COR_Designation_Letter_sample.pdf

Contracting Officer’s Technical Representative (COTR) Designation

Contracting Officer’s Representative (COR) Designation

DATE:

TO:

FROM:

Contracting Officer

SUBJECT: Contracting Officer’s Representative (COR) Designation

REF:

Your signature below confirms that you:

(1) Accept this appointment, and

(2) Agree to comply with all duties, responsibilities, and limitations outlined in the attached letter, particularly those pertaining to conflicts of interest, by agreeing to conduct business dealings to avoid conflicts of interest and in a completely impartial manner.

Designated CORs are required to complete 40 hours of training, and 40 hours every two years to maintain this certification.

After signing below, return this original signature page (retain a copy for your records) to me within 1 day. I will send a copy to the Interior Business Center (paying office), the Ethics Program Administrator, the contractor and the Contracts and Grants Management Division will retain a copy.

I HEREBY ACCEPT THIS APPOINTMENT AND ACKNOWLEDGE MY DUTIES AND

RESPONSIBILITIES AS COR:

COR

cc: Interior Business Center (IBC), Paying Office , Contractor

Ann Barnes, Ethics Program Office Contracts and Grants Management Division

DUTIES AND RESPONSIBILITIES OF A COR

I. RESPONSIBILITIES

You are hereby appointed to be the COR for Contract/Order No.:

As COR, your first responsibility is to read the entire contract/order and thoroughly acquaint yourself with the requirements it places on the contractor, the MCC, and the COR. You should also periodically review the contract/order to maintain your familiarity with its terms and conditions. If any Project Monitors (PMs) are assigned to the contract, you are expected to maintain regular communications with the PMs and request status updates from them on contractor performance and financial management.

Your additional COR responsibilities are to:

A. Monitor. Monitor the contractor’s performance and verify that it conforms to the technical requirements and quality standards agreed to in the terms and conditions of the contract.

Accordingly, your approval of implementation plans, work plans, or monitoring or evaluation plans must be consistent with the terms and conditions of the contract. You must document any material deficiencies in the contractor’s performance and bring them to the immediate attention of the contracting officer (CO).

B. Evaluate. Participate in the periodic evaluation of the contractor’s performance with particular attention to addressing:

o The quality of the products and/or services, o The effectiveness of cost control efforts, o Timeliness of performance, o Business relations, o End-user satisfaction, and o Compliance with the small business subcontracting plan, if applicable.

C. Recommend. Recommend in writing (with justification for the proposed action) to the CO any changes needed in the scope of the contract, including any changes to technical provisions of the contract that affect the timing of the deliverables/services or the overall cost-price of the contract.

When performing duties as a COR you must pay particular attention to the areas of contracting authority and financial management, and your limitations therein.

As to contracting, you must not exceed your authority as a COR and take actions that are beyond the authority delegated to you in this letter. If you have any questions in this area, contact the CO for advice before you take any action.

As to financial management, you must act in a manner that is expected of a reasonable person. At a minimum, a reasonable person would be expected to:

- Take positive action to obtain information necessary to carry out their responsibilities;

- Make logical decisions from the information they have available (even if it is incomplete); and

- Document and provide justification for actions. (The documentation need not be formal or extensive, but it should be easily understood by an auditor or other third party reviewer).

If you improperly exercise authority in any of the areas listed above it could result in adverse consequences for MCC.

D. Departure of Contracting Personnel and Out-processing Procedures: CORs must ensure that departing contractors (from any contract vehicle being managed by the COR) complete MCC out-processing. The COR must inform the CO when contractor personnel no longer require access to MCC facilities and data so that their departure can be recorded in SharePoint by the CGMD.

Following the SharePoint entry, MCC IT and Security will be advised that the departing contractors must have their access to the MCC network cancelled and badges and any other equipment collected.

II. DELEGATION

I hereby delegate to you, as COR, the following authorities that are otherwise the responsibility of the CO:

A. Technical Directions/Guidance. You may issue technical directions or guidance in accordance with the terms of the contract. “Technical guidance” under a performance based contract may be very limited; if this is a performance based contract, consult the CO for guidance. “Technical directions” are interpretations of the technical requirements of the contract and you must give them to the contractor, in writing, when questions or discrepancies arise.

They may be directives to the contractor that:

1. Approve work plans, approaches, solutions, designs, or refinements;

2. Fill in details or otherwise complete the general description of work or documentation items;

or

3. Shift emphasis among work areas or tasks.

Technical directions must not include any instruction that affects the cost/price or duration of the contract or that interferes with the contractor’s rights to perform the terms and conditions of the contract. In any and all cases, technical directions must be within the scope of the Statement of Work.

B. Receipt and Inspection. You may receive and inspect completed services or supplies upon delivery, and verify that they meet the acceptance standards, including time of delivery, specified in the contract. If the contractor’s services or supplies do not meet the acceptance standards in the contract, you are responsible for directing the contractor in writing to take appropriate action to correct the deficiencies. Should the contractor fail to correct deficiencies, you must advise the CO so he or she can take appropriate action.

