Attachment A COR Designation Letter.docx

CONTRACTING OFFICER’S REPRESENTATIVE (COR) DESIGNATION LETTER

1. In accordance with Federal Acquisition Regulation (FAR) 1.602-2(d) and FAR 7.104(e), you are hereby designated as the COR with respect to technical matters within the scope of the subject contract, agreement, or order referenced above.

The subject contract requires a COR with an active Federal Acquisition Certification (FAC)-COR Level II certification, and the COR has provided documentation confirming their appropriate certification level.

2. As the FEDSIM COR, you are authorized to act on behalf of the FEDSIM CO during the period of performance of the contract, agreement, or order referenced above. You are responsible for providing prompt notification to your management and to the FEDSIM CO if, for any reason, it becomes necessary to terminate your appointment as the FEDSIM COR. Planned or anticipated absences extending beyond two weeks should be shared with the FEDSIM CO. An absence exceeding the specified term may be grounds for termination.

3. Your authority to act as the FEDSIM COR is not re-delegable, and includes the following limitations:

As the FEDSIM COR, you shall not:

a. Take action, either directly or indirectly, that could result in a change or modification in the cost/price, quantity, quality, place of performance, delivery schedule, or any other terms or conditions of the contract.

b. Direct the accomplishment of effort which would exceed the scope of the contract.

c. Make any commitments or promises to contractors relating to award of contracts, agreements, or orders.

d. Make any agreement with the contractor requiring the obligation of funds.

e. Discuss procurement plans or any other advance information that might provide preferential treatment to one firm over another before or after a solicitation is issued for re-procurement.

f. Direct a contractor (verbally or by writing) to stop work or to begin work prior to the contract vehicle award date, or prior to a Notice to Proceed letter issued by the FEDSIM CO.

g. Create the appearance of an employee-employer relationship by interfering with the contractor’s management of its employees (see FAR 37.1).

h. Participate in activities that would create a personal conflict of interest, either real or apparent.

4. The following administrative requirements are within the scope of your responsibilities during the period of performance Base Period of Performance - Closeout of this designation:

a. Review the contract including associated documents, and become familiar with events/milestones.

b. Maintain COR documentation (e.g., COR certification certificates, COR nomination letter, COI statements, non-disclosure agreements, annual training certificates, surveillance documents) to be incorporated into the official electronic contract file in accordance with the FEDSIM CO’s instructions.

c. Ensure documentation is readily available for FEDSIM CO review.

d. Bring to the attention of the FEDSIM CO any significant deficiencies with respect to contractor performance or other actions which might jeopardize contract performance, within 24 hours of discovery.

e. Report any suspected procurement fraud, waste, abuse, bribery, conflict of interest, or other improper conduct to the FEDSIM CO.

f. Review and submit recommendations to the FEDSIM CO on subcontracts, considering the privity of contract that exists between the prime and subcontractors.

g. Ensure the safeguard of Government-Furnished Property (GFP), including contractor-acquired property.

h. Ensure that the contractor submits complete security clearance forms, as required by the contract and coordinates with the appropriate security officer(s).

i. Ensure the contractor has a current facility clearance, as well as other appropriate clearances for contractor personnel to have access to classified materials, as soon as it is determined that access to classified material will be required to complete the contractual requirement(s).

j. Maintain COR certifications during the entire period of performance of the above referenced contract.

k. Conduct administrative efforts and business dealings in a manner above reproach and in strict compliance with established standards of conduct and conflict of interest rules.

l. Ensure the proper mission partner offices are notified at the end of the period of performance, or when a contractor’s employee departs during contract performance, to facilitate the collection of Government-issued badges, property, and the inactivation of information system access.

