UNCLASSIFIED (U)

14 FAH-2 H-140

ROLES AND RESPONSIBILITIES IN THE CONTRACTING PROCESS

(CT:COR-47; 08-24-2017)
(Office of Origin: A/OPE)

14 FAH-2 H-141 RESPONSIBILITIES OF THE CONTRACTING OFFICER

(CT:COR-47; 08-24-2017)

a. The contracting officer is the U.S. Government's authorized agent for dealing with contractors and has sole authority to solicit proposals, negotiate, award, administer, modify, or terminate contracts and make related determinations and findings on behalf of the U.S. Government. The contracting officer performs duties at the request of the requirements office and relies on the requirements office for technical advice concerning the supplies or services being acquired.

b. The contracting officer is responsible for the following functions:

(1) Determining the method of acquisition and the type of contract to be used;

(2) Preparing any required "Determinations and Findings" (48 CFR 1.7) and ensuring that any necessary Federal Acquisition Regulation (FAR) deviations and exemptions have been obtained (48 CFR 1.4);

(3) Establishing the contract terms, conditions, and general provisions, including the methods of pricing, paying, and financing;

(4) Designating and authorizing, in writing, a contracting officer's representative (COR) for each contract (48 CFR 1.602-2), who will have limited authority to act on behalf of the contracting officer;

(5) Appointing individuals to participate on the technical evaluation panel;

(6) Appointing a property administrator as an authorized representative of the contracting officer responsible for administering the contract requirements and obligations relating to U.S. Government property in the possession of a contractor. See 48 CFR 45.1 and 48 CFR 52.245-1. The property administrator will have limited authority to act for the contracting officer;

(7) Appointing a plant clearance officer as an authorized representative of the contracting officer responsible for screening, redistributing, and disposing of contractor inventory from a contractors plant or work site. See 48 CFR 45.6, Reporting, Reutilization, and Disposal;

(8) Issuing the solicitation, including review and approval from the Office of the Procurement Executive (A/OPE) if required; advertising in Federal Business Opportunities (FedBizOpps), if required, and/or local advertising; and developing the solicitation mailing list;

(9) Conducting contract negotiations, with the assistance of technical experts, if necessary;

(10) Executing (signing) the contract on behalf of the U.S. Government;

(11) Conducting debriefings of unsuccessful offerors;

(12) Administering the contract (48 CFR 42), including the execution of contract modifications and other changes;

(13) Closing out or terminating contracts (48 CFR 49);

(14) Rendering final decisions regarding protests, claims, and disputes (48 CFR 33); and

(15) Ensuring that contractors receive impartial, fair and equitable treatment (48 CFR 1.602-2).

(16) Ensuring that the U.S. Government contract file contents (see FAR 48 CFR 4.8) are maintained properly, including those files maintained by the contracting officer's representative (COR) for each contract (see FAR 48 CFR 1.604 plus 14 FAH-2 H-517).

(17) The Department of State contracting officer is ultimately responsible for ensuring that the contracting officer's representative is maintaining contract files properly and verifying the status of those files during any transition of contracting officer's representative.

14 FAH-2 H-142 RESPONSIBILITIES OF THE CONTRACTING OFFICER'S REPRESENTATIVE (COR)

(CT:COR-47; 08-24-2017)

a. Ideally, the contracting officer appoints the contracting officers representative (COR) as soon as a requirement is initiated. That way, the COR assists in the solicitation process, and administers the contract after award. However, this is not always possible. Someone in the requirements office performs the functions below, whether it is the COR or not. For administrative convenience, all functions listed will be referred to as COR functions.

b. The COR performs the following functions (48 CFR 1.602-2(d)):

(1) Defining project requirements and developing a performance work statement (PWS), or specifications;

(2) Initiating, developing, and transmitting a complete procurement request package (PRP) to the contracting office, with all required administrative approvals;

(3) Completing the Form DS-4208, Request for Services Contract Approval, to ensure that contractors are not used to perform inherently governmental functions; crafting an oversight strategy for monitoring contractor performance when contractors are performing closely associated functions;

(4) Obtaining certification of the availability of sufficient funds from the proper appropriation and compiling any other required financial data;

(5) Drafting appropriate justification for other than full and open competitive acquisitions, if necessary;

(6) If serving as chairperson of the technical evaluation panel, participating in and directing the evaluation of the technical proposals for negotiated procurement and providing recommendations to the contracting officer;

(7) Assisting the contracting officer during discussions/negotiations;

(8) Monitoring the contractor's technical progress and the expenditures of resources relating to the contract;

(9) Performing inspection and accepting the work on behalf of the U.S. Government;

(10) Informing the contracting officer, in writing, of any performance or schedule failure by the contractor;

(11) Resolving technical issues arising under the contract which fall within the scope of the COR's authority, and referring to the contracting officer any issues which cannot be resolved without additional cost or time;

(12) Informing the contracting officer, in writing, of any needed changes in the performance work statement or specifications;

(13) Ensuring that the U.S. Government meets its contractual obligations to the contractor, e.g., providing U.S. Government-furnished property and services and timely U.S. Government review and approval of documents if such reviews are required by the contract;

(14) Reporting incurred costs that are not appropriately chargeable to the contract (cost-type contracts only);

(15) Reviewing and approving the contractors vouchers or invoices after adequately verifying the costs against supporting documentation;

(16) Maintaining a COR file for each assigned contract meeting the minimum requirements of 48 CFR 1.604 plus 14 FAH-2 H-517;

(a). A COR files must be available for review by the contracting officer, inspector general, the U.S. Government Accountability Office, internal review officials or other officials as authorized by the contracting officer.

