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ETA Contracting Officer’s Representative (COR) Training
“Do’s and Don'ts” Part 1: Basic Understanding of the COR Function and Responsibility
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Federal Acquisition Certification for Contracting Officer Representatives (FAC-COR)
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Purpose The purpose of the Federal Acquisition Certification for Contracting Officer’s Representatives (FAC-COR) is to establish general training, experience and development requirements for Contracting Officer Representatives (CORs) that reflect the various types of contracts managed. The competency requirement for CORs is revised to establish a risk-based, three-tiered certification program for civilian agencies that better reflects the important role of the COR.
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Training Initial training for new CORs must include, at a minimum, a course covering COR roles and responsibilities as well as fundamental contract rules and regulations. Federal Acquisition Institute (FAI) recommends that this training be provided in a classroom setting. For other CORs, any combination of online training or classroom training that contributes to learning the competencies is acceptable. FAI/DAU courses are at no cost to Federal employees.
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Level I Eight (8) hours of training required and no experience. This level of COR is generally appropriate for low-risk contract vehicles, such as supply contracts and orders.
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8 Hour Required Training Recommended Courses
COR 100 Contracting Officer’s Representative (COR) Classroom Training CLC 106 Contracting Officer Representative with a Mission Focus – Online training
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Level II 40 hours of training and one (1) year of previous COR experience required. These CORs may be called upon to perform general project management activities and should be trained accordingly. This level of COR is generally appropriate for contract vehicles of moderate to high complexity, including both supply and service contracts.
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Level III 60 hours of training and two (2) years of previous COR experience required on contracts of moderate to high complexity that require significant acquisition investment. Level III CORs are the most experienced CORs within an agency and should be assigned to the most complex and mission critical contracts within the agency. These CORs are often called upon to perform significant program management activities and should be trained accordingly.
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60 Hour Required Training Recommended Courses
CLC 222 Contracting Officer Representative Online training (32 CLPs) CLE 028 Market Research for Technical Personnel (4 CLPs) CLM 031 Improved Statement of Work (4 CLPs) CLB 016 Introduction to Earned Value Management (1 CLPs) CLM 024 Contracting Overview (8 CLPs) FAC 013 Shaping Smart Business Arrangements Expert Edition (11.5 CLPs)
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Point of Contact Carl V. Campbell, Director
Office of Acquisition Management Services (OAMS) Acquisition Career Manager (ACM) Kim E. McCray OASAM/BOC/OAMS Procurement Analyst Agency Certification Manager (202)
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COR Roles and Responsibilities Acquisition Planning (FAR Part 7)
Coordinated and integrated effort via development and execution of comprehensive Acquisition Plan. What is an Acquisition Plan? An Acquisition Plan provide a blueprint regarding the acquisition background, and presents products and services required to properly carry out the acquisition process. Acquisition Planning Team includes Contracting Officer, COR and Program/Project Managers and other designated staff. Plans vary based on dollar amount, complexity, and mission criticality. When in doubt, contact your respective Contracting Officer!
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The Acquisition Process
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Procurement Process Overview
The following pages present a flowchart of the Federal Procurement Process—detailing the phases, functions, and steps of that process. This chart represents our view on an ordering of duties and tasks for instructional purposes. The sequencing of functions or steps may vary from contract to contract. However, please note that not every function or step applies to CORs. CORs may be involved with only those functions bolded.
