NAVFAC Contracting Officer Authorized Representative (COAR) Web-based Training
Table of Contents Introduction and Course Logistics (Running Time 5:58) ......................... 2 Appointment and Preaward Duties/Responsibilities (Running Time 15:10) ............................................................................................................. 10 Postaward Duties/Responsibilities (Running Time 17:34) ...................... 31 Contract/Task Order Negotiations (Running Time 14:18) .................... 55 Final Exam ..................................................................................................... 75
CONTRACTING OFFICER AUTHORIZED REPRESENTATIVE (COAR)
Introduction and Course Logistics (Running Time 5:58) PAGE 1 Audio: Welcome to the web-based Contracting Officer's Authorized Representative course. If you would like to follow along with a written transcript of this training, you can download a copy by clicking on the Transcript icon located in the lower left corner of the screen, marked by the “T” symbol. You can also download the transcript from the Resources page of this training site. You can access the Resources page by clicking on the Resources icon at the top of the screen. On screen: Contracting Officer Authorized Representative (COAR) (Image of course transcript)
PAGE 2 Since most, if not all, COARs are also appointed CORs, we will explain the respective roles and responsibilities of both delegations in this course. As shown here, you can see the basic differences in education, training, and experience requirements, as well as the difference in the level of appointers and functional responsibility differences between a COR and a COAR. . The COR’s responsibility of technical monitoring and administering construction contracts leads to the COAR identifying the need for contract modifications, which they can negotiate within their respective COAR authority. Not all CORs will be qualified or assigned to be COARs, but almost all COARs will also be assigned COR responsibilities.
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CONTRACTING OFFICER AUTHORIZED REPRESENTATIVE (COAR) On screen: COAR 4-year Bachelor of Science or Arts Degree Requires ACQ 101, CLC 106 and CTC 342 training or CECOS A-4A-0101 Minimum 1-year ROICC/FEAD/IPT experience Appointed by Echelon III/IV CCO Appointment applies to construction contracts Negotiates in-scope, bilateral construction modifications Shall NOT perform inspection/acceptance function if placing the order COR No education requirement Requires CLC 106 or CLC 222 training Minimum 6 months relative experience Appointed by Contracting Officer Appointment applies to all types of contracts Performs technical monitoring/administration of contracts
PAGE 3 Audio: A COAR is an appointed civilian engineer or architect, including foreign nationals, in a NAVFAC FEAD, ROICC, or IPT office assigned to assist in contract administration and negotiate construction contract changes up to the limit of their appointment letter. Note that Civil Engineer Corp Officers may perform COAR functions without being appointed as COARs if they have appropriate training and experience. The purpose of this course is to provide you with a better understanding of the duties, responsibilities, and authority of the COAR. The course is structured into three lessons, which will take you from the preaward stage through close-out, including negotiation of contract changes. During this course we will be discussing the pre and postaward responsibilities of the COAR as well as those of the Contracting Officer’s Representative, or COR.
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CONTRACTING OFFICER AUTHORIZED REPRESENTATIVE (COAR) On screen:
Introduction/Purpose of Course •
Contracting Officer's Authorized Representative (COAR) – An appointed civilian Engineer or Architect, including Foreign Nationals, in a NAVFAC FEAD/ROICC/IPT office
•
COARs are assigned to assist in contract administration and negotiate construction contract changes up to the limit of their appointment letter
•
Civil Engineer Corps Officers may perform COAR functions without being appointed as COARs if they have appropriate training and experience
•
Purpose of course is to provide you with a better understanding of duties, responsibilities and authority of a COAR
•
Course is structured into three lessons – taking you from the preaward stage through closeout, including negotiation of contract changes
•
Course covers preaward and postaward responsibilities of COAR as well as the Contracting Officer's Representative (COR)
PAGE 4 Audio: At the end of this course, you should be able to: •
Have a better understanding of the acquisition planning process;
•
Understand the COAR appointment process and limitations of a COAR's authority and responsibilities;
•
Be able to describe the requirements for preparing a work statement and developing an Independent Government Estimate;
•
Identify the basic information found in a contract or task order;
•
Describe COR responsibilities that are required prior to award of a contract and/or task order;
•
Identify COR duties and responsibilities for assisting the Contracting Officer with contract performance;
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CONTRACTING OFFICER AUTHORIZED REPRESENTATIVE (COAR) •
Be able to recognize situations that may lead to a contract dispute and the remedies available to the Government for resolving the dispute; and
•
Understand COAR negotiation responsibilities.
On screen:
Course Objectives •
Understand the acquisition planning process
•
Understand the COAR appointment process and limitations of their responsibility and authority
•
Describe requirements for preparing a work statement and developing an Independent Government Estimate
•
Identify basic information found in a contract or task order
•
Describe COR responsibilities that are required prior to award of a contract and/or task order
•
Identify the COR duties and responsibilities for assisting the Contracting Officer with contract performance
•
Recognize situations that may lead to a contract dispute and the remedies available to the Government for resolving the dispute
•
Understand COAR negotiation responsibilities
PAGE 5 Audio: This course can be taken independently at your own pace. However, you must complete the course within sixty days of acceptance of your course application. If you do not complete the course within sixty days, your course registration will be terminated. To accommodate your work schedule, this online course provides the ability for you to logout at any time. When you log back in, you can resume training at the point in the course where you logged out. As previously mentioned, there are three lessons in this course. You must take each lesson in the sequence in which it is presented. However, you will be able to review any previously completed lessons by clicking on the "Menu" icon highlighted here and then on the training topic.
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CONTRACTING OFFICER AUTHORIZED REPRESENTATIVE (COAR) During the presentation of each lesson, you will have the ability to pause the presentation, skip back, and replay the presentation again. If you review a lesson that has already been completed, you will also have the ability to skip ahead. On screen:
Course Logistics •
Course must be completed within 60 days of acceptance of course application or course registration will be terminated
•
You have the ability to complete the course in stages. If you log out during the course, when you log back in you can resume training at the point where you last logged out
•
Lessons must be taken in sequence
•
During each lesson, you may pause, skip back, and start again
PAGE 6 Audio: Before viewing the online presentation of each lesson, you should download and review the lesson's study guide. Click the button shown here to download the study guide, and then return to this page and click "Resume" to continue. The Study Guide can also be accessed from the Resources page of this training site. On screen: (Image of COAR Study Guide and Download Study Guide button.) (Image of “RESUME” button.)
PAGE 7 Audio: As previously mentioned, a resources page has been created for this web-based course. In addition to a written transcript of the training, this page contains links to resources referenced throughout the online presentation and the Study Guide that you can access at any time for more information regarding the topics being discussed.
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CONTRACTING OFFICER AUTHORIZED REPRESENTATIVE (COAR) On screen: (Image of Resources Page.)
PAGE 8 Audio: Before completing a lesson, you will be presented with a knowledge check to ensure your understanding of the information presented to you during that lesson. At the end of the lesson and knowledge check, click on the "Next" button to proceed to the next lesson. On screen:
Course Logistics •
At the end of each lesson, you will be presented with a knowledge check to ensure your understanding of the information presented to you
•
Upon completion of the knowledge check, click on the "NEXT" button to proceed to the next lesson
PAGE 9 Audio: After you have completed all the lessons, you will be presented with a final exam to test your overall knowledge of the information presented to you in this training course. You will be required to answer 80 percent of the questions correctly in order to complete the training. You will be given three opportunities to pass the exam. If you do not pass after three attempts, your registration for the course will be terminated and you will need to reapply.