(b) A COR may use the eFiling module for contracting officer's representative file management as it is deployed in ILMS, which provides the contracting officer visibility of the COR contract file contents;

(17) Verifying contractor statements regarding the development of patentable inventions, if required under the contract (Reference 48 CFR 27);

(18) Assisting in contract closeout by informing the contracting officer when the work has been completed and by completing contract closeout documentation;

(19) Reconciling contract payments against allocated funds;

(20) Developing a Combating Trafficking in Persons contract monitoring strategy and monitoring the contractor actions (Reference 48 CFR 22.17);

(21) Evaluating contractor performance and documenting the evaluation in the government-wide Contractor Performance Assessment Reporting System (CPARS) database (Reference 48 CFR 42.15); and

(22) Serving as property administrator responsible for managing U.S. Government property held by contractors, when assigned.

14 FAH-2 H-143 DESIGNATING A CONTRACTING OFFICERS REPRESENTATIVE (COR)

(CT:COR-26; 12-24-2014)

a. In accordance with Department of State Acquisition Regulation (DOSAR) 48 CFR 642.270, the contracting officer designates the contracting officers representative (COR) to act as his or her authorized representative to assist in the technical monitoring or administration of a contract. A COR must be a U.S. Government employee. The person could be a full-time equivalent (FTE); a when actually employed (WAE) retired foreign service officer or former civil service employee; a temporary hire; or a personal services contractor (PSC) hired under a domestic personal services contract or post-issued personal services agreement (PSA). The person could also be a locally employed staff (LES) at post. Contractors (other than PSCs) are not eligible to become CORs. CORs must be certified by A/OPE and must have sufficient technical expertise on the subject matter of the contract to perform effective oversight. Program offices are responsible for determining the necessary level of technical expertise and advising the contracting officer.

b. Contracting officers are responsible for determining the appropriate level of COR needed for a specific contract. The decision is based on the complexity, risks and value of the program. Inputs should be solicited from the program office. The 14 FAH-2 Exhibit H-143, Contracting Officer's Representative Certification and Appointment Criteria Matrix, provide a method of documenting this decision for the three levels. A copy of the analysis should be retained in the contract file.

14 FAH-2 H-143.1 COR Training Requirements

(CT:COR-26; 12-24-2014)

a. All contracting officers representatives (CORs) and government technical monitors (GTMs) must have their acquisition knowledge certified in order to be eligible for appointment. The Federal Acquisition Certification-Contracting Officer's Representative (FAC-COR) Program certification requirements are issued by the Office of Federal Procurement Policy and consist of the following:

(1) Competency-based training and assignment specific training to achieve certification;

(2) Experience requirements for Level II (12 months) and Level III (24 months) certifications; and

(3) Continuous learning to maintain certification every 2 years consisting of at least 8 hours of continuous learning points (CLP) for level I and 40 hours of CLP for level II or III.

b. Approved Level I training is Defense Acquisition University (DAU) on-line class CL106-COR with a mission focus.

c. Approved Foreign Service Institute (FSI) 40-hour training courses for Level II are:

(1) PA-178, Contracting Officers Representative (COR) (5-day instructor-led course); or

(2) PA-296, How to Be a Contracting Officer Representative (distance-learning course).

d. The Bureau of Diplomatic Security (DS) offers COR training for its personnel who will be appointed as CORs for local guard contracts abroad in the FSI course PA578, DS Contracting Officers Representative. COR duties and responsibilities are discussed in a 1-week segment of the Basic Regional Security Officer course.

e. If FSI training courses are unavailable, individuals may obtain training from other U.S. Government or commercial sources; however, the course(s) must be 40 hours in length and cover the basic COR duties. Consult A/OPE to determine course acceptability or review the A/OPE-approved equivalent courses that are listed on the A/OPE website.

f. Approved 60-hour training courses for Level III include the above 40 hours plus an additional 20 hours available on-line. See the A/OPE website for current courses or contact A/OPE.

g. CORs must register for FAC-COR certification to be eligible for appointment as a COR. Registration is via the on-line A/OPE FAC-COR system that can be accessed from the A/OPE Website.

h. A/OPE will FAC-COR certify individuals who have taken the FSI COR training, equivalent commercial or other agency training, have a FAC-COR certification from another agency, or have a FAC-PM (Federal Acquisition Certification - Program Manager) or FAC-C (Federal Acquisition Certification - Contracting) certification.

i. A contracting officer may, on a case-by-case basis, appoint an individual to serve as a COR even if that individual has never served as a COR and has not yet taken the required FAC-COR training. Such exceptions to the policy may only be made in circumstances where there is no trained individual available. Waivers are requested via the FAC-COR on-line system and require the specific approval of the Procurement Executive.

j. Appointment of a COR is entirely within the discretion of the contracting officer. A COR's training and relevant qualifications and/or experience do not guarantee that he or she will be appointed. Program offices are responsible for determining the level and nature of technical expertise required to manage the program. Obtaining the Federal Acquisition Certification for Contracting Officer's Representative (FAC-COR) makes an individual eligible for appointment as a COR, which must be in writing by the CO, but does not mandate an individuals appointment as a COR.

