Acquisition
Knowledge Review

That is correct. Specific information about the winning offeror's proposal cannot be
disclosed.




                                                                                Page 22a of 23
                                 Contracting Officer’s Representative Training
                                 Executing the Acquisition


                      You have completed the content for this lesson.
         To continue, select another lesson from the Table of Contents on the left.
If you have closed or hidden the Table of Contents click the View Table of Contents button
                           at the top in the Atlas navigation bar.




                                                                              Page 23 of 23
                                    Contracting Officer’s Representative Training
                                    Glossary

Click on the play button (right pointer) below to
listen to a one-minute audio introduction to this
lesson.
• COR Nomination Letter
• COR Appointment Letter
• DFARS 201.602-2 (COR Responsibilities)
• DFARS 252.201-7000 (COR definition)

Show Text
Now you should have a pretty good idea of what it
takes to be an effective COR. Here are some special
interest areas that you may find useful depending on
your next assignment. Good luck and remember, as the
Contracting Officer, I am here to help you succeed as
my COR.




                                                                          Page 1 of 16
                            Contracting Officer’s Representative Training
                            Glossary
Terms Relevant to Construction Contracts
Bonds are used in conjunction with construction contracts to
assure the bidder or contractor meets his or her obligations.
If the bidder or contractor’s obligations are not met, the
bond assures payment, to the extent stipulated, of any loss
sustained by the Government.

Bid bonds guarantee that the bidder will not withdraw a bid
within the period specified for acceptance and will execute a
written contract and furnish additional bonds required
during performance of the contract.

Performance bonds secure performance and fulfillment of
the contractor's obligations under the contract.

Payment bonds ensure payment to all persons supplying
labor or material in conjunction with the contract.


                                                                  Page 2 of 16
                            Contracting Officer’s Representative Training
                            Glossary
Terms Relevant to Construction Contracts (continued)
Design involves defining the construction requirement (including the functional
relationships and technical systems to be used, such as architectural, environmental,
structural, electrical, mechanical and fire protection), producing the technical
specifications and drawings and preparing the construction cost estimate.

Liquidated Damages is compensation paid by the contractor to the Government for the
harm caused by late delivery or untimely performance is called liquidated damages. In
construction contracts, liquidated damages are normally expressed in terms of a daily
rate. This rate should be established by determining the actual cost to the Government
caused by the delay to include the cost of performing additional inspections and the cost
of renting substitute property. Liquidated damages are not intended to be punitive or a
negative performance incentive. Liquidated damages provisions have a significant impact
on pricing, competition, and contract administration. They should only be included in a
contract if the impact of a delay and the costs associated with this delay are significant.




                                                                                 Page 3 of 16
                            Contracting Officer’s Representative Training
                            Glossary
Terms Relevant to Construction Contracts (continued)
Differing Site Conditions are specific to fixed-price construction and demolition contracts
that are expected to exceed the simplified acquisition threshold. The contractor must
promptly (and before the conditions are disturbed) provide a written notice to the
Contracting Officer of any:

     •subsurface or latent physical conditions at the site which differ materially from
     those indicated in this contract
     •unknown physical conditions at the site of an unusual nature that differ materially
     from those ordinarily encountered and generally recognized as inherent to work of
     the character provided for in the contract

The Contracting Officer has to investigate the site conditions promptly after receiving the
notice. If the conditions do in fact materially differ so as to cause an increase or decrease
in the contractor’s cost or time required for performing any part of the work under the
contract, an equitable adjustment must be made and the contract modified accordingly.

No request by the Contractor for an equitable adjustment to the contract can be allowed
unless the contractor has given the written notice required within the time prescribed by
the corresponding contract clause. Moreover, no request by the contractor for an
equitable adjustment is allowed if the request is made after final payment under the
contract has been made.                                                         Page 4 of 16
                            Contracting Officer’s Representative Training
                            Glossary
Terms Relevant to Construction Contracts (continued)
Specifications describe the technical requirements of the Government. They describe the
required materials, execution and quality of performance. Specifications can be written
either as design specifications, performance specifications, or a combination thereof.
Design specifications detail the exact dimensions, materials, composition, physical, and
chemical requirements of the product to be furnished. Performance specifications
describe the end item in terms of output, function, or operation. Specifications must state
only the Government’s actual minimum needs in a manner that will encourage full and
open competition.