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CONTRACTING OFFICER AUTHORIZED REPRESENTATIVE (COAR) On screen:
Course Logistics •
At the end of the training, you will be presented with a final exam
•
You must answer 80% of the questions correctly to complete the training
•
You will have three opportunities to pass the exam
•
If you do not pass after three attempts, your registration for the course will be terminated and you will need to reapply
PAGE 10 Audio: Finally, upon successful completion of the course, you will receive a Certificate of Completion, which will be provided to you electronically along with a Course Evaluation. Your Certificate will be generated once the Course Evaluation is completed. Your Supervisor will be notified that you have successfully passed the course. On screen:
Course Logistics •
Upon successful completion of course, a Certificate of Completion will be provided to you electronically along with a Course Evaluation
•
Course evaluation must be completed before you will receive Certificate of Completion
PAGE 11 Audio: If you have any questions regarding the course content or other logistics issues, please contact the course director at the number shown here.
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CONTRACTING OFFICER AUTHORIZED REPRESENTATIVE (COAR) On screen:
Questions? Contact Course Director at (805) 982-5094 or DSN 551-5094
PAGE 12 Audio: Now that you have a feel for how to navigate through this web-based training, let's begin. Click on the "Next" button to start the presentation of the first training module: Appointment and Preaward Duties and Responsibilities. On screen:
Coming up next: Appointment and Preaward Duties/Responsibilities (Image of “NEXT” button.)
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CONTRACTING OFFICER AUTHORIZED REPRESENTATIVE (COAR)
Appointment and Preaward Duties/Responsibilities (Running Time 15:10) PAGE 1 Audio: In this lesson we'll discuss the COAR's appointment, training, and authority as well as the functions and responsibilities that take place prior to contract and/or task order award. On screen:
Lesson Overview •
Appointment, training and authority of COAR
•
Functions and responsibilities that take place prior to contract and/or task order award
PAGE 2 Audio: It is important to know that all procurements for supplies and services made by any Federal agency, using appropriated funds, are regulated by the Federal Acquisition Regulation, or FAR. The FAR: •
Precludes agency acquisition regulations that unnecessarily repeat, paraphrase, or otherwise restate the FAR;
•
Limits agency acquisition regulations to those necessary to implement FAR policies and procedures; and
•
Provides for coordination, simplicity, and uniformity in the Federal acquisition process.
The Defense Federal Acquisition Regulation Supplement, or DFARS, implements and supplements the FAR. The DFARS is issued and maintained by the Department of Defense. The Navy Marine Corps Acquisition Regulation Supplement, or NMCARS, provides further guidance for all Navy and Marine Corps commands. The NAVFAC Acquisition Standards, or NFAS, provides general guidance to field Contracting Officers in the execution of their delegated authority. It implements or supplements the FAR, the DFARS, and the NMCARS.
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CONTRACTING OFFICER AUTHORIZED REPRESENTATIVE (COAR) All Supplemental Regulations are prohibited from granting more authority or being less restrictive than the “parent” regulation. However, these supplemental regulations may put further restrictions on authority. In other words, the guidance you find in the FAR may be more restrictive in the DFARS, and then more restrictive in NMCARS and NFAS. On screen:
Acquisition Regulations Federal Acquisition Regulation (FAR) •
Precludes agency acquisition regulations that unnecessarily repeat, paraphrase, or otherwise restate the FAR
•
Limits agency acquisition regulations to those necessary to implement FAR policies and procedures
•
Provides for coordination, simplicity, and uniformity in the Federal acquisition process
Defense Federal Acquisition Regulation Supplement (DFARS) •
Implements and supplements the FAR
•
Issued and maintained by the Department of Defense
Navy Marine Corps Acquisition Regulation Supplement (NMCARS) •
Provides further guidance for all Navy and Marine Corps commands
NAVFAC Acquisition Standards (NFAS) •
Provides general guidance to field Contracting Officers in the execution of their delegated authority
•
Implements or supplements the FAR, the DFARS, and the NMCARS
Supplemental Regulations •
Are prohibited from granting more authority or being less restrictive than the “parent” regulation
•
May put further restrictions on authority
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CONTRACTING OFFICER AUTHORIZED REPRESENTATIVE (COAR) PAGE 3 Audio: As authorized in FAR Subpart 1.6, Contracting Officers receive their authority from their Agency Head. The Contracting Officer is solely responsible for ensuring performance of all necessary actions for effective contracting, ensuring compliance with the terms of the contract, and safeguarding the interests of the United States in contractual relationships. As authorized in DFARS 201.602, Contracting Officers may designate and authorize certain qualified individuals to perform specific technical or administrative functions on a contract. There are several different types of appointed technical representatives. On screen:
Contracting Officer DEFINITION: A person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings AUTHORITY is received from Agency Head (FAR Subpart 1.6) •
Solely responsible for ensuring performance of all necessary actions for effective contracting
•
Ensures compliance with the terms of the contract
•
Safeguards the interests of the United States in contractual relationships
PAGE 4 Audio: Although many terms are used for technical oversight personnel, the DFARS cites a single term – Contracting Officer’s Representative, or COR. A COR is an appointed technical person who assists the Contracting Officer with administrative oversight of a contract. On screen:
Contracting Officer's Representative (COR) A person assigned by the Contracting Officer to provide technical direction/clarification and guidance within the scope of the contract specifications or Statement of Work
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CONTRACTING OFFICER AUTHORIZED REPRESENTATIVE (COAR) PAGE 5 Audio: A Contracting Officer’s Authorized Representative, or COAR, is a term used specifically by NAVFAC for designated civilian engineers or architects, including foreign nationals, who are appointed by the Contracting Officer to assist with oversight of construction contracts administered by a FEAD, ROICC, or IPT office. It should be noted that these are functional appointments and not specific job titles like “Civil Engineer” or “Engineering Technician”. On screen:
Contracting Officer's Authorized Representative (COAR) A designated civilian engineer/architect in a FEAD/ROICC/IPT office assigned, by a Contracting Officer, to negotiate construction contract changes up to the limit of their appointment letter
PAGE 6 Audio: Now we will discuss the COAR nomination and appointment process. Since a COAR is one type of COR, the same requirements spelled out in DFARS 201.602-2 apply. The DFARS requires that a COR: •
Be a government employee;
•
Be qualified by training and experience commensurate with the responsibilities to be delegated; and
•
Be designated in writing with a copy furnished to the Contractor and to the contract administration office.
In accordance with NFAS 1.602-2, minimum training, education and experience requirements must be met prior to being designated as a COAR. The minimum training requirements are ACQ 101, CLC 106, Annual Ethics Training, and either CTC-342 or CECOS A-4A-0101. Course requirements may be waived in exceptional circumstances. Waivers must be approved by the Echelon III Chief of the Contracting Office (or CCO).