14 FAH-2 H-143.2 COR Appointment Procedures

(CT:COR-26; 12-24-2014)

a. Specific appointment procedures are as follows:

(1) The program office provides a written nomination for a technically qualified, responsible and certified contracting officers representative (COR) to the contracting officer. The program office will identify any special training requirements that may be needed for contract administration. The nomination must include a summary of the nominees:

(a) Assignment and training history;

(b) Work experience;

(c) Licensing; and

(d) Certifications that provide a basis for a determination by the program office that the nominees technical skills are adequate for contract oversight;

(2) The contracting officer reviews the technical qualifications and the certification status of the nominee. If approved, the contracting officer prepares a COR delegation memorandum that outlines the scope of the COR's authority to act on behalf of the contracting officer including duties, responsibilities, and prohibitions; and

(3) The COR delegation memorandum must:

(a) Identify the limitations on the CORs authority;

(b) Specify the contract and the period covered by the designation;

(c) State that the authority is not redelegable by the COR; and

(d) State that the COR may be personally liable for unauthorized acts (48 CFR 1.602-2(d)(6)).

b. Sample nomination and designation memorandums are included at 14 FAH-2 Exhibit H-143.2(1) and 14 FAH-2 Exhibit H-143.2(2). The delegation is given to the COR and a copy placed in the contract file. The contracting officer notes the COR assignment in the COR database to provide information on COR experience in the Department.

c. If the COR is replaced during the term of the contract, the contracting officer prepares a delegation memorandum for the replacement COR and provides a copy to the contractor and the contract administration office.

14 FAH-2 H-143.3 Unassigned

(CT:COR-22; 05-16-2012)

14 FAH-2 H-143.4 COR Replacement or Revocation

(CT:COR-22; 05-16-2012)

If a contracting officers representative (COR) must be replaced, the program office must submit a request for approval of COR replacement. The contracting officer may revoke a COR appointment for failure to adhere to the conditions of the COR's appointment. The revocation must be in writing, documenting the basis for the action being taken, with a copy sent to one level above the COR and a copy kept in the official contract file.

14 FAH-2 H-144 LIMITATIONS ON CONTRACTING OFFICER'S REPRESENTATIVE (COR) AUTHORITY

(CT:COR-26; 12-24-2014)

a. The contracting officers representative (COR) has no authority to make any commitment or changes that affect price, quality, quantity, delivery, or other terms and conditions of the contract, including:

(1) Total price or estimated cost;

(2) Products or deliverables;

(3) Performance work statement, or specifications;

(4) Delivery dates;

(5) Total period of performance; or

(6) Administrative provisions of the contract.

b. Only the contracting officer may authorize changes to the contract.

14 FAH-2 H-145 UNASSIGNED

(CT:COR-22; 05-16-2012)

14 FAH-2 H-146 THE TEAM APPROACH

(CT:COR-26; 12-24-2014)

a. Cooperation between acquisition and requirements office personnel is essential to anticipate upcoming requirements, allow sufficient lead times, consider various methods of getting what is needed, and otherwise increase the efficiency of the acquisition process. A "team" approach, in which acquisition personnel support requirements office personnel by contracting for program needs in accordance with laws and regulations, and requirements office personnel support acquisition personnel by assuming an active role in the acquisition process, is necessary for effective implementation, execution and accomplishment of a contracting program.

b. A high degree of cooperation between team members is essential, especially between the contracting officers representative (COR), who represents the requirements office, and the contracting officer, who is delegated contractual signature authority. These two persons are the most directly involved in the placement and administration of a contract by the U.S. Government. The separation of the technical and contractual activities and responsibilities permits each member of the team to apply his or her expertise effectively to their areas of activity. Other members of the team may include the Office of the Legal Adviser (L), the Office of Small and Disadvantaged Business Utilization (OSDBU), the Office of the Inspector General (OIG), the Bureau of the Comptroller and Global Financial Services (CGFS), and the Office of the Procurement Executive (A/OPE).

14 FAH-2 H-147 PROPERTY ADMINISTRATOR (PA)

(CT:COR-26; 12-24-2014)

a. The U.S. Government policy is that contractors are ordinarily required to furnish all property necessary to perform U.S. Government contracts. The contracting officer must provide U.S. Government property to contractors only when all four of the exception factors in 48 CFR 45.102(b) have been met. When U.S. Government property is involved with a contract, the Department of State contracting officer must designate a property administrator in writing and delegate property administration functions that are appropriate given the amount and complexity of U.S. Government property on the contract.

b. Contracting officers have discretion in selecting a property administrator and delegating U.S. Government property administration responsibilities. See 48 CFR 42.302(a)(27), 48 CFR 45-Government Property, and clause 48 CFR 52.245-1 which specifically address property administrator issues. The property administrator could be a properly trained Department of State employee, or personnel from either the Defense Contract Audit Agency (DCAA) or the Defense Contract Management Agency (DCMA) as designated by the Department of State. In addition, if the property administrator is a Department of State employee, the property administrator may arrange through the contracting officer to have personnel from either DCAA or DCMA perform some of the property administration functions, depending on the circumstances and complexity of the contract. See 48 CFR 45.5 - Support U.S. Government Property Administration.

c. The following U.S. Government contract administration responsibilities should generally be retained by the Department of State contracting officer. See 48 CFR 45.105 Contractors property management system compliance:

(1) The contracting officer responsible for contract administration must conduct an analysis of the contractors property management policies, procedures, practices, and systems. This analysis must be accomplished as frequently as conditions warrant. The analysis may be delegated to the property administrator;