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PRESOLICITATION PHASE
Determination of Need Initiating the Procurement Analysis of Requirement Sourcing Determining Needs 1. Forecasting Requirements 2. Acquisition Planning Processing the PR 3. Purchase Requests 4. Funding Market Research 5. Market Research Analyzing Requirements 6. Specifications 7. Statements of Work 8. Services Competition 9. Sources 10. Set-Asides 11. 8(a) Procurements 12. Competition Requirements 13. Unsolicited Proposals Selection Factors 14. Lease vs. Purchase 15. Price Related Factors 16. Technical Evaluation Factors Method and Plan for the Procurement 17. Method of Procurement 18. Procurement Planning
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SOLICITATION-AWARD PHASE
Evaluation— Sealed Bidding Negotiation Award Terms and Conditions 19. Contract Types 20. Letter Contracts 21. Contract Financing 22. Use of Government Property and Supply Sources 23. Need For Bonds 24. Solicitation Preparation Soliciting Offers 25. Publicizing Proposed Procurements 26. Preaward Inquiries 27.Prebid/ Preproposal Conferences 28. Amending Solicitations 29. Cancelling Bid Evaluation 30. Processing Bids 31. Bid Acceptance Periods 32. Late Offers 33. Bid Prices 34.Responsiveness Proposal Evaluation 35. Processing Proposals 36. Technical 37. Price Objectives 38. Cost and Pricing Data 39. Audits 40. Cost Analysis 41. Evaluating Other 42. Competitive Range Discussions 43. Fact-finding 44. Negotiation Strategy 45. Conducting Selection for 46. Mistakes in Offers 47. Responsibility 48. Subcontracting Requirements 49. Preparing Awards Executing Awards 50. Award 51. Debriefing Protests 52. Protests Fraud and Exclusion 53. Fraud and
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POST-AWARD ADMINISTRATION PHASE
Start-Up Quality Assurance Payment and Accounting Closeout/Mods Planning 54. Contract Administration 55. Post-Award Orientations Ordering 56. Ordering Against Contracts and Agreements Subcontracting 57. Consent to Subcontracts Monitoring and Problem Solving 58. Monitoring, Inspection, and Acceptance 59. Delays 60. Stop Work 61. Remedies Property 62. Property Reporting Performance Problems 63. Reporting Payment 64. Limitation of Costs 65. Payment 66. Unallowable 67. Assignment of Claims 68. Collecting Contractor Debts 69. Progress Payments 70. Price and Fee Adjustments 71. Accounting and Cost Estimating Systems 72. Cost Accounting Standards 73. Defective Pricing Closeout 74. Closeout Contract Modification Modifications/Opti ons 75. Contract Modifications Termination 76. Termination 77. Bonds 78. Claims
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COR Duties and Responsibilities
The COR has many duties, including the following: Monitoring the contractor’s progress and performance, including the submission of required reports or other documentation. Perform, or cause to be performed, all necessary inspections, and acceptance for deliverables. Verify that the contractor has corrected all correctable deficiencies. Otherwise, contact the Contracting Officer Perform acceptance for the government of supplies and services received, including certifying receipt of supplies/services. Maintain liaison and direct communications with both the contractor and the contracting officer.
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COR Duties and Responsibilities Continued
Recommend to the CO contract modifications and termination actions. Assist in meeting the Government's contractual obligations to the contractor. This includes, but is not limited to, arranging to supply Government furnished equipment, facilities, and services called for in the contract and providing them timely. It may become necessary to provide technical interpretation to the contractor for some portion of the work. Any technical assistance given to the contractor by the COR should be documented in the contract file. For significant matters, the notification should be provided to the contractor in writing. The COR shall notify the CO immediately whenever the contractor disagrees with or refuses to comply with any technical aspects of the contract as interpreted by the COR. Report any instance of suspected conflict of interest or fraud, waste, and abuse to the local Office of General Counsel that supports the contracting officer.
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COR Responsibility: Acquisition Planning
Work in conjunction with CO to develop the Acquisition Plan. Provide technical expertise. Conduct market research. Develop/recommend technical evaluation criteria. Develop requirements. Develop performance monitoring approach. When unsure, contact your respective Contracting Officer!
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COR Requirements for a new Acquisition
Statement of Work Independent Government Cost Estimate (IGCE) Technical Evaluation Criteria Possible sources of supply/service Funding
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Acquisition Planning COR Tips:
Work cooperatively with the Contract Specialist Stay focused and “on-plan” Document, document, document
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SOW and IGCE IGCE Tips: Know the market.
Consider multiple sources even if you like the incumbent. Obtain help from Contracting Officers and Specialists on points of reference or sample documents. Document: facts, assumptions, constraints, risks and market conditions
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Prepare an Independent Government Cost Estimate (IGCE)
The COR should ensure that the Government estimate: Describes program needs (i.e., technical objectives versus wants). Lists probable line items and the probable quantity, cost, and procurement milestones for each. Describes and is based on factual information.