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CONTRACTING OFFICER AUTHORIZED REPRESENTATIVE (COAR) In addition to other delegated duties, COARs may be delegated authority to negotiate inscope changes on construction contracts. Delegations are based on the needs of the FEAD, ROICC, or IPT and the qualifications of the COAR. The nomination and appointment processes are tracked in the mandatory DoD Contracting Officer’s Representative Tracking (CORT) Tool. You will need to review the CORT procedures with your supervisor to ensure appropriate information is loaded in this web-accessible management application. The current COAR negotiation authority experience requirements listed at NFAS 1.602-2 are shown here. On screen:
Nomination and Appointment (DFARS 201.602-2, NFAS 1.602-2) DFARS requires a COR be: •
A Government employee
•
Be qualified by training and experience commensurate with the responsibilities to be delegated
•
Be designated in writing with a copy furnished to the Contractor and to the contract administration office
NFAS specifies minimum training, education and experience for COARs: •
Education - Degree in Engineering or Architecture
•
Training: o o o o
ACQ 101 CLC 106 Annual Ethics Training CTC-342, COR/COAR or CECOS A-4A-0101, Intro to FEAD/ROICC
Course requirements may be waived in exceptional circumstances. Waivers must be approved by the Echelon III Chief of the Contracting Office (or CCO). •
COR nominations and appointments are tracked in the Contracting Officer’s Representative Tracking (CORT) Tool
•
Experience (for negotiation authority) o o
< $25,000 (1 year in FEAD/ROICC/IPT environment or equivalent) $25,000 - $150,000 (2 years in a FEAD/ROICC/IPT environment or equivalent)
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CONTRACTING OFFICER AUTHORIZED REPRESENTATIVE (COAR) PAGE 7 Audio: The NAVFAC office that is requesting COAR authority should prepare a nomination package to include: •
Qualifications of the prospective COAR;
•
Affirmation of education, training, and experience; and
•
Affirmation of understanding of limits of COAR authority.
The nomination package is forwarded to the Echelon III or Echelon IV Contracts Support Office for review. On screen:
Nomination Package NAVFAC office requesting COAR authority prepares Nomination Package to include: •
Qualifications of prospective COAR
•
Affirmation of: o
Education
o
Completed training
o
Experience
o
Understanding of COAR authority
Nomination Package is forwarded to the Echelon III/IV Contracts Support Office for review
PAGE 8 Audio: In accordance with NFAS 1.602-2, the COAR shall be formally appointed in writing by the Echelon III or Echelon IV Chief of the Contracting Office. There are several elements that must be addressed in this delegation. •
It must be in writing, with a copy provided to the Contractor and the Administrative Contracting Officer;
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CONTRACTING OFFICER AUTHORIZED REPRESENTATIVE (COAR) •
It must specify the extent of the COAR’s authority to act on behalf of the Contracting Officer; and
•
It must identify the limitations on the COAR authority.
COAR authority is authorized on a contract and/or task order basis, unless the Contracting Officer determines otherwise. On screen:
Appointment (NFAS 1.602-2) COARS are formally appointed by the Echelon III/IV CCO COAR appointments must: •
Be in writing (an appointment letter), with copy provided to the Contractor and the ACO
•
Specify the extent and limitations of the COAR’s authority
•
Identify the limitations on the COAR authority
Note: COAR authority is authorized on a contract and/or task order basis, unless the Contracting Officer determines otherwise.
PAGE 9 Audio: As we previously discussed, a COR is an appointed technical person who assists the Contracting Officer with administrative oversight of a contract. Although some may argue that the most important aspect of a COR’s functions involves inspection and postaward issues, it is paramount that a COR understand and fully participate in all of the preaward requirements such as acquisition planning and market research, as well as development of Statements of Work, Independent Government Estimates, assisting with Purchase Requests and site surveys.
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CONTRACTING OFFICER AUTHORIZED REPRESENTATIVE (COAR) On screen:
Preaward COR Functions • • • •
Acquisition Planning Market Research Work Statements, IGEs, and Purchase Requests Site Surveys
PAGE 10 Audio: Acquisition planning provides the Government an opportunity to establish all the criteria that will lead to the development and release of a solicitation, with the intent of selecting the best value offeror to accomplish our mission goals. FAR 7.104 states that acquisition planning should begin as soon as the agency need is identified, preferably well in advance of the fiscal year in which the contract award or order placement is necessary. FAR 7.102 and FAR 7.104 state that an acquisition team shall be formed consisting of all those who will be responsible for significant aspects of the acquisition. This planning process must be conducted as a team effort, involving the customer’s program manager, contracting personnel, legal counsel, financial personnel, technical personnel and others as required. Each member of the acquisition team has a key role in the process. It is imperative that technical personnel with the appropriate skill sets actively engage in acquisition planning to ensure the highest quality solicitation. On screen:
Acquisition Planning Team (FAR 7.102 and FAR 7.104) • • • • • •
Customer Program Manager Contracting (Business Manager) Legal Financial Technical
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CONTRACTING OFFICER AUTHORIZED REPRESENTATIVE (COAR) PAGE 11 Audio: When a determination is made to acquire a requirement by contract, the commercial marketplace must be canvassed to see whether there are qualified sources capable of satisfying the Government’s requirements. This is known as External Market Research. Internal Market Research may also be conducted to see if the government has a historical record of similar procurements. This lets the government team know if past procurements have been successful in terms of quality, timeliness, and cost. It also allows the government the opportunity to apply lessons learned from similar procurements – what worked and what didn’t work. It is important to remember that the quality of the Market Research conducted will have a direct impact on understanding industry capability for performing a requirement, and obtaining resource pricing information for development of the Independent Government Estimate. Listed here are some of the common types of market research. NAVFAC Business Management System (or BMS) process S-17.1.1 contains more detailed information concerning conducting market research.
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CONTRACTING OFFICER AUTHORIZED REPRESENTATIVE (COAR) On screen:
Market Research External Market Research – Canvassing of commercial marketplace to see if there are qualified sources capable of satisfying Government's requirements Internal Market Research – Conducted to see if the Government has a historical record of similar procurements Quality of market research conducted will have a direct impact on: •
Understanding industry capability for performing a requirement
•
Obtaining resource pricing information for development of the Independent Government Estimate
Common types of market research: •
Contact government and industry regarding market capabilities
•
Review results of recent market research reports
•
Publish formal requests for information
•
Query internet information sources
•
Obtain source lists from other agencies
•
Review catalogs and product literature
•
Conduct interchange meetings
For further information, refer to NAVFAC BMS process S-17.1.1 Market Research Including MOPAS Requirements
PAGE 12 Audio: One of the first and most important steps in the acquisition process is the development of the Statement of Work, or Specification. The elements of a Statement of Work should include: •
A general description of the project scope and requirements;
•
The customer’s operational and functional needs;
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CONTRACTING OFFICER AUTHORIZED REPRESENTATIVE (COAR) •
Government furnished property, facilities, equipment, utilities, data and services;
•
Submittal requirements;
•
Safety requirements;
•
Anti-Terrorism Force Protection requirements;
•
Testing;
•
Permits;
•
Required licenses and/or certification of contractor personnel; and
•
Schedules or Period of Performance.