(2) The property administrator advises the contracting officer who notifies the contractor in writing when the contractor's property management system does not comply with contractual requirements, requests prompt correction of deficiencies; requests from the contractor a corrective action plan including a schedule for correction of the deficiencies, and must provide a schedule for completion of the deficiency correction. If the contractor does not correct the deficiencies in accordance with the schedule, the contracting officer must notify the contractor in writing that failure to take the required corrective action(s) may result in revocation of the U.S. Government's assumption of risk for loss, theft, damage or destruction, and the exercise of other rights or remedies available to the contracting officer;

(3) If the contractor fails to take the required corrective action(s) in response to the notification provided by the contracting officer, the contracting officer must notify the contractor in writing of any U.S. Government decision to apply the remedies described in 48 CFR 45.105 (b)(1) and 48 CFR 45.105 (b)(2); and

(4) When the property administrator determines that a reported case of loss, theft, damage or destruction of U.S. Government property constitutes a risk assumed by the U.S. Government, the property administrator must notify the contractor in writing that relief of responsibility is granted in accordance with FAR clause 48 CFR 52.2451(f)(1)(vii). Where the property administrator determines that the risk of loss is not assumed by the U.S. Government, the property administrator must forward a recommendation requesting that the contracting officer hold the contractor liable. See 48 CFR 45.105(d).

d. A sample property administrator designation memorandum with language that Department of State contracting officers can tailor to the contract involved is included at 14 FAH-2 Exhibit H-147.

14 FAH-2 H-148 PLANT CLEARANCE OFFICER (PLCO)

(CT:COR-26; 12-24-2014)

a. Whenever a contract involves U.S. Government personal property, the contracting officer should appoint in writing a plant clearance officer as an authorized representative of the contracting officer responsible for screening, redistributing, and disposing of contractor inventory from a contractors plant or work sites.

b. Contracting officers have discretion in selecting a plant clearance officer and delegating U.S. Government property reporting, reutilization, and disposal responsibilities and requirements in 48 CFR 45.6. The control over the disposition of U.S. Government property is an inherently governmental function which must be performed by a U.S. Government employee.

c. The 48 CFR 45.6 disposition processes begin with the contractor completing with signature Form SF-1428, Inventory Disposal Schedule to identify U.S. Government-furnished property no longer required for performance of the contract; contractor-acquired property, to which the U.S. Government has obtained title under 48 CFR 52.2451(e), which is no longer required for performance of the contract; and termination inventory. See 48 CFR 52.2451(j).

d. The plant clearance officer must review, accept, or reject the inventory disposal schedules within 10 calendar days following receipt from a contractor. The plant clearance officer must use Form SF-1423, Inventory Verification Survey, to verify accepted schedules within 20 calendar days following acceptance. Provide the contractor disposition instructions for property identified on an acceptable inventory disposal schedule within 120 calendar days. Failure to provide timely disposition instructions might entitle the contractor to an equitable adjustment. See 48 CFR 45.602-1.

e. Screening of U.S. located excess property must be done online via the gsaxcess web site. This site shows all Federal agencies and State Agencies for Surplus Property (SASP) (eligible donees), the descriptive information, and up to 12 electronic pictures of the available property. This information is generally online for 21 calendar days instead of the longer period provided for in 48 CFR 45.602-3. After Federal agencies and SASP screening, any remaining surplus property undergoes competitive public sales by an Office of Management and Budget (OMB) approved E-Gov sales center provider. For the Department of State, this is the General Services Administration (GSA). Sales contracting officers generally use the gsaauctions website to conduct online auctions of the surplus property. All domestic located U.S. Government property sales information must be made available to the public at the single govsales website. See 48 CFR 45.604-3 and 41 CFR 102-38, Sale of Personal Property.

f. For Department of State foreign excess/surplus contractor-held property, the screening could be done on the gsaxcess web site or via email distribution of the property descriptions to other U.S. Federal agencies and SASP. After Federal and SASP screening any remaining surplus property undergoes competitive public sales.

g. Proceeds of any sale are to be credited to the Treasury of the United States as miscellaneous receipts, unless otherwise authorized by statute, or unless the contract or any subcontract thereunder authorizes the proceeds to be credited to the price or cost of the work. See 40 U.S.C. 571 and 40 U.S.C. 574, plus 48 CFR 45.604-4.

h. The plant clearance officer must promptly prepare a Form SF-1424, Inventory Disposal Report, following disposition of the property identified on an inventory disposal schedule or scrap list and the crediting of any related proceeds. The report must identify any lost, stolen, damaged, destroyed, or otherwise unaccounted for property and any changes in quantity or value of the property made by the contractor after submission of the initial inventory disposal schedule. The report must be addressed to the administrative contracting officer or, for termination inventory, to the termination contracting officer, with a copy to the property administrator.

i. A sample plant clearance officer designation memorandum with language that Department of State contracting officers can tailor to the contract involved is included at 14 FAH-2 Exhibit H-148.

14 FAH-2 H-149 unassigned

 

14 FAH-2 Exhibit H-143
Contracting Officer's Representative Certification and Appointment Criteria Matrix

(CT:COR-26; 12-24-2014)

 

a. The COR level for a particular contract is determined by the contracting officer, with input from the program requiring office. The decision will be based on the complexity and risks involved in the acquisition. The matrix above covers risk factors that should be considered. Points should be assigned to each factor as follows:

Points	Risk level
0-1	no or little risk associated with project
2-3	significant or high risk associated with project.8-14

 

b. The scale below may be used as a guide in determining the appropriate COR Level after totaling the scores assigned to the six risk factors. The ultimate decision on level rests with the contracting officer.