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Methods to Develop an IGCE
Services Historical Cost Data from Current or Previous Contracts. Department of Labor’s Wage and Determination Scale (Specific Labor Categories). GSA Schedules – MOBIS, etc. Various Job Search sites: Career Builder, Monster.com and Ladders.com, Payscale.com (provides data extensive pay data based upon occupations and geographical regions.) Use the internet
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COR Documentation A COR must maintain a file for each contract assigned. This file documents ALL actions taken in regard to the contract. It should include, as a minimum – Your copy of the appointment letter from the contracting officer and any correspondence from the contracting officer which amends the letter of appointment; A copy of the contract or Task Order and all modifications; All correspondence initiated concerning performance of the contract; All correspondence to and from the contracting officer and the contractor; Record of all inspections performed and the results; and All memorandum for records (MFRs) or minutes of any pre-performance conferences, meetings, or discussions with the contractor, or others, pertaining to the contract or contract performance.
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COR Documentation The importance of maintaining complete and orderly files cannot be overemphasized, and it is critical to transfer responsibility if the COR is changed during the term of the contract. As a matter of practice, the COR holding discussions or conducting business with contractors shall prepare Memoranda for Record (MFRs) of meetings, trips, and telephone conversations relating to the contract. Each MFR, other similar records, and correspondence relating to the contract shall cite the contract number. A copy of all actions or correspondence shall be furnished to the Contracting Officer and all other interested parties having a need to know. Note: Documents that may contain contractor proprietary data or other business sensitive information should not be released outside the Government without approval of the Contracting Officer and FOIA Officer.
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Developing SOW and IGCE
Defining the requirement (how long, how much) Understand agency program needs and research what is available in the open market SOW: Statement of agency needs Neither more nor less than what is needed to accomplish the Agency’s missions and goals. Clear and concise Not restrictive to one or a few company‘s capabilities Not restrictive to a company’s proprietary solution
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COR and Proposal Evaluation
Perform technical evaluation as part of Source Selection Board/Technical Evaluation Panel Compare proposals individually against technical evaluation criteria (not each other) Document strengths, weaknesses, significant weaknesses and deficiencies Work with Board/Panel members to rank offerors based on CO direction May later participate in debriefing a losing offeror or become testify during a protest
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Establish COR Contracting File:
Basic contract information (Contract number, CO, Contractor name, period of performance, contract dollar amount, award date) Primary and secondary milestones and due dates Deliverables and due dates Track Contract or Task order invoices using an Excel Spreadsheet. Track against the budgeted amounts Track by appropriation code Maintain copies of invoices and payments Correspondence to/from the Contractor and/or Contracting Officer Feedback to CO and contractor Note: Use Outlook to track dates for deliverables and to correspond with the Contractor. Print these off and maintain for the COR’s Official Record.
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Technical Evaluation Criteria
Technical approach to performing the work Corporate Experience Understanding of the Government's Requirement Qualifications of Key Personnel or All Personnel Quality assurance programs and plans. Others?
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Past Performance Past Performance Information Retrieval System(PPIRS) used to document a company’s past performance. COR will complete an assessment in the Contractor’s Performance Assessment Reporting System (CPARS) for each award more than $100,000. This report will feed PPIRS.
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Price/Cost Analysis Price/Cost Analysis is performed by the Contracting Office Based on Contract Type (Cost Reimbursement, Labor Hour, or Fixed Price) Use the IGCE for comparison (reality check)
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Things to Remember The Contractor can only be held to those requirements or standards stated in the Contract. When in doubt contact your CO. Keep a record of contractor performance. Track invoices and billing to ensure alignment with contract and internal budget .
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Next Time - Post Award Activities
The COR functions as the "eyes and ears" of the contracting officer in the post- award phase by monitoring and documenting the contractor's technical performance. The COR is responsible for technical administration of the contract and shall represent the government in technical phases of the work. Examples of important COR duties include the following: (1) Conducting contract surveillance to ensure that services meet the performance standards set forth in the contract. (2) Inspecting and accepting or rejecting work performed under the contract, including review/approval of reports. It is essential that the COR inform the contracting officer immediately, in writing, upon discovering that the contractor is not performing in accordance with the terms of the contract. (3) Resolving technical issues arising under the contract that fall within scope of the COR's authority, and referring to the contracting officer any issues that cannot be resolved without additional cost or time. (4) Reviewing, approving, and processing the contractor's invoices and expenditures of resources relating to the contract. (5) Informing the contracting officer, in writing, of any needed changes in the contract or task order.
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Questions? Lewis Weaver Branch Chief, Contract Policy and Closeout ETA, Office of Contracts Management Phone:
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