All of these elements will be used in developing the Independent Government Estimate. On screen:
Statements of Work Elements of a SOW: •
General Scope of Work
•
Customer’s Operational and Functional Needs
•
Government Furnished Property and Other Furnished Items
•
Submittal Requirements
•
Safety Requirements
•
Anti-Terrorism Force Protection Requirements
•
Testing, Permits, Required Licenses and/or Certification Requirements
•
Schedules or Period of Performance
PAGE 13 Audio: NAVFAC BMS process S-17.2.1 Purchase Request Review requires an Independent Government Estimate be developed in advance of a request for proposal from an offeror.
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CONTRACTING OFFICER AUTHORIZED REPRESENTATIVE (COAR) This applies whether you are anticipating a major contract award or when conducting postaward functions such as task orders or modifications to a contract or task order. It is the COR, with input from the client and assistance from other technical experts, who is ultimately responsible for the description of the proposed contract task order or change, and the accuracy of the Independent Government Estimate that will accompany them. In preparing the Independent Government Estimate, there are a number of cost drivers that will need to be reviewed. These cost drivers are shown here. On screen:
Independent Government Estimate (IGE) NAVFAC BMS S-17.2.1 Purchase Request Review requires an IGE be developed in advance of receipt of proposals COR is responsible for description of the proposed contract task order or change, and the accuracy of the IGE Cost drivers that need to be reviewed: •
Labor Mix and Level of Effort
•
Material
•
Submittal Requirements
•
Meeting Requirements
•
Travel Requirements
•
Government Furnished Data or Materials
•
Subcontractor Costs
•
Time of Performance
•
Overhead and Profit
PAGE 14 Audio: Upon submittal of a Purchase Request, and prior to proceeding with the acquisition of the requirements, the client, COR, or other technical personnel are responsible for ensuring all requisite documents are included with the Purchase Request. These documents
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CONTRACTING OFFICER AUTHORIZED REPRESENTATIVE (COAR) include an Acquisition Plan, funding availability statement, Statement of Work or Specification, a schedule or performance dates, any supporting documents such as Justifications and Approvals or Determinations and Findings, and the Independent Government Estimate. On screen:
Purchase Requests Requisite documents to be included with the Purchase Request: •
Acquisition plan
•
Funding document
•
SOW/Specifications
•
Schedule or performance dates
•
Supporting documentation (J&A, D&F, etc.)
•
IGE
PAGE 15 Audio: FAR 36.210 states the Contracting Officer should make appropriate arrangements for prospective offerors to inspect the work site and examine data available to the government which may provide information concerning the performance of the work, such as boring samples, original boring logs, and records and plans of previous construction. Technical personnel should assist the Contracting Officer by helping to gather the data and information in one place for examination purposes and in setting the time and place for the site visit.
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CONTRACTING OFFICER AUTHORIZED REPRESENTATIVE (COAR) On screen:
Site Survey •
Contracting Officer should make arrangements to allow prospective offerors an opportunity to inspect site and gain information concerning the performance of work (i.e., boring samples, original boring logs, and records and plans of previous construction)
•
Technical personnel should assist the Contracting Officer by gathering appropriate information
•
A time and place should be set for site visit
PAGE 16 Audio: The COR has several key responsibilities prior to the beginning of work on a contract. These include: •
Becoming familiar with the contract;
•
Developing the COR Work Plan and COR monitoring methods; and
•
Participating in the preconstruction meeting.
Time and effort spent on these tasks, prior to the Contractor starting work, will be instrumental in assuring that a Contractor understands their responsibilities relative to contract performance. On screen:
Preconstruction Responsibilities Key responsibilities of COR prior to beginning of work on a contract: •
Knowledge of contract
•
Developing COR Work Plan
•
Developing COR monitoring methods
•
Participating in preconstruction meeting
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CONTRACTING OFFICER AUTHORIZED REPRESENTATIVE (COAR) PAGE 17 Audio: One of the most basic tools all technical personnel require is how to recognize the basic information found in a contract -- whether it is in the Construction Specification Institute format or the Uniform Contract Format. CORs should be able to cite a specific contract section when answering a Contractor’s questions concerning the contract. The structure of the CSI and UCF formats are shown here. On screen:
Contract Formats •
Construction Specification Institute (CSI) Sections 00xxx - Contractual Requirements & General Requirements Sections 01xxx – Administrative Requirements
•
Uniform Contract Format (UCF) Part I
The Schedule – Contains Sections A-H
Part II Contract Clauses – Contains Section I Part III List of Documents, Exhibits, and other Attachments – Section J Part IV Sections K, L, and M – Part of the solicitation but not part of awarded contract
PAGE 18 Audio: The UCF contract contains Sections A through J. Sections K, L, and M are not part of an awarded contract, but they are part of the solicitation and kept in the official contract file. Section K contains contractor representations and certifications and Sections L and M contain instructions to offerors and evaluation criteria and should comply with the Acquisition Plan and Source Selection Plan.
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CONTRACTING OFFICER AUTHORIZED REPRESENTATIVE (COAR) On screen:
Uniform Contract Format
(Image of Uniform Contract Format.)
PAGE 19 Audio: Upon award of a contract and/or task order, the COR must review it and consider their responsibilities. A work plan should be developed that includes the items shown here. This work plan serves as a synopsis of duties for each contract or task order and helps CORs manage their many duties.
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CONTRACTING OFFICER AUTHORIZED REPRESENTATIVE (COAR) On screen:
COR Work Plan •
Administrative information from contract
•
Historical considerations
•
Performance monitoring
•
Performance documentation
•
Areas of concern
PAGE 20 Audio: Prior to the beginning of work, a preconstruction meeting is held with the Contractor to ensure that both parties have a clear understanding of all the contract requirements. Key Government and Contractor players, and their roles and responsibilities, are introduced and any potential problems are identified and resolved. Preconstruction meetings for basic contracts are normally chaired by the Contracting Officer. Preconstruction meetings for contract task orders are often chaired by the COR. Whoever chairs the meeting, there should be agreement, prior to the meeting, to ensure that all government personnel address the appropriate issues. After award of the contract and prior to meeting with the Contractor, there should be an internal government meeting for the purpose of identifying any potential issues and possible resolutions.
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CONTRACTING OFFICER AUTHORIZED REPRESENTATIVE (COAR) On screen:
Preconstruction Meeting •
A preconstruction meeting is held prior to the beginning of work to ensure the Contractor and Government personnel have a clear understanding of all contract requirements
•
Preconstruction meetings for contracts are normally chaired by the Contracting Officer
•
Preconstruction meetings for task orders are often chaired by the COR
•
Prior to preconstruction meeting, an internal Government meeting is held (including the COR) for the purpose of identifying any potential issues and possible resolutions
PAGE 21 Audio: It is the COR’s responsibility to read and understand all of the requirements of the contract or task order and identify any issues that will have a bearing on performance. As the technical advisor to the Contracting Officer, it is also the COR’s responsibility to offer solutions to any potential problems. Other COR responsibilities are also identified here. On screen:
COR Responsibilities •
Attend Contracting Officer’s internal postaward meeting
•
Participate at the preconstruction meeting
•
Give presentations as requested by Contracting Officer
•
Provide guidance in areas of expertise
•
Respond to questions
•
Review preconstruction meeting notes
•
Complete any action items assigned
•
Be knowledgeable of problem resolution procedures
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CONTRACTING OFFICER AUTHORIZED REPRESENTATIVE (COAR) PAGE 22 Audio: This concludes Lesson 1. In this lesson, we discussed the procedures to be followed for appointment of a COAR, as well as the authority, duties and responsibilities of a COR that take place prior to contract and/or task order award. On screen:
Lesson Summary •
Procedures to be followed for appointment of a COAR
•
COR authority, duties and responsibilities prior to contract and/or task order award
PAGE 23 Audio: Let's take a moment to see what you've learned. On screen:
Knowledge Check Knowledge Check 1 On screen: Any technical person at a FEAD/ROICC/IPT may be appointed COAR authority. A. True B. False
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CONTRACTING OFFICER AUTHORIZED REPRESENTATIVE (COAR) Knowledge Check 2 On screen: Acquisition planning should begin approximately three months prior to the RFP issue date. A. True B. False
Knowledge Check 3 On screen: The preconstruction meeting is generally chaired by: A. COAR B. Customer C. Contracting Officer D. Whoever volunteers
Knowledge Check 4 On screen: According to the NFAS, who shall delegate COAR authority to civilian engineers/architects in FEAD/ROICC/IPT offices? A. Contracting Officer B.