COR Level	Total Points
I	0-7
II	8-14
III	15-21

14 FAH-2 Exhibit H-143.2(1)
Sample Nomination Letter for Contracting Officer's Representative

(CT:COR-26; 12-24-2014)

 

MEMORANDUM

 

TO: [insert contracting officers name]

 

FROM: [insert program office name and individual one level above COR]

 

SUBJECT: Nomination of Contracting Officers Representative (COR) for Contract (insert contract number and description).

The program office would like to nominate (insert name) as the COR for the subject contract.

1. Training Qualifications:

Course Title/ Date Completed

[List as appropriate]

 

2. Technical Qualifications/Experience:

Office or Company/ Dates/ Types of Work Performed/ Contracts Administered

[List as appropriate]

 

3. Licensing, Technical Certifications and Other Considerations

[Describe any relevant licenses or technical certifications or other indications of qualifications)]

 

Note: The nomination must include a summary of the nominees assignment and training history, work experience, and licensing and certifications that provide a basis for a determination by the program office that the nominees technical skills are adequate for contract oversight. The program office will identify any special training requirements that may be needed for contract administration.

14 FAH-2 Exhibit H-143.2(2)
Sample Designation Memorandum for Contracting Officer's Representative

(CT:COR-26; 12-24-2014)

 

MEMORANDUM

 

 

TO: [insert contracting officers representatives name]

 

FROM: [insert contracting officers name]

 

SUBJECT: Delegation of Authority under Contract Number [insert contract number]

 

a. Pursuant to the authority granted to me as a contracting officer under the Federal Acquisition Regulation (FAR), you are hereby designated as the contracting officers representative (COR) with respect to technical matters within the scope of Contract Number [insert contract number] (hereinafter referred as "the contract") between the U.S. Department of State and [insert name of contractor and address]. This designation is effective beginning [insert date] and will remain in full force and effect during the life of the contract unless sooner revoked by the incumbent contracting officer, successor contracting officer, or by your reassignment.

b. Please note that this delegation does not include the right to:

(1) Modify or alter the contract or any of its terms and conditions;

(2) Waive the U.S. Governments rights with regard to the contractors compliance with the specifications, price, delivery, or any other terms or conditions; or

(3) Approve any actions which would result in additional charges to the U.S. Government. All such actions must be made in writing by the cognizant contracting officer.

c. This delegation authorizes you to perform the tasks listed below to the extent required by the terms of the contract:

(1) Coordinate with the contractor on all technical matters which may arise in the administration of this contract;

(2) Give technical clarification as to the meaning of the specifications, including inspection, testing, and acceptance procedures;

(3) Monitor and inspect the contractors progress and performance to assure compliance with the contract terms and conditions;

(4) Receive deliverables (supplies, services, and/or reports) on behalf of the U.S. Government;

(5) Verify satisfactory delivery of contract items and prepare receiving reports and/or approve invoices for payment;

NOTE: If you believe the delivered supplies or services should be rejected, the contracting officer should be notified immediately, and you should follow up in writing with a brief memorandum documenting the reasons for rejection;

(6) If progress payments are approved under this contract, verify efficient and satisfactory performance of work by the contractor and authorize progress payments; and

(7) If this contract contains a warranty or maintenance clause, notify the contracting officer and contractor of any deficiencies in workmanship or materials immediately, and monitor response and repair items as stipulated in the contract.

d. In exercise of this authority as contracting officers representative, you are responsible for:

(1) Performing the specific duties assigned herein:

(a) With regard to monitoring and inspecting the contractors progress and performance, you must promptly notify the contracting officer in writing of any noncompliance or deviation in performance or failure to make progress; and

(b) With regard to preparing receiving reports and/or approving invoices for payment, you must execute these documents promptly and transmit them to the designated payments office within five (5) calendar days of receipt. Delays in processing receiving reports and/or invoices may cause late payment by the U.S. Government and the incurrence of interest charges;

(2) Maintaining constant cognizance with respect to technical compliance with contract terms on the part of the contractor;

(3) Knowing and understanding the terms and provisions of the contract.

(4) Knowing the scope and limitations of your authority;

(5) Using good judgment, skill and reasonable care in the exercise of your authority;

(6) Protecting privileged and sensitive procurement information;

(7) If appropriate, periodically visiting the contractors workplace to check on the following aspects, and informing the contracting officer of your findings through submission of a trip report prepared in accordance with your offices internal procedures:

(a) Actual performance versus scheduled performance; and

(b) Action needed, if any, to restore contract schedule;

(8) If the contract requires U.S. Government property [i.e., U.S. Government-furnished property (GFP) or contractor-acquired property (CAP)], you are hereby designated as the property administrator for this contract. As such, you are the authorized representative of the contracting officer responsible for administering the contract requirements and obligations relating to U.S. Government property in the possession of the contractor. COR/property administrator responsibilities with regard to U.S. Government property include, but are not limited to, the following:

(a) Preparing itemized list of GFP, showing serial numbers, if any, and approximate value of each;

(b) Providing the contracting officer with the GFP list and contractor receipts for GFP;

(c) Ensuring that delivery of the GFP to the contractor is made in accordance with the contract, in a timely manner, and in a condition suitable for its intended use on the contract;

(d) Inspecting each unit of GFP upon its return from the contractor and notifying the contracting officer of such return and/or deficiencies.