Standards establish engineering and technical limitations and applications of items,
materials, processes, methods, designs and engineering practices. Standards including
criteria deemed to be essential to achieve the highest degree of uniformity in materials or
products.




                                                                                Page 5 of 16
                            Contracting Officer’s Representative Training
                            Glossary
Terms Relevant to Construction Contracts (continued)
Sealed Bidding is a method of contracting that employs competitive bids and public opening of bids.
After bids are opened, an award is made to the responsible bidder whose bid, conforming to the
invitation of bids, will be most advantageous to the Government, considering only price and price-
related factors. The solicitation
document used for sealed bidding is called an Invitation for Bid (IFB). Construction services are
normally obtained using sealed bidding procedures.

Commencement and completion of work shall commence within 10 calendar days after the date of
receipt of the Notice to Proceed. Work shall be completed, including final clean-up, within _____
calendar days after the date of receipt of Notice to Proceed. Liquidated damages apply in the amount
of ____ for each day of delay.

The Davis Bacon Act states that employees shall be paid not less often than once a week and not less
than the aggregate of the basic hourly rates and fringe benefits stated in the wage determination
decision of the Secretary of Labor incorporated in the contract. A copy of the wage rates shall be
posted on the job site in a prominent place where the workers can see it. The COR shall make regular
interviews of Contractor’s employees to determine that the Act is being adhered to and shall submit
his/her reports to the Contracting Officer on SF Form 1445 as they are accomplished.

Apprentices and Trainees shall be permitted only if employed and registered pursuant to a bona fide
program with the U.S. Department of Labor or State Apprenticeship Agency, as appropriate.


                                                                                        Page 6 of 16
                                       Contracting Officer’s Representative Training
                                       Glossary
Terms Relevant to Construction Contracts (continued)
 Contract Work Hours and Safety Standards Act – Overtime Compensation states that the
 Contractor shall not require or permit any laborer or mechanic to work more than 40 hours in
 one week unless he/she is compensated at a rate of not less than one and one half times
 his/her basic hourly rate of pay, exclusive of fringe benefits, for all such hours worked in excess
 of 40 hours per week. In the event that employees are not compensated in accordance with
 the Act, the Contractor shall be liable to the employee for all wages due and to the
 Government for liquidated damages in the amount of the $10.00 per day per violation.

Payrolls and Basic Records shall be submitted by the Contractor within seven days after the
date of the payroll, along with subcontractors’ payrolls. The Contractor and all subcontractors
shall preserve payrolls and basic records for a period of three years after completion of the
contract.

The Copeland Act states that it is unlawful to induce, by force or otherwise, any employee to
give up any part of the compensation to which he/she is entitled under his/her contract of
employment.

Withholding of Funds by the Contracting Officer may be necessary to ensure payment to all
employees the full amounts of wages to which they are entitled under the contract as well as
provide for payment of liquidated damages under the Contract Work Hours and Safety
Standards Act- Overtime Compensation.
                                                                                         Page 7 of 16
                            Contracting Officer’s Representative Training
                            Glossary
Terms Relevant to Construction Contracts (continued)
Subcontracting Clauses must be inserted by the contractor in all subcontracts:

    •Davis Bacon Act
    •Contract Work Hours and Safety Standards Act-Overtime Compensation
    •Apprentices and Trainees
    •Payrolls and Basic Records
    •Compliance with Copeland Regulations
    •Withholding of Funds
    •Subcontracts
    •Contract Termination and Debarment

Equal Opportunity The Contractor shall comply with all the requirements of the Equal
Opportunity Clause. The Contractor shall post the notices required by paragraphs (1) and
(3) of the Equal Opportunity Clause entitled “Equal Opportunity is the Law.”