Resident Officer in Charge of Construction (ROICC)
C. Echelon III/IV CCOs
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CONTRACTING OFFICER AUTHORIZED REPRESENTATIVE (COAR) PAGE 24 Audio: In the next lesson, you'll learn about the COR's duties and responsibilities during the administration of a contract or task order. Click on the "Next" button to proceed. On screen:
Coming up next: Postaward Duties/Responsibilities (Image of “NEXT” button.)
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CONTRACTING OFFICER AUTHORIZED REPRESENTATIVE (COAR)
Postaward Duties/Responsibilities (Running Time 17:34) PAGE 1 Audio: In this lesson, you'll obtain an understanding of the duties a COR is expected to perform after a contract or task order is awarded and construction begins. We will discuss issues such as Contractor performance, the COR file, monitoring and surveillance, scope changes, inspection/acceptance, and disputes. Forming an active team relationship between the COR and the Contracting Office, centering on communication and problem resolution, is vital to providing top quality service to our customer while protecting the best interest of the Government. On screen:
Lesson Overview •
Obtain understanding of duties a COR is expected to perform after contract/task order award and construction begins
•
During this lesson we will discuss the following issues: o
Contractor performance
o
COR file
o
Monitoring and surveillance
o
Scope changes
o
Inspection/acceptance
o
Disputes
Team relationship between COR and Contracting Office is vital!
PAGE 2 Audio: FAR 42.302 lists 70 possible functions for administration of contracts. A COR may be tasked with assisting the Administrative Contracting Officer with some of the
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CONTRACTING OFFICER AUTHORIZED REPRESENTATIVE (COAR) technical aspects of the contract as listed in those 70 items. These tasks will be listed in the COR appointment letter. To assist in the administration of the contract, the Contracting Officer should develop a Contract Administration Plan which will list major deliverables, milestones, and areas of responsibility during contract performance. As we discussed in Lesson 1, a COR will also be responsible for developing a Work Plan for each contract or task order they are assigned technical responsibility. Contract administration performed in accordance with the COR Appointment Letter, Contract Administration Plan, and the COR Work Plan will assist a COR in managing their various duties and avoid situations that will lead to conflict. On screen:
Contract Administration FAR 42.302 lists 70 possible contract administration functions COR tasks identified in: •
COR Appointment Letter
•
Contract Admin Plan
•
COR Work Plan
PAGE 3 Audio: During the life of a contract or task order, it is imperative that the COR maintain all contract or task order documents in chronological order on all aspects of the contract. However, not all items need to be physically located in the COR file as long as the COR file references the contract file as the location of the documents. Other than the official contract file, the COR file is the single most important document the Government relies upon in responding to a dispute. A properly documented COR file will provide a history of the contract requirement and changes that may have occurred, all correspondence, resolution of technical issues, invoices received, and payments made. Since the COR file will be a source document when disputes arise, it should also include copies of all interactions with the Contractor such as inspections, written documentation, meeting notes, telephone call notes, and emails. Special attention should be given to filing contentious issues with all relative documents and correspondence to assist with ease of retrievability for responding to possible equitable adjustment requests.
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CONTRACTING OFFICER AUTHORIZED REPRESENTATIVE (COAR)
On screen:
Contract Administration – COR Files •
The COR must maintain all contract/task order documents in chronological order
•
COR file is the single most important document the Government relies upon in responding to a dispute A properly documented COR file will provide: o
A history of the contract requirements and changes that have occurred
o
Correspondence
o
Resolution of technical issues
o
Invoices received
o
Payments made
o
Copies of all interactions with the Contractor (i.e., inspections, written documentation, meeting/telecon notes, emails)
PAGE 4 Audio: Much of the effort a COR performs on behalf of the Contracting Officer and the customer is focused on ensuring the Contractor performs in accordance with the terms and specifications of the contract. The FAR and the DFARS make it clear that Quality Control is the responsibility of the Contractor. Acting on behalf of the Government, the COR’s responsibility is to ensure that the Contractor provides and is paid for only those items that meet the quantity, quality, and timeliness of the contract requirements. This is known as Quality Assurance.
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CONTRACTING OFFICER AUTHORIZED REPRESENTATIVE (COAR) On screen:
Contractor Performance FAR Part 46: Contractor is responsible for tendering only items that conform to contract requirement. DFARS Part 246: Agencies shall provide Contractors maximum flexibility in establishing efficient and effective quality programs. Quality Control: The Contractor is responsible for providing an adequate inspection system and performing such inspections as will ensure that the work performed under the contract conforms to contract requirements. Quality Assurance: The Government is responsible for ensuring that contract performance conforms to the specified requirement. This is done by performing various functions, including inspection and testing.
PAGE 5 Audio: There are two main labor laws regarding construction contracts, where enforcement rests with the contracting office. The Construction Wage Rate Requirements Statute (CWRRS) applies to all construction contracts greater than the monetary threshold set by the CWRRS (currently $2,000), and requires the Contractor to pay employees certain wages and fringe benefits for the specific geographic area. The Kickbacks Act covers sanctions when there is a kickback of any part of the employee’s wages in any manner to his or her employer. Agencies are required to make labor law compliance checks, as necessary, to ensure compliance with the labor standards of the contract. CORs normally perform these checks, which include certified payroll reviews, OnSite inspections, and/or employee interviews.
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CONTRACTING OFFICER AUTHORIZED REPRESENTATIVE (COAR) On screen:
Labor Laws Construction Wage Rate Requirements Statute •
Applies to all construction contracts over $2,000
•
Requires Contractor to pay employees certain wages and fringe benefits
•
Enforcement responsibility of the contracting agency
Kickbacks Act •
Any contractor or subcontractor who induces an employee working on a covered contract to give up any part of the compensation to which he or she is entitled is subject to sanctions
•
Agencies required to make labor law compliance checks (normally performed by COR)
•
Requires Contractor submission/COR review of weekly payrolls
PAGE 6 Audio: The COR is not only responsible for the technical requirements but for overall monitoring of any Contractor action or inaction that may have a negative effect on the Contractor’s ability to perform. Surveillance methods depend on the criticality of the requirement, cost of the requirement, quality control of the Contractor, and the contractually required surveillance criteria.