(e) Monitoring the contractor's management of and annual/quarterly reporting on GFP and CAP. CAP includes property acquired, fabricated, or otherwise provided by the contractor for performing a contract and to which the U.S. Government has title under the contract;

(f) Ensuring contractor is conducting all required inventories. [48 CFR 52.245-1(f)(1)(iv)];

(g) Reviewing property lists (reports) maintained by contractors to verify that they contain the basic information required by the Federal Acquisition Regulation. [48 CFR 52.245-1(f)(1)(iii)(A)];

(h) Reconciling property on the vouchers submitted by contractors to the contract documentation to verify that property acquired was authorized;

(i) Reconciling property on the vouchers submitted by contractors to the contractors property lists to verify that property acquired was accurately recorded;

(j) Approving or disapproving of contractor property records for all transactions. [48 CFR 52.245-1(f)(1)(iii)(A) and (B)];

(k) Identifying and analyzing contractors recommendation for overages, shortages, damages and discrepancies discovered upon receipt. [48 CFR 52.245-1(f)(1)(ii)(A)];

(l) Determining the risk, if any, assumed by the U.S. Government when there is a reported case of loss, damage, destruction, or theft of U.S. Government property. When the property administrator determines that a reported case of loss, damage, destruction or theft of U.S. Government property constitutes a risk assumed by the U.S. Government, the property administrator must notify the contractor in writing that they are granted relief of responsibility in accordance with 48 CFR 52.245-1(f)(1)(vii). Where the property administrator determines that the risk of loss is not assumed by the U.S. Government, the property administrator must forward a recommendation requesting that the contracting officer hold the contractor liable. [48 CFR 45.105(d)];

(m) Notifying the contractor in writing when the contractors property management system does not comply with contractual requirements, and must request prompt correction of deficiencies in accordance with the schedule. If the contractor does not correct the deficiencies in accordance with the schedule, then coordinate and refer matters that affect continuing acceptability of contractors property management system to the contracting officer for corrective action. [48 CFR 45.105(b) and (c)];

(n) Coordinating and referring matters that affect continuing acceptability of contractors property management system to the contracting officer for action; and

(o) Providing recommendations to the contracting officer on disposal of U.S. Government property.

e. Performing all acceptance tests required by the contract in accordance with the time limitation stated therein. The results of the acceptance tests must be forwarded to the contracting officer.

f. As the COR, you have an important responsibility for establishing and maintaining adequate COR files. These files are your primary tools for carrying out your duties and responsibilities as the COR for this contract and must document actions you take as COR. Inadequate files will impede your or your successor CORs ability to manage the contract and therefore may jeopardize the program for which it was awarded. These files will also help successor CORs understand your actions as COR and the reasons behind such actions, as well as to have adequate documentation for audit purposes. You are responsible for ensuring that the files contain, at a minimum, the following:

(1) Copy of this COR designation memorandum;

(2) Copy of the contract and all of its modifications;

(3) Copy of all correspondence between the COR and the contractor, including property reports;

(4) Names of technical and administrative personnel assisting the COR;

(5) Copy of records of COR inspections and receiving/acceptance documents, invoices, and other administrative paperwork and correspondence; and

(6) Copy of other performance records as specified in the contract.

g. Upon completion of the contract, preparing a statement of satisfactory performance or a statement of any deviations, shortages or deficiencies. In addition to a written statement, the COR must submit a completed a past performance evaluation of contractor performance in the government-wide Contractor Performance Assessment Reporting System (CPARS) for any contract over the Departments reporting threshold.

h. If questions arise which are not clearly answered in the contract (including the specifications) or if disputes with the contractor occur, a written report to the contracting officer must be prepared setting forth the problem encountered.

i. Four responsibilities retained by contracting officer: The contracting officer will retain the following U.S. Government property administration responsibilities:

(1) The contracting officer responsible for contract administration must conduct an analysis of the contractors property management policies, procedures, practices, and systems to determine their adequacy. This analysis must be accomplished as frequently as conditions warrant, in accordance with agency procedures. [48 CFR 45.105(a)];

(2) Notify the contractor in writing when the contractors property management system does not comply with contractual requirements, and request prompt correction of deficiencies and provide a schedule for their completion. If the contractor does not correct the deficiencies in accordance with the schedule, the contracting officer must notify the Contractor in writing that failure to take required corrective action(s) may result in the revocation of the U.S. Governments assumption of risk of loss, damage, destruction, or theft; and/or the exercise of other rights or remedies. [48 CFR 45.105(b)];

(3) If the contractor fails to take the required corrective action(s) in response to the notification provided by the contracting officer in accordance with paragraph b of this section, the contracting officer must notify the contractor in writing of any U.S. Government decision to apply the remedies described under 48 CFR 45.105(b)(1) and (b)(2); and

(4) When the property administrator determines that a reported case of loss, damage, destruction or theft of U.S. Government property constitutes a risk assumed by the U.S. Government, the property administrator must notify the Contractor in writing that they are granted relief of responsibility in accordance with 48 CFR clause 52.245-1(f)(1)(vii). Where the property administrator determines that the risk of loss is not assumed by the U.S. Government, the property administrator must forward a recommendation requesting that the contracting officer hold the contractor liable. The contracting officer will subsequently make a determination. [48 CFR 45.105(d)].

j. This delegation of authority is limited to the referenced contract and is not subject to redelegation by you. The delegation may be terminated at any time by written notice from the contracting officer if you are transferred from your present position or are prevented from continuing as COR for the referenced contract.