                                                                                 Page 8 of 16
                                  Contracting Officer’s Representative Training
                                  Glossary
Research and Development
Advanced Development is the effort directed toward projects that have moved into the
development of hardware for test. The prime result of this type of effort is proof of design
concept rather than the development of hardware for service use. Projects in this
category have a potential military application.
Applied Research is the effort that normally follows basic research, but may not be
severable from the related basic research. It attempts to determine and exploit the
potential of scientific discoveries or improvements in technology, materials, processes,
methods, devices or techniques. It attempts to advance the state of the art.
Basic Research is research directed toward increasing knowledge in science. The primary
aim of basic research is a fuller knowledge or understanding of the subject under study.

A Broad Agency Announcement is a general announcement of an agency's research
interest including criteria for selecting proposals and soliciting the participation of all
offerors capable of satisfying the Government's needs. The BAA process recognizes that
the selection of a basic research proposal is primarily a technical decision, with very low
business risk. Its purpose is to accelerate the acquisition process and to save on the
significant costs and efforts associated with that process. Proposals submitted under a
BAA are evaluated through peer or scientific review rather than the more formal source
selection procedures used to evaluate most other proposals.

                                                                                  Page 9 of 16
                          Contracting Officer’s Representative Training
                          Glossary
Research and Development (continued)
Biosafety Level 1 is a designated level assigned to activities involving infectious
microorganisms and laboratory animals in order to designate the degree of protection
required by personnel, the environment and the research community. Biosafety Level 1 is
suitable for work involving well-characterized agents not known to consistently cause
disease in healthy adult humans, and of minimal potential hazard to laboratory personnel
and the environment.
Biosafety Level 2 is similar to Biosafety Level 1 and is suitable for work involving agents of
moderate potential hazard to personnel and the environment. It differs from BSL-1 in that

          1. laboratory personnel have specific training in handling pathogenic agents and
          are directed by competent scientists;
          2. access to the laboratory is limited when work is being conducted;
          3. extreme precautions are taken with contaminated sharp items; and
          4. certain procedures in which infectious aerosols or splashes may be created
          are conducted in biological safety cabinets or other physical containment
          equipment.



                                                                                   Page 10 of 16
                          Contracting Officer’s Representative Training
                          Glossary
Research and Development (continued)
Biosafety Level 3 is applicable to clinical, diagnostic, teaching, research, or production
facilities in which work is done with indigenous or exotic agents which may cause serious
or potentially lethal disease as a result of exposure by the inhalation route. Laboratory
personnel have specific training in handling pathogenic and potentially lethal agents, and
are supervised by scientists experienced in working with these agents. All procedures
involving the manipulation of infectious materials are conducted within biological safety
cabinets or other physical containment devices, or by personnel wearing appropriate
personal protective clothing and equipment. The laboratory has special engineering and
design features.




                                                                                Page 11 of 16
                          Contracting Officer’s Representative Training
                          Glossary
Research and Development (continued)
Biosafety Level 4 is required for work with dangerous and exotic agents that pose a high
individual risk of aerosol transmitted laboratory infections and life-threatening disease.
Agents with a close or identical antigenic relationship to Biosafety Level 4 agents are
handled at this level until sufficient data are obtained either to confirm continued work at
this level, or to work with them at a lower level. Members of the laboratory staff have
specific and thorough training in handling extremely hazardous infectious agents and they
understand the primary and secondary containment functions of the standard and special
practices, the containment equipment, and the laboratory design characteristics.
Competent scientists who are trained and experienced in working with these agents
supervise the laboratory staff. The laboratory director strictly controls access to the
laboratory. The facility is either in a separate building or in a controlled area within a
building. The Biosafety Level 4 laboratory has special engineering and design features to
prevent microorganisms from being disseminated into the environment.




                                                                                 Page 11a of 16
                          Contracting Officer’s Representative Training
                          Glossary
Research and Development (continued)
Development is the systematic use of scientific and technical knowledge in the design,
development, testing, or evaluation of a potential new product or service (or of an
improvement in an existing product or service) to meet specific performance
requirements or objectives. It includes the functions of design engineering, prototyping
and engineering testing.

Engineering Development are those projects that are in full-scale engineering
development for service use, but which have not yet received approval for production or
had production funds included in the DOD budget submission for the budget or
subsequent fiscal year. This area is characterized by major line item projects and program
control will be exercised by review of individual projects.