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CONTRACTING OFFICER AUTHORIZED REPRESENTATIVE (COAR) On screen:
Contract Monitoring COR is responsible for overall monitoring of Contractor action/inaction Surveillance methods depend on: •
Criticality of the requirement
•
Cost of the requirement
•
Contractor’s QC program
•
Contractually required surveillance criteria
PAGE 7 Audio: Usually a COR will use a combination of methods, most of which are shown here, to perform contract surveillance. It is important to remember to document each surveillance action, whether it is a phone call or a formal inspection. On screen:
Contract Monitoring Methods •
Scheduled meetings
•
On-site visits
•
Personal observation
•
Review of daily reports
•
Review of progress schedules
•
Feedback from other Government personnel
•
Calling the Contractor
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CONTRACTING OFFICER AUTHORIZED REPRESENTATIVE (COAR) PAGE 8 Audio: The crux of COR technical direction is to assist the Contractor in the interpretation of drawings, specifications or technical portions of the Statement of Work, by filling in technical details for accomplishing the work. The amount of technical direction a COR offers will generally depend on how precise a work statement describes the contract requirements. What a COR cannot do is assign additional work; direct any change; change any of the terms, conditions or specifications; or increase or decrease the contract price, fee, level of effort or period of performance. Technical personnel assisting the Contracting Officer must be able to identify Contractor inquiries that will have an impact on the contract and discuss these issues with the Contracting Officer. On screen:
Technical Direction •
Assist the Contractor in interpretation of drawings, specifications or technical portions of the Statement of Work (SOW)
•
Amount of technical direction depends on how precise the SOW describes contract requirements
•
COR cannot effect a change on: o
Specification
o
Cost
o
Period of performance
PAGE 9 Audio: The COR is responsible for ensuring that safety laws and regulations are being followed by the Contractor. A COR does not have authority to shut down a Contractor's work. That is the responsibility of the Contracting Officer, with the exception of imminent life, human health, Government property damage, and safety violations. All violations should be documented by the COR.
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CONTRACTING OFFICER AUTHORIZED REPRESENTATIVE (COAR) On screen:
Safety is NAVFAC's #1 Priority •
COR is responsible for ensuring safety laws and regulations are being followed by the Contractor
•
COR is not authorized to direct Contractor to stop work (Contracting Officer’s responsibility) o
o
Exceptions: Situations that imminently affect:
Life
Human health
Damage to Government property
Safety violations
Document all violations
PAGE 10 Audio: Technical personnel should be vigilant in understanding the source of Contractor changes in relationship to the contract requirements. Changes should be determined to be either IN SCOPE or OUT OF SCOPE. The Contracting Officer should be consulted for a determination. On screen:
Scope Changes •
IN SCOPE - Essentially the same work bargained for
•
OUT OF SCOPE - Additional work extending beyond the general description or intent, or greatly increasing the value
PAGE 11 Audio: A constructive change is a change in cost, period of performance, or specifications, as a result of technical direction, that is outside the scope of the COR’s authority or
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CONTRACTING OFFICER AUTHORIZED REPRESENTATIVE (COAR) responsibility. If the change is cost bearing, it is also referred to as an unauthorized commitment and possible violation of the Anti-Deficiency Act. The Contracting Officer should be notified immediately and an analysis should be done to determine whether the change actually requires a contract modification or is found to be guidance that falls under “technical direction”. On screen:
Constructive Change •
A CONSTRUCTIVE CHANGE is a change in cost, period of performance or specifications, as a result of technical direction, that is OUTSIDE THE SCOPE of the COR’s authority or responsibility
•
Constructive changes may lead to unauthorized commitments and possible AntiDeficiency Act violations
•
COR should notify Contracting Officer immediately and perform analysis to determine whether change falls under “technical direction” or will require contract modification
PAGE 12 Audio: As previously mentioned, when a Constructive Change affects costs, it is called an unauthorized commitment and must be ratified by the Contracting Officer. Unauthorized Commitments are serious infractions and often result in a disciplinary action against the individual responsible. NAVFAC's BMS process S-17.6.7, Ratification of Unauthorized Commitments, contains more detailed information on ratifying an unauthorized commitment.
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CONTRACTING OFFICER AUTHORIZED REPRESENTATIVE (COAR) On screen:
Unauthorized Commitment •
An UNAUTHORIZED COMMITMENT (UC) is an agreement that is not binding solely because the Government representative who made it lacked the “actual” authority to enter into that agreement on behalf of the Government
•
Refer to BMS process S-17.6.7 Ratification of Unauthorized Commitments for more detailed information
PAGE 13 Audio: One of the primary reasons for a Contracting Officer to appoint a COR is for assistance with the inspection and acceptance of a Contractor’s work. It is during this phase that the Contractor will present to the Government for payment those items they feel meet the contract specifications. There are numerous definitions that a COR should be familiar with in relation to inspection and acceptance. The full definitions can be viewed by clicking on the Resources tab. On screen:
Inspection and Acceptance Definitions Certifying Officers
Inspection
Accountable Officials
Explicit Acceptance
DD577
Implied Acceptance
Payments
Pecuniary Liability
PAGE 14 Audio: To assist during inspection and acceptance, a COR should look to several sources for guidance on how to proceed. Various types of contracts contain different inspection and acceptance clauses; therefore, it is important for the COR to become familiar with the specific clauses that are in the contract. The Statement of Work should be reviewed for the performance requirements that the Government deems critical. An early-on review of all of these sources will help determine the most efficient monitoring method.
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CONTRACTING OFFICER AUTHORIZED REPRESENTATIVE (COAR) On screen:
Inspection Requirement Identification Sources COR can use during inspection and acceptance for guidance on how to proceed: •
Contract Clauses
•
Statement of Work
PAGE 15 Audio: Improper inspections have a direct bearing on the Contractor's ability to perform and may result in claims against the Government for time and money. The COR should be knowledgeable on the contract requirements and be timely and consistent with inspections. Always document the inspection and provide a copy to the Contractor. As with all other documentation, a copy should be included in the COR file. On screen:
Inspections •
Improper Inspections may result in claims against the Government o
Unreasonable performance inspections
o
Inconsistent inspections
o
Unreasonable inspection delays
•
COR should be knowledgeable on the contract requirements and be timely and consistent with inspections
•
Always document inspections; provide a copy to the Contractor and include copy in COR file
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CONTRACTING OFFICER AUTHORIZED REPRESENTATIVE (COAR) PAGE 16 Audio: Normally, the COR conducts inspections before the submittal of a Contractor’s invoice for payment. Occasionally, this may not be the case and the COR has to make a determination if acceptance has occurred. There are two types of acceptance. Explicit acceptance is a written formal acceptance. Implied acceptance can occur when the time for rejection, as stated in the contract, has passed. Implied acceptance can also occur if the Government has remained silent and payment has occurred, or if the Government retains and uses the delivered items or service. The COR’s determination that acceptance has occurred is critical. If acceptance has occurred, the determination is final and the Government cannot reject it except in very limited situations. On screen:
Acceptance EXPLICIT ACCEPTANCE: Some type of written formal acceptance IMPLIED ACCEPTANCE: •
Time of rejection passed
•
Payment has been made
•
Government retention and use
COR’s determination that acceptance has occurred is critical!