 

 

Receipt Acknowledged:__________________________________________________

Signature [insert CORs name]

 

Date:_______________________

 

 

cc:

Official Contract File

 

14 FAH-2 Exhibit H-147
Sample Designation Memorandum for Property Administrator

(CT:COR-26; 12-24-2014)

Sample Department of State Designation Memorandum of Property Administrator and Delegation of Responsibilities from Contracting Officer

 

 

MEMORANDUM

 

 

TO: [insert property administrators name]

 

FROM: [insert contracting officers name]

 

SUBJECT: Delegation of Authority under Contract Number [insert contract number]

a. Pursuant to the authority granted to me as a contracting officer under the Federal Acquisition Regulation (FAR), you are hereby designated as the property administrator with respect to U.S. Government property [i.e., government-furnished property (GFP) and contractor-acquired property (CAP)] administration matters within the scope of contract number [insert contract number] (hereinafter referred as "the contract") between the U.S. Department of State and [insert name of contractor and address]. This designation is effective beginning [insert date] and will remain in full force and effect during the life of the contract unless sooner revoked by the incumbent contracting officer, successor contracting officer, or by your reassignment.

b. Please note that this delegation does not include the authority to make any commitments or changes that affect price, quality, delivery, or other terms and conditions of the contract. This authority is not redelegable by the property administrator. All such actions must be made in writing by the cognizant contracting officer. The property administrator may be personally liable for unauthorized acts.

c. In exercise of this authority as property administrator, you are responsible for:

(1) Administering the contract requirements and obligations relating to U.S. Government property in the possession of the contractor. Obligations include, but are not limited to, the following:

(2) Preparing itemized list of GFP, accountable to the contract. The listing must include at a minimum:

(a) The name, part number and description, manufacturer, model number, and National Stock Number (if needed for additional item identification tracking);

(b) Quantity/unit of measure;

(c) Unit acquisition cost; and

(d) Unique-item identifier or equivalent (if available and necessary for individual item tracking). [48 CFR 45.201 and 52.245-1(f)(1)(iii)(A)];

(3) Providing the contracting officer with the GFP list and contractor receipts for GFP;

(4) Ensuring that delivery of the GFP to the contractor is made in accordance with the contract, in a timely manner, and in a condition suitable for its intended use on the contract. Also ensure delivery of related data and information needed for the intended use of the GFP. [48 CFR 52.245-1(d) and 52.245-1(f)(1)(ii)];

(5) Inspecting each unit of GFP upon its return from the contractor and notifying the contracting officer of such return and/or deficiencies. [48 CFR 52.245-1(d) and 52.245-1(f)(1)(ix) and (x)];

(6) Monitoring the contractor's management of and annual/quarterly reporting on GFP and CAP. CAP includes property acquired, fabricated, or otherwise provided by the contractor for performing a contract and to which the U.S. Government has title under the contract;

(7) Ensuring contractor is conducting all required inventories. [48 CFR 52.245-1(f)(1)(iv)];

(8) Reviewing property lists (reports) maintained by contractors to verify that they contain the basic information required by the Federal Acquisition Regulation. [48 CFR 52.245-1(f)(1)(iii)(A)];

(9) Reconciling property on the vouchers submitted by contractors to the contract documentation to verify that property acquired was authorized;

(10) Reconciling property on the vouchers submitted by contractors to the contractors property lists to verify that property acquired was accurately and timely recorded;

(11) Approving or disapproving of contractor property records for all transactions. [48 CFR 52.245-1(f)(1)(iii)(A) and (B)];

(12) Identifying and analyzing contractors recommendation for overages, shortages, damages, and discrepancies discovered upon receipt of GFP. [48 CFR 52.245-1(f)(1)(ii)(A)];

(13) Determining the risk, if any, assumed by the U.S. Government when there is a reported case of loss, theft, damage, or destruction of U.S. Government property. When the property administrator determines that a reported case of loss, theft, damage, or destruction of U.S. Government property constitutes a risk assumed by the U.S. Government, the property administrator must notify the contractor in writing that they are granted relief of responsibility in accordance with 48 CFR 52.245-1(f)(1)(vii). Where the property administrator determines that the risk of loss is not assumed by the U.S. Government, the property administrator must forward a recommendation requesting that the contracting officer hold the contractor liable. [48 CFR 45.105(d)];

(14) Based on analysis, notify the contractor in writing when the contractors property management system does not comply with contractual requirements, and must request prompt correction of deficiencies and must request from the contractor a corrective action plan, including a schedule for correction of the deficiency and must provide a schedule for their completion. If the contractor does not correct the deficiencies in accordance with the schedule, then coordinate and refer matters that affect continuing acceptability of contractors property management system to the contracting officer for corrective action(s). [48 CFR 45.105 (b) and (c)];

(15) Coordinating and referring matters that affect continuing acceptability of the contractors property management system to the contracting officer for action. [48 CFR clause 52.245-1 (b) and 48 CFR 45.105 (b) and (c)]; and

(16) Providing recommendations and assistance to the contracting officer or plant clearance officer on disposal of U.S. Government property. [48 CFR 45.6 and FAR clause 48 CFR 52.245-1 f)(1)(vii)].

d. Knowing and understanding the terms and provisions of the contract.