Exploratory Development consists of all efforts directed toward the solution of specific
military problems, short of major development projects. This type of effort may vary from
fairly fundamental applied research to quite sophisticated hardware, study, programming,
and planning efforts. It includes studies, investigations, and planning efforts. The
dominant characteristic of this category of effort is that it is pointed to specific military
problem areas with a view toward developing and evaluating the feasibility and
practicability of proposed solutions and determining their parameters.

                                                                                  Page 12 of 16
                          Contracting Officer’s Representative Training
                          Glossary
Research and Development (continued)
Interagency Acquisitions are services obtained from other Government Agencies and is
an authorized mechanism to satisfy the R&D needs of an agency. Interagency acquisition
generally follow the same process as any solicitation and contract action, however, there
is no legal restrictions on discussions and planning for projects to be supported by the
intergovernmental transfer of funds.




                                                                               Page 12a of 16
                            Contracting Officer’s Representative Training
                            Glossary
Additional Sources of Information
Acquisition Planning and Developing Requirements Documents

FAR Part 7 – Acquisition Planning
FAR Part 10 – Market Research
FAR Part 11 – Describing Agency Needs
FAR Part 12 – Acquisition of Commercial Items
FAR 15.304 – Evaluation Factors and Significant Sub-Factors
FAR Part 16 – Types of Contracts
FAR 22.10 – Service Contract Act
FAR 32.7 – Contract Funding
FAR Part 37 – Service Contracts
FAR Part 46 – Quality Assurance
OFPP Guide to Best Practices for Performance-Based Contracting
DoD Guidebook for Performance-Based Services Acquisitions

Requiring Activity Considerations During the Solicitation Phase

FAR 3.104 – Procurement Integrity
FAR 5.1 – Dissemination of Information
FAR Part 15 – Contracting by Negotiations



                                                                  Page 13 of 16
                            Contracting Officer’s Representative Training
                            Glossary
Additional Sources of Information, (continued)
Acceptance or Rejection of Services

FAR Part 46 - Quality Assurance
DFARS, Appendix F - Material Inspection and Receiving Report
FAR 52.232.25 - Prompt Payment
DFAS Contractor Payment Handbook
Wide Area Workflow Overview and Training

Other COR Support Tasks

FAR Part 45 - Government Property
FAR Subpart 17.2 – Options
FAR Part 49 - Termination of Contracts
DoD Guide to Collection and Use of Past Performance Information

In order to earn additional continuous learning points towards your
COR training, it is recommended that you complete the "Contracting
for the Rest of Us" continuous learning module (CLC011). You can
register for the module here.

                                                                      Page 15 of 16
                            Contracting Officer’s Representative Training
                            Glossary
Additional Sources of Information, (continued)
You have completed the content for this lesson.
If you would like a printable version of the content of this module, click here.
To continue, select another lesson from the Table of Contents on the left. If you have
closed or hidden the Table of Contents click the View Table of Contents button at the top
in the Atlas navigation bar.




                                                                               Page 16 of 16
                                  Contracting Officer’s Representative Training
                                  Exam Questions
Knowledge Review
1) Scenario: After six months of satisfactory performance, the contractor’s performance
drops drastically. Many of the contractor’s employees have quit the job and the contractor
is slow to fill the vacancies. Several new hires do not meet the qualifications specified in
the contract. Many required tasks are not being accomplished and those that are
completed are late or improperly performed. The COR should take which of the following
actions?

A. ____ Immediately notify the Contracting Officer

B. ____   Tell the contractor to immediately stop work and develop a remediation plan

C. ____   Do nothing, as this is a contract compliance issue

D. ____ Choices a and b only



                                                                                Page 1 of 26
                                  Contracting Officer’s Representative Training
                                  Exam Questions
Knowledge Review
2) An invoice should include, among other things, the (i) contract number, (ii) contract line
item, (iii) item description, (iv) date and invoice number.

A. ____ TRUE

B. ____   FALSE




                                                                                 Page 2 of 26
                                 Contracting Officer’s Representative Training
                                 Exam Questions
Knowledge Review
3) One of the five ethical commandments for public servants is to promote ethical
organizations.

A. ____ TRUE

B. ____   FALSE




                                                                              Page 3 of 26
                                Contracting Officer’s Representative Training
                                Exam Questions
Knowledge Review
4) By default, the COR is responsible for managing Government property and inventory on
a contract.