PAGE 17 Audio: Under certain circumstances, it may be in the Government’s best interest to accept non-conforming items. This is allowable only if acceptance does not adversely affect one or more of the items listed here. Non-conformance falls into two general areas: Minor or Major. Minor non-conformance can be accepted without modifying the contract. Major nonconformance requires a modification to the contract with the Government obtaining an equitable adjustment in the form of contract price reduction or some other form of compensation.
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CONTRACTING OFFICER AUTHORIZED REPRESENTATIVE (COAR)
On screen:
Non-Conformance May be accepted if no adverse effect on: •
Safety or health
•
Reliability, durability, performance
•
Interchangeability
•
Basic objectives of contract
Two types of Non-Conformance: •
MINOR – Can be accepted without modifying the contract
•
MAJOR – Requires a modification to the contract (Government receives equitable adjustment)
PAGE 18 Audio: If the Government is not going to accept Contractor-tendered items, the COR must tell the Contractor why it is unacceptable and give them a specific time frame in which to respond. A copy of the Notice should also be provided to the Contracting Officer. If there is a proposed correction, it should be determined that the proposed correction will meet the contract requirement and allow no additional time or money. And remember to always keep the Contracting Officer apprised of any action.
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CONTRACTING OFFICER AUTHORIZED REPRESENTATIVE (COAR) On screen:
Non-Acceptance •
Notice of Rejection: o
Must be in writing
o
Furnished to the Contractor promptly (written receipt of delivery)
o
Include reason for rejection
o
Include time frame for response
•
Ensure any proposed correction will meet the contract requirement and allow no additional time or money
•
Always keep Contracting Officer apprised of any action
PAGE 19 Audio: Prior to processing an invoice for payment, acceptance of the work requirement should have occurred or the contract should otherwise be complete. The COR, or Accountable Official, should recommend to the Contracting Officer a full, partial, or no payment. If the Contractor submits an invoice and the Government does not process it until more than seven days after receipt, the Government has constructively accepted the requirement. The Government gives up their right to reject the invoice as being improper, but the COR must still ensure that the Government only pays for those items that meet contractual requirements. It is the responsibility of the COR, as the Accountable Official, to determine whether the invoice is a proper invoice, calculate the amount of the payment, notify the Contractor if the amount to be paid is different than what was submitted, and to submit the payment certificate to the Local Processing Officer. Foreign Nationals may be appointed as CORs, but they cannot be appointed as Accountable Officials.
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CONTRACTING OFFICER AUTHORIZED REPRESENTATIVE (COAR) On screen:
Invoice Payments •
Acceptance of the work requirement should have occurred or contract should otherwise be complete before an invoice can be processed for payment
•
COR/Accountable Official recommends to Contracting Officer full, partial, or no payment (Note: Foreign Nationals cannot be appointed as Accountable Officials)
•
Invoice processing must be timely o
•
If invoice is not processed within 7 days, Government has constructively accepted requirement (Prompt Payment Act)
COR/Accountable Official is responsible for: o
Determining if invoice is proper (meets minimum standards established in Prompt Payment clauses)
o
Calculating amount of payment
o
Notifying Contractor if amount to be paid is different than submitted
o
Submitting payment certificate to Local Processing Officer
PAGE 20 Audio: Unfortunately, contracts do not always proceed smoothly from start to finish. There are a small number of contracts that require special attention for a variety of reasons. These may include delays, suspension of work, schedule compliance, non-compliance notices, and claims.
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CONTRACTING OFFICER AUTHORIZED REPRESENTATIVE (COAR) On screen:
Disputes •
Delays
•
Suspension of Work Orders
•
Schedule Compliance
•
Non-Compliance Notice
•
Claims
PAGE 21 Audio: Contract delays can occur. A COR must be able to correctly identify all delays having an impact on the performance schedule and analyze causes and impact. There are generally two types of delays: Contractor Caused and Government Caused. If the Contractor caused the delay, the Government will be entitled to a number of remedies. If the Government caused the delay, the Contractor may be entitled to compensation in the form of time or money, or both. The COR must keep the Contracting Officer informed of any delay and provide an analysis of cause, impact and alternatives. On screen:
Disputes — Delays Generally two types of delays: •
Contractor caused – Government entitled to remedies
•
Government caused – Contractor is entitled to compensation
PAGE 22 Audio: The FAR states that the Government may suspend work for a reasonable time, and that if the suspension is unreasonable, the Contractor may submit a written claim for increases in cost of performance excluding profit.
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CONTRACTING OFFICER AUTHORIZED REPRESENTATIVE (COAR) Suspensions may occur as a result of changes in requirements, clarification of specifications, or situations that imminently affect life, limb, or property. The Contracting Officer is responsible for notifying the Contractor of the suspension. The COR will assist the Contracting Officer with any analysis of impact on overall performance, such as contract labor. On screen:
Disputes — Suspension of Work (FAR 52.242-14) •
Government may suspend a Contractor’s work for a reasonable time o
•
If suspension is unreasonable, Contractor may submit written claim
Suspensions may occur as a result for changes in: o
Requirements
o
Clarification of specifications
o
Situations that imminently affect life, limb or property
•
Contracting Officer responsible for notifying Contractor of suspension
•
Consider impact on Contractor labor
PAGE 23 Audio: Most disputes occur when there is disagreement among the parties relative to payments, performance time, or contract terms. While these three areas cause the most disputes, a COR must be able to recognize warning signs that any potential for dispute exists. Some early warning signs are listed here. When a dispute cannot be resolved at the COR level, it must go to the Contracting Officer for resolution. The COR will be asked to provide background information and recommendations to the Contracting Officer.
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CONTRACTING OFFICER AUTHORIZED REPRESENTATIVE (COAR) On screen:
Disputes — Warning Signs •
Preaward questioning
•
Description of Contractor performance method at preconstruction conference
•
Lack of progress
•
Safety violations
•
Unclear or relentless correspondence
•
Refusal to sign bi-lateral agreements
•
Constant complaints against Government personnel
•
Subcontractor complaints
PAGE 24 Audio: When disputes cannot be resolved, the Contractor has the right to file a claim. The Disputes clause of the contract contains the provisions for filing and how the Government will proceed. Claims may result in a negotiated settlement or issuance of a Contracting Officer’s Final Decision. If the Contractor does not agree with a Contracting Officer’s Final Decision, an appeal may be filed. Both parties may elect to use the provisions of Alternative Dispute Resolution. Since the COR normally is most familiar with the facts of the dispute, the Contracting Officer will depend on assistance from the COR throughout any formal or informal dispute resolution process. Documentation in the COR file will be critical in defending the Government’s position.
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CONTRACTING OFFICER AUTHORIZED REPRESENTATIVE (COAR) On screen:
Claims A claim is a written demand from either party seeking money, interpretation of contract terms, or other relief arising under a contract •
Disputes Clause
•
Contracting Officer may negotiate a settlement
•
Contracting Officer may issue Contracting Officer’s Final Decision
•
Contractor may appeal to Board of Contract Appeals
•
Both parties may agree to Alternative Dispute Resolution
COR documentation is critical in defending the Government’s position!