e. Knowing the scope and limitations of your authority.

f. Using good judgment, skill and reasonable care in the exercise of your authority.

g. Protecting privileged and sensitive procurement information.

h. As the property administrator, you have an important responsibility for establishing and maintaining adequate U.S. Government property administration files. These files are your primary tools for carrying out your duties and responsibilities as the property administrator for this contract and must document actions you take as property administrator. Inadequate files will impede your or your successors ability to manage the contract and therefore may jeopardize the program for which it was awarded. These files will also help successor property administrators understand your actions as property administrator and the reasons behind such actions, as well as to have adequate documentation for audit purposes. You are responsible for ensuring that the files contain, at a minimum, the following:

(1) Copy of this property administrator designation memorandum;

(2). Copy of the contract and all of its modifications;

(3) Copy of all correspondence between the property administrator and the contractor, including property reports;

(4) Names of technical and administrative personnel assisting the property administrator;

(5) Copy of records of property administrator inspections and receiving/acceptance documents, invoices, and other administrative paperwork and correspondence; and

(6) Copy of other U.S. Government property administration records as specified in the contract.

i. The contracting officer will retain the following U.S. Government property administration responsibilities:

(1) The contracting officer responsible for contract administration must conduct an analysis of the contractors property management policies, procedures, practices, and systems to determine their adequacy. This analysis must be accomplished as frequently as conditions warrant. [48 CFR 45.105(a)];

(2) Notify the contractor in writing when the contractors property management system does not comply with contractual requirements, and must request prompt correction of deficiencies and must request from the contractor a corrective action plan, including a schedule for correction of the deficiencies and must provide a schedule for their completion. If the contractor does not correct the deficiencies in accordance with the schedule, the contracting officer must notify the contractor, in writing, that failure to take required corrective action(s) may result in the revocation of the U.S. Governments assumption of risk of loss, theft, damage, or destruction; and/or the exercise of other rights or remedies. [48 CFR 45.105(b)];

(3) If the contractor fails to take the required corrective action(s) in response to the notification provided by the contracting officer in accordance with paragraph b (above), the contracting officer must notify the contractor in writing of any U.S. Government decision to apply the remedies described under 48 CFR 45.105(b)(1) and (b)(2); and

(4) When the property administrator determines that a reported case of loss, theft, damage, or destruction of U.S. Government property constitutes a risk assumed by the U.S. Government, the property administrator must notify the contractor in writing that they are granted relief of responsibility in accordance with FAR clause 48 CFR 52.245-1 (f)(1)(vii). Where the property administrator determines that the risk of loss is not assumed by the U.S. Government, the property administrator must forward a recommendation requesting that the contracting officer hold the contractor liable. The contracting officer will subsequently make a determination. [48 CFR 45.105(d)]

j. If questions arise which are not clearly answered in the contract (including the specifications) or if disputes with the contractor occur, a written report to the contracting officer must be prepared setting forth the issues encountered.

k. This delegation of authority is limited to the referenced contract and is not subject to redelegation by you. The delegation may be terminated at any time by written notice from the contracting officer if you are transferred from your present position or are prevented from continuing as property administrator for the referenced contract.

 

Receipt Acknowledged:_____________________________________________________

Signature [insert property administrators name]

 

Date:_______________________

 

 

cc:

Official Contract File

contractor

14 FAH-2 Exhibit H-148
Sample Designation Memorandum for Plant Clearance Officer

(CT:COR-26; 12-24-2014)

Sample Department of State Designation Memorandum of Plant Clearance Officer and Delegation of Responsibilities from Contracting Officer

 

 

MEMORANDUM

 

 

TO: [insert plant clearance officers name]

 

FROM: [insert contracting officers name]

 

SUBJECT: Delegation of Authority under Contract Number [insert contract number]

Pursuant to the authority granted to me as a contracting officer under the Federal Acquisition Regulation (FAR) you are hereby designated as the plant clearance officer with respect to U.S. Government property [i.e., U.S. Government-furnished property (GFP) and contractor-acquired property (CAP)] disposition matters within the scope of contract number [insert contract number] (hereinafter referred as "the contract") between the U.S. Department of State and [insert name of contractor and address]. This designation is effective beginning [insert date] and will remain in full force and effect during the life of the contract unless sooner revoked by the incumbent contracting officer, successor contracting officer, or by your reassignment.

Please note that this delegation does not include the authority to make any commitments or changes that affect price, quality, delivery, or other terms and conditions of the contract. This authority is not redelegable by the property administrator. All such actions must be made in writing by the cognizant contracting officer. The property administrator may be personally liable for unauthorized acts.

In exercise of this authority as plant clearance officer you are responsible for the reporting, reutilization, donation, sales, and disposal of contractor inventory excess to the contract and of property that forms the basis of a claim against the U.S. Government (e.g. termination inventory under fixed- price contracts) in accordance with the provisions of 48 CFR 45.6 and 48 CFR 52.245-2.

If disputes with the contractor occur, a written report to the contracting officer must be prepared setting forth the issues encountered.

This delegation of authority is limited to the referenced contract and is not subject to redelegation by you. The delegation may be terminated at any time by written notice from the contracting officer if you are transferred from your present position or are prevented from continuing as plant clearance officer for the referenced contract.

 

 

Receipt Acknowledged:_______________________________________________

Signature [insert plant clearance officers name]

 

Date:_______________________

 

 

cc:

Official Contract File

Contractor

 

UNCLASSIFIED (U)