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POST AWARD DUTIES

POST AWARD DUTIES. DEVELOP A POST AWARD PLAN. Form a team Authority Documentation Special Requirements. FAR 1 and 5-12. ADMINISTRATION TEAM. Requiring Activity. CO. COR. Program Manager. Environmental. Security. Safety. Resource Mgt. Technical. Auditors. Legal. FAR 5-12.

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POST AWARD DUTIES

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  1. POST AWARD DUTIES

  2. DEVELOP A POST AWARD PLAN • Form a team • Authority • Documentation • Special Requirements . FAR 1 and 5-12

  3. ADMINISTRATION TEAM Requiring Activity CO COR Program Manager Environmental Security Safety Resource Mgt. Technical Auditors Legal FAR 5-12

  4. Separation of Function • Initiate funds • Obligate funds • Accepts goods/services • These functions should be performed by different people

  5. Contracting Officer • PCO through award • ACO through performance and closeout • TCO terminates • Most CO’s are “cradle to grave” FAR 1.602 10 USC 1724 TITLE 41

  6. REQUIRING ACTIVITY • RESPONSIBLE FOR: • PWS/SOO • Surveillance • IGCE • Funds • Special Approvals • COR Nomination • COR Evaluation • 8. Helping to avoid Conflicts of Interest FAR 5-12

  7. COR is the eyes and ears of the CO Liaison among stakeholders DFAR 201.602-2

  8. DFAR 201.602-2 The COR is a non contracting person assigned duties under the contract. The COR monitors contractor performance, Inspects/accepts services or supplies, Interprets the contract and may issue Technical direction.

  9. The COR should be: • Qualified by knowledge and/or experience • In a position of responsibility commensurate with the value and importance of the contract • Have the required training • All DoD CORs need DAU CLC 106 • USAMRAA COR course is mandatory for all USAMRAA awards

  10. Technical Assistant • Aka Technical monitor or COTR • Assists the COR with monitoring, surveillance, documentation • May not inspect/accept • May not interpret the contract or issue technical direction

  11. AGENCY A fiduciary relationship between two persons in which one person (agent) acts for or represents another (principal) in dealing with third parties. FAR 1.602 10 USC 1724 TITLE 41 Principal can confer authority on an agent ONLY if the agent agrees.

  12. GENERAL AGENT Can transact all the business of the principal or business of a particular kind FAR 1.602 10 USC 1724 TITLE 41 CONTRACT

  13. CORs are Special Agents Can only act in a special transaction DFAR 201.602-2

  14. CONTRACTING OFFICER AUTHORITY Comes in the form of a warrant. States the limitation of authority and is to be displayed in a prominent place. Gives the CO the authority to obligate the Government. FAR 1.602 10 USC 1724 TITLE 41

  15. COR Authority • Is described in the delegation letter. • In “simplified acquisitions” the COR or Technical Point of Contact may be named in the contract.

  16. EXPRESSED AUTHORITY Contracting officer has the authority to bind the Government in a contract COR has the authority to authorize the payment of invoices.

  17. IMPLIED AUTHORITY CO has the authority to hold meetings, make phone calls, and negotiate. COR has the authority to return an improper invoice.

  18. AVOID APPARENT AUTHORITY

  19. Declination of authority • “Nothing that happens at this meeting changes the contract. The contract is only changed by a written modification signed by the contracting officer.” • “I have neither the authority nor the intention to change the contract. The contract is only changed by a written modification signed by the contracting officer.”

  20. DFARS 201.602 COR REFERENCE LIMITATIONS TASKS LETTER OF DESIGNATION RESPONSIBILITY ADMINISTRATION DFAR 201.602-2

  21. CORs are: • Nominated in writing • by the Program Manager • b. Appointed in writing by • the Contracting Officer • c. Notified by letter • d. Acknowledge • acceptance by • signing and • returning the letter. DUTIES FAR 201-602-2

  22. TASKS COR MUST READ THE CONTRACT. LETTER • What tasks are the contractor required to perform? • What are the required deliverables? Dates? • What are the performance constraints?

  23. CORs are responsible for: • Developing a cost effective work plan • Follow the Quality Assurance Surveillance Plan (QASP) • Understand Authority and be current in training • 4. Ensure customers are trained and have a focal point • 5. Complete Performance Requirements Summary (PRS)/COR Work Plan/QASP/Schedule • 6. Identify Contractor performance problems • ARs 70-1 & 5-20 • DA PAM 5-20

  24. DOCUMENT THE FILE COR must maintain records to support monitoring activities. Level of documentation depends on dollar value and complexity. DFAR 201.602-2 AR 5-20 DA PAM 5-20

  25. FILES MAY CONTAIN: Designation Letter Complete contract w/mods PWS/SOO/SOW with attachments Performance Requirements Summary Contractor’s Quality Control Plan (QCP) DD 250’s & payment vouchers All correspondence COR WORKPLAN QASP SCHEDULE DFAR 201.602-2 ARs 70-1 and 5-20 DA PAM 5-20

  26. COR documentation tells the complete story of the contract.

  27. Decide how to Resolve problems Understand the requirements Develop a communications plan Identify & resolve oversights FAR 42.5 POST AWARD ORIENTATION

  28. LETTER TELEPHONE ONSITE TYPES OF ORIENTATIONS FAR 42.503

  29. Contractor Manpower Reporting

  30. CMR ReportingBackground • Provides visibility of “shadow workforce”. • Dept. of Army selected for pilot study (three year period starting March 2005) • Objectives: • Understand workforce composition • Allow for better staffing and funding decisions • Avoid duplication of effort • Avoid shifting of in-house reductions to contract • Ensure value from contract workforce • Applies to all service contracts

  31. Responsibility • Requiring activity: responsible for necessary resources/funding • Contracting officer: • Ensure instructions are in PWS • Negotiate fair/reasonable price for collection/reporting of data • Task COR • COR/COTR: Enters basic contract information, ensures contractors report information. • Contractor: report to CMR System at https://cmra.army.mil

  32. Reporting Requirements • Report period is the period of performance (POP): • Not to exceed 12 months • Ending 30 SEP of each FY • Partial year POPs reported in its FY • Must be reported by 31 OCT of each year • Q&A says gathering period is 1 OCT – 15 NOV

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