PAGE 25 Audio: Whenever the Contractor fails to meet the terms and conditions of the contract, there are a number of remedies that the Contracting Officer can make. These may range from withholding of monies to termination for default. The Contracting Officer will make a decision on the best remedy, taking into consideration all facts and information and advice from the requiring activity. The COR will play an important part in remedy decisions by providing analysis and information. On screen:
Contractor Non-Performance or Delays Remedies •
Withholding monies
•
Acceptance of non-conforming requirements
•
Other consideration
•
Cure notice
•
Terminations
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CONTRACTING OFFICER AUTHORIZED REPRESENTATIVE (COAR) PAGE 26 Audio: For construction contracts, there are two types of Contractor evaluations that are performed: interim and final. The COR is responsible for completing these evaluations which are done on DD Form 2626. NFAS 42.1503-100 offers guidance on thresholds and procedures. The purpose of performance evaluations is to inform the Contractor of their current performance level and also as a resource document for source selection officials. When performing the evaluation, the COR must have a clear understanding of the Contractor performance requirements and the rating system in order to perform an evaluation that is not arbitrary or capricious. The contract should have the evaluation terms and criteria clearly spelled out. Any unsatisfactory evaluation requires that the Contractor be allowed to review and submit a written comment, which is then reviewed and certified at least one level above the Contracting Officer. On screen:
Performance Evaluations Construction performance evaluations: •
Interim and Final
•
DD Form 2626 ($700,000 and above)
•
Refer to NFAS 42.1503-100 for guidance
Purpose of performance evaluations: •
Inform Contractor of current performance level
•
Used as resource document for source selection officials
Unsatisfactory performance evaluations: •
Contractor allowed to review and submit written comments
•
Reviewed and certified one level above the Contracting Officer
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CONTRACTING OFFICER AUTHORIZED REPRESENTATIVE (COAR) PAGE 27 Audio: The final duty that a COR has concerning a contract or task order is to assist the Contracting Officer with closeout. COR responsibility concerning closeout is to: •
Ensure that the contract or task order is physically complete;
•
Ensure there are no outstanding claims or disputes;
•
Ensure final payment has been made; and
•
Identify any excess funds.
The COR is also responsible for the close out of the contract or task order COR file, and verification of either the return or disposition status of any Government Furnished property. Closeout completion will allow CORs to finally put all actions pertaining to the contract in a completed status. On screen:
Closeouts •
Physically complete
•
No outstanding claims/disputes
•
Final payment made
•
Identify excess funds
•
COR file sent to Contracting Office
PAGE 28 Audio: This completes Lesson 2. In this lesson, we discussed the COR's duties and responsibilities during the administration of a contract or task order.
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CONTRACTING OFFICER AUTHORIZED REPRESENTATIVE (COAR) On screen:
Lesson Summary COR’s duties and responsibilities during administration of a contract/task order: •
Contractor performance
•
COR file
•
Monitoring and surveillance
•
Scope changes
•
Inspection/acceptance
•
Disputes
PAGE 29 Audio: Let's take a moment to see what you've learned. On screen:
Knowledge Check Knowledge Check 1 On screen: The COR file should include all contract documents, including printed copies of all preaward documents. A. True B. False
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CONTRACTING OFFICER AUTHORIZED REPRESENTATIVE (COAR) Knowledge Check 2 On screen: Who is primarily responsible for enforcement of the Construction Wage Rate Requirements Statute? A. Department of Labor B. Command Labor Advisor C. Contracting Agency
Knowledge Check 3 On screen: A constructive change, when it involves cost, may also be a(n): A. Modification B.
Dispute
C. Unauthorized Commitment
Knowledge Check 4 On screen: Which clause of the contract contains the provisions for filing a claim? A. Payments Clause B.
Disputes Clause
C. Suspension of Work Clause
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CONTRACTING OFFICER AUTHORIZED REPRESENTATIVE (COAR) PAGE 30 Audio: In the next lesson, you'll learn about the COAR's contract and/or task order negotiation authority and responsibilities. Click on the Next button to proceed. On screen:
Coming up next: Contract/Task Order Negotiations (Image of “NEXT” button.)
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CONTRACTING OFFICER AUTHORIZED REPRESENTATIVE (COAR)
Contract/Task Order Negotiations (Running Time 14:18) PAGE 1 Audio: In this lesson, we will discuss COAR contract and/or task order negotiation authority and responsibilities. These responsibilities include all of those items that are necessary to ensure that the Government’s interests are protected and that a fair and reasonable price is obtained. Although a COAR may be authorized to enter into negotiations with a Contractor, you need to remember that only the Contracting Officer has the authority to bind the Government as a result of those negotiations. For COAR negotiation authority to be successful, it is key that a close working relationship be maintained between the COAR and the Contracting Officer. On screen:
Lesson Overview •
COAR contract and/or task order negotiation authority and responsibilities
•
Responsibilities include: o
All items necessary to ensure the Government’s interests are protected
o
Ensuring a fair and reasonable price is obtained
REMEMBER: Only the Contracting Officer has the authority to bind the Government as a result of negotiations.
PAGE 2 Audio: As we discussed in an earlier lesson, civilian engineers and architects in FEAD, ROICC, or IPT offices may be designated, in writing, with authority to negotiate construction contract changes. This is different from military officers working at the FEAD and ROICC office who are designated as part of the Acquisition Community and receive warrant training. It is important to remember that COAR authority is not warrant authority – only negotiation authority. Extreme caution should be used by the COAR to ensure that they do not make
NAVFAC COAR WBT – Contract/Task Order Negotiations (6-30-16)
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CONTRACTING OFFICER AUTHORIZED REPRESENTATIVE (COAR) an unauthorized commitment or spend money that has not been made available, which may result in a violation of the Anti-Deficiency Act. An unauthorized commitment is an agreement that is not binding solely because the Government representative who made it lacked the "actual" authority to enter into that agreement on behalf of the Government. On screen:
Negotiation Authority •
Civil Engineers/Architects in FEAD, ROICC, and IPT offices, depending on training/experience, may be designated in writing to negotiate contract or task order changes up to $150,000 (COAR authority)
•
COAR authority is NOT warrant authority, only negotiation authority o
Use caution – unauthorized commitments/violation of Anti-Deficiency Act
PAGE 3 Audio: Shown here are the two main BMS processes that should be reviewed by all COARs and followed prior to conducting negotiations. These processes are updated regularly and offer a more detailed description of requirements. On screen:
BMS Processes •
S-18.3.4 Contracting Officer’s Authorized Representative (COAR)
•
S-17.4.4.2 Bilateral Modifications – Construction Under $150K
PAGE 4 Audio: In Lesson 1, we discussed the training and experience requirements for nomination and appointment as a COAR. A recap of these training and experience requirements is shown here. Depending on the level of experience a COAR has, he or she will be delegated negotiation authority up to the threshold prescribed in NFAS 1.602-2.
NAVFAC COAR WBT – Contract/Task Order Negotiations (6-30-16)
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CONTRACTING OFFICER AUTHORIZED REPRESENTATIVE (COAR)
On screen:
COAR Appointment •
•
Training Requirements o
ACQ 101
o
CLC 106
o
Annual Ethics Training
o
CTC-342, COR/COAR or CECOS A-4A-0101, Intro to FEAD/ROICC
Experience o