C. Security. You are responsible for coordinating any necessary security clearances, building passes and appropriate identification for the contractor and designated personnel.

D. Government-Furnished Property. If Government-furnished property is required by the terms of the contract, you are responsible for ensuring that it is available to the contractor in a timely manner. You also are responsible for verifying the return or disposition of Government-furnished property.

E. Financial Management. Although the responsibility for making payments and accounting for funds and balances rests in the Office of Financial Management, via the use of NBC, you must administer financial management responsibilities by:

1. Reviewing the contractor’s request for payments (usually the contractor’s vouchers or invoices) and providing or denying your administrative approval within 3 days following receipt of each invoice.

2. Recommending disallowance of costs to the CO.

3. Monitoring the financial status of the contract on a regular basis to ensure that the level of funding is the minimum necessary.

4. Initiating a request to the CO to de-obligate funds at any point that funding in the contract is considered excessive.

5. Provide requested information to the CO during the close-out process.

III. ADMINISTRATION

A. Communications. You must provide the CO with a copy of all formal communications between you and the contractor that relate to the contractor’s alleged failure to comply with delivery terms or acceptance standards or both, per section II.B., above in either electronic or paper copy format, within two working days after you transmit it to the contractor. Additionally, if PMs are assigned to the contract, you as COR must obtain copies of all written correspondence PMs send to contractors.

B. COR Files. As the COR, you have an important responsibility for establishing and maintaining adequate COR files. These files are your primary tools for carrying out your duties and responsibilities as the COR for this contract and must document actions you take as COR.

Inadequate files will impede your ability, as well as the ability of your assistant project monitors, and your successor COR’s ability to manage the contract and may jeopardize the success of the program for which it was awarded. These files will also help successor CORs understand your actions as COR and the reasons behind such actions, as well as to have adequate documentation for audit purposes. Your COR file should contain the following, at a minimum:

1. A copy of this COR designation letter;

2. A copy of the contract and all of its modifications;

3. A copy of all correspondence between the COR and the contractor, including property reports;

4. Names of technical and administrative personnel assisting the COR, and any formal designations to project monitors to act as your assistants;

5. A copy of records of COR inspections and receiving/acceptance documents, invoices, and other administrative paperwork and correspondence;

6. A record of the contractor’s performance regarding quality, cost control, timeliness, business relations, and end user satisfaction;

7. A copy of other performance records as specified in the contract; and,

8. A copy of any invoices.

IV. LIMITATIONS

A. Scope of Authority/Avoiding Unauthorized Commitments. Only a CO has the authority to make changes to the contract. Your authority does not include directing the contractor, either in writing or verbally, to make the following changes to the contract:

1. Change the delivery schedule or period of performance;

2. Change the quantity or quality of the work;

3. Change the terms and conditions of the contract;

4. Change the monetary limit of the contract (potential value, ceilings, not-to-exceed amounts, etc.) or authorization of work beyond the monetary (obligated dollars) limit; or

5. Change the qualifications of key personnel.

Actions you take or directions you give must be within the authorities provided in this designation.

If you take actions that only the CO has the authority to take, you may be making an unauthorized commitment, which can lead to serious contractual disputes and legal action that unnecessarily tie up Agency personnel and resources. Such unauthorized actions can also result in disciplinary action.

B. Assistance. You may ask others to conduct fact finding, provide you with analyses or interpretations of technical requirements, or make recommendations to you regarding actions you may take as COR. However, anyone assisting you must make you aware of any action that directly affects the contractor’s rights or ability to perform under the terms of the contract, including (but not limited to) providing interpretations of technical requirements to the contractor.

The responsibility for any actions taken by others assisting you remains with you as the COR for this contract. This includes actions taken by PMs, so as COR you are encouraged to maintain regular communication and to review actions and written correspondence taken by the PM, providing feedback and input to the PM as necessary, and reviewing any recommendations made by the PM for potential changes to the contract prior to engaging CGM. To ensure minimal disruptions please notify the contractor and the CO as soon as possible when you will be unavailable to act as COR for a period of more than two weeks.

C. Duration of COR Designation. This designation is effective for the life of the contract or order referenced on the first page of this designation letter unless the CO rescinds it in writing or you resign this position. If you cannot fulfill your responsibilities as COR for any reason (such as due to a transfer to another post), please notify the CO as soon as possible in order to ensure the timely designation of a successor.

V. STANDARDS OF CONDUCT AND CONFLICTS OF INTEREST

As an employee of the Federal Government, you must respect and adhere to the Standards of Ethical Conduct for Employees of the Executive Branch, 5 CFR Part 2635. As a COR, you are responsible for protecting the U.S. Government's interests, while supporting its reputation for fair and equal dealings with all partners, including contractors. Therefore, if you have any direct or indirect financial interests that may place you in a position where there is a conflict between your private interests and the public interest of the United States, you must immediately inform your supervisor and the CO.