A. ____ TRUE

B. ____   FALSE




                                                                            Page 4 of 26
                                 Contracting Officer’s Representative Training
                                 Exam Questions
Knowledge Review
5) When reviewing competitive proposals, evaluating them based on any item contained
in any part of the solicitation package is acceptable, so long as the contracting officer
explains the rationale during the debriefing.

A. ____ TRUE

B. ____   FALSE




                                                                               Page 5 of 26
                                  Contracting Officer’s Representative Training
                                  Exam Questions
Knowledge Review
6) Which of the following is NOT a required item for a COR''s file?

A. ____ Processed invoices

B. ____   Inspection records

C. ____   Contracting Officer Representative‘s appointment letter

D. ____ Contracting Officer‘s appointment letter




                                                                        Page 6 of 26
                                 Contracting Officer’s Representative Training
                                 Exam Questions
Knowledge Review
7) Before accepting a COR nomination, the Contracting Officer must ensure that the
individual’s training and experience are commensurate with the responsibilities to be
delegated.

A. ____ TRUE

B. ____   FALSE




                                                                               Page 7 of 26
                                  Contracting Officer’s Representative Training
                                  Exam Questions
Knowledge Review
8) Planning the acquisition involves:

A. ____ Determining the appropriate strategy

B. ____   Conducting market research

C. ____   Defining the requirement

D. ____ All of the Above




                                                                        Page 8 of 26
                                 Contracting Officer’s Representative Training
                                 Exam Questions
Knowledge Review
9) It’s usually NOT in the Government’s best interest to expend the time and money
required to fully compete a requirement.

A. ____ TRUE

B. ____   FALSE




                                                                             Page 9 of 26
                                 Contracting Officer’s Representative Training
                                 Exam Questions
Knowledge Review
10) Which of the following is NOT a primary reason for the COR to maintain good contract
documentation?

A. ____ To support an award fee or other performance incentive

B. ____   To substantiate poor contractor performance

C. ____   To provide a record of contractor performance in the case of contract litigation

D. ____ To provide a record of contractor performance that other contractors can learn
from




                                                                               Page 10 of 26
                                 Contracting Officer’s Representative Training
                                 Exam Questions
Knowledge Review
11) Your personal and professional conduct influence the public’s confidence in the federal
acquisition process.

A. ____ TRUE

B. ____   FALSE




                                                                               Page 11 of 26
                                  Contracting Officer’s Representative Training
                                  Exam Questions
Knowledge Review
12) Which of the following individuals has expressed authority to enter into and
administer contracts, and is responsible for ensuring that contract actions comply with all
laws, executive orders, and regulations?

A. ____ Program Manager

B. ____   Competition Advocate

C. ____   Contracting Officer

D. ____ Contracting Officer Representative




                                                                                Page 12 of 26
                                Contracting Officer’s Representative Training
                                Exam Questions
Knowledge Review
13) Which of the following is NOT a commonly used contract type?

A. ____ Cost plus percentage of cost

B. ____   Cost-reimbursement

C. ____   Time and materials

D. ____ Fixed-price




                                                                      Page 13 of 26
                                 Contracting Officer’s Representative Training
                                 Exam Questions
Knowledge Review
14) The COR needs to prepare a performance evaluation for any contract exceeding which
of the following levels?

A. ____ All contracts for which the COR is assigned, regardless of dollar value

B. ____   $25,000

C. ____   $100,000

D. ____ $500,000




                                                                              Page 14 of 26
                                   Contracting Officer’s Representative Training
                                   Exam Questions
Knowledge Review
15) As a COR, establishing a joint partnership with your Contracting Officer is critical for
ensuring mission success, as is establishing an effective teaming relationship with the
contractor.

A. ____ TRUE

B. ____   FALSE




                                                                                   Page 15 of 26
                                 Contracting Officer’s Representative Training
                                 Exam Questions
Knowledge Review
16) Which of the following statements best describes proposal evaluation factors?

A. ____ Once established, they cannot be changed.

B. ____   They establish the criteria by which proposals will be evaluated.

C. ____   Small, disadvantaged businesses are exempt from them.

D. ____ They may not include non-technical factors, such as past performance or price.




                                                                              Page 16 of 26
                                 Contracting Officer’s Representative Training
                                 Exam Questions
Knowledge Review
17) Select the THREE choices that represent phases of the Acquisition Process.

A. ____ Planning

B. ____   Executing

C. ____   Demonstrating

D. ____ Assessing




                                                                                 Page 17 of 26
                                  Contracting Officer’s Representative Training
                                  Exam Questions
Knowledge Review
18) Which choice contains the essential elements of a contract?

A. ____ Solicitation, proposal, negotiations, closeout

B. ____   Solicitation, offer, counter-offer, agreement

C. ____   Offer, acceptance, consideration

D. ____ Offer, negotiations, closeout




                                                                        Page 18 of 26
                                  Contracting Officer’s Representative Training
                                  Exam Questions
Knowledge Review
19) An informal action or inaction by the Government resulting in a contract change
without benefit of required legal or regulatory formalities is called a(n):

A. ____ Unauthorized obligation

B. ____   Contract modification

C. ____   Contract amendment

D. ____ Constructive change




                                                                              Page 19 of 26
                                 Contracting Officer’s Representative Training
                                 Exam Questions
Knowledge Review
20) The Government may enter into a contract even if the exact delivery quantity and/or
delivery date are not known.

A. ____ TRUE

B. ____   FALSE




                                                                              Page 20 of 26
                                  Contracting Officer’s Representative Training
                                  Exam Questions
Knowledge Review
21) During a source selection, revealing the number of potential offerors to one of the
competitors creates an unfair advantage.

A. ____ TRUE

B. ____   FALSE




                                                                                Page 21 of 26
                                  Contracting Officer’s Representative Training
                                  Exam Questions
Knowledge Review
22) Pure price competition assumes that all responsible, responsive offerors can
successfully accomplish the required tasks and that the only differentiating factor is
"price.”

A. ____ TRUE

B. ____   FALSE




                                                                                  Page 22 of 26
                                 Contracting Officer’s Representative Training
                                 Exam Questions
Knowledge Review
23) A constructive change arises when, by informal action or inaction of the Government,
contract performance changes without going through the required legal or regulatory
formalities.

A. ____ TRUE

B. ____   FALSE




                                                                              Page 23 of 26
                                  Contracting Officer’s Representative Training
                                  Exam Questions
Knowledge Review
24) Which one of the following items would be an important part of the COR file?

A. ____   Copies of all invoices from the contract immediately preceding the current one.

B. ____   A copy of the Contracting Officer''s warrant.

C. ____   A photograph of work that was improperly completed by the contractor.

D. ____ A listing of all contractors that submitted proposals for the current contract.




                                                                                Page 24 of 26
                                  Contracting Officer’s Representative Training
                                  Exam Questions
Knowledge Review
25) Which of the following is a classification of contract that should be avoided?

A. ____ Implied

B. ____   Express

C. ____   Unilateral

D. ____ Bilateral




                                                                                 Page 25 of 26
                                Contracting Officer’s Representative Training
                                Exam Questions
Knowledge Review
26) When the COR holds discussions or conducts business with contractors, he/she should
prepare a Memorandum for Record of meetings, trips, and telephone conversations
related to the contract and file it in the COR file.

A. ____ TRUE

B. ____   FALSE




                                                                            Page 26 of 26
                        Contracting Officer’s Representative Training
                        Exam Questions
Knowledge Review Answer Key
1.     A                             14.     A
2.     A                             15.     A
3.     A                             16.     B
4.     B                             17.     A, B, D
5.     B                             18.     C
6.     D                             19.     D
7.     A                             20.     A
8.     D                             21.     A
9.     B                             22.     A
10.    D                             23.     A
11.    A                             24.     C
12.    C                             25.     A
13.    C                             26.     A
              CERTIFICATE OF COMPLETION


_______________________________________________________________________
                                  (NAME)


   Has completed the requirement for COR with a Mission Focus
   CLC 106. This training was not accomplished via the internet
     through the Defense Acquisition University web page. No
           Continuous Learning Points are authorized.

________________________                                __________
RCC/Div COR Trainer Name & Title                        Date

								
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