5. During this period covered by this appointment, the following technical requirements are within the scope of your responsibilities:

a. Assist in requirements development, coordinate transfer of funds, obtain any required internal approvals and evaluation of proposals.

b. Coordinate actions relating to funding and changes in scope of work.

c. Ensure proper Government surveillance of the contractor’s performance through administration of the QASP; monitor the contractor’s performance in accordance with the technical requirements; and ensure that performance is strictly within the scope of the contract.

d. Confirm all significant technical instructions to the contractor.

e. Inspect reports and deliverables to ensure compliance with contract requirements. Validation of receipt of deliverables, and the approved acceptance for payment or rejection of deliverables, shall be accomplished within seven days of the contractor’s submission.

f. Check contractor performance to ensure that the labor hours charged appear consistent and reasonable, and that travel charges were necessary and actually occurred.

g. Maintain COR documentation, which includes, but is not limited to: a copy of the contract, minutes of meetings, e-mail correspondence, approved/accepted QASP, interim and final inspection reports, schedules, invoices and payment log, documentation of acceptance/rejection of deliverables, FEDSIM CO correspondence, and copies of modifications.

h. Refer to the FEDSIM CO and/or designee those matters, other than purely technical problems, that may affect the contract.

i. Inform the FEDSIM CO when the contractor is known to be behind schedule and coordinating corrective actions which are necessary to restore the performance schedule.

j. Furnish to the FEDSIM CO a copy of any contractually significant correspondence in order to prevent possible misunderstanding or the creation of a condition that may be the basis of a later claim or dispute.

k. Maintain a list of the contractor’s Government Furnished Property (GFP) inventory and provide disposition advice on GFP, or contractor-acquired property, as requested by the FEDSIM CO.

l. Report to the FEDSIM CO suspected procurement fraud, bribery, conflicts of interest, and other alleged improper conduct.

m. Review and submit recommendations to the FEDSIM COR on subcontracts with respect to their relationship with the prime contract.

n. Ensure that the contractor has a current facility clearance as well as appropriate clearances for its employees to have access to Government sites or classified material as soon as it is determined that access to sites or classified material will be required.

o. Provide necessary Government interpretation of the contract’s technical requirements from cognizant sources, as requested by the contractor.

p. Ensure that the proper mission partner offices are notified at contract conclusion, or when contractor employees depart during the period of performance, and facilitate the collection of badges, cancellation of systems access and security clearances.

q. The FEDSIM COR is required to perform ancillary duties and responsibilities by the requiring activity or COR management. This includes providing Quarterly COR Reports to the FEDSIM CO. The FEDSIM COR is required to:

i. Conduct and document surveillance activities.

ii. Provide the FEDSIM CO with QASP Surveillance Reports, Quarterly COR Reports, and an annual Contractor Performance Assessment Reporting System (CPARS) report.

iii. Ensure all reports are accurate and complete no later than 30 days following the end of each established rating period.

6. The FEDSIM COR is responsible for the following closeout duties:

a. Providing confirmation to the FEDSIM CO that all work under the contract has been completed.

b. Submitting final assessment of contractor performance to the FEDSIM CO.

c. Confirming with the contractor or the Technical Point of Contact (TPOC) (if applicable) that all GFP has been returned to Military Community and Family Policy, Office of Military Community Support Programs including the final disposition of contractor employee PIV cards (including any processed, lost, stolen, or uncollectible forms) in accordance with FAR 52.204-9.

d. Confirming the final invoice has been paid.

7. In accordance with FAR 1.602-2(d)(7)(v), you are advised that as the COR you may be held personally and financially liable for any unauthorized acts or non-ratifiable commitments. Only the FEDSIM CO has the authority to make changes to the contract that affects price, quality, quantity, or other terms and conditions of the contract.

To avoid unauthorized or non-ratifiable commitments, you must make it clear to the contractor that you do not have authority to give such direction. Whenever there is the potential that discussions may impact any of the areas described above, contact the FEDSIM CO for guidance.

8. This designation does not authorize you to direct the contractor to perform work unless explicitly provided for in the contract, nor does it authorize you to take any other action not specifically stated in this memorandum. The following are expressly excluded from this designation:

a. Modifying the stated terms, conditions, or costs of the contract.

b. Waiving the Government’s rights with regard to the contractor’s compliance with the specifications, price, delivery, or any other terms or conditions.

c. Approving items of cost not specifically authorized by the contract.

d. Directing changes to the contract.

e. Executing supplemental agreements.

f. Rendering a decision on any dispute under the Disputes provision of the contract.

g. Taking any action with respect to termination, except to notify the FEDSIM CO of a recommendation.

h. Authorizing delivery or disposition of GFP not specifically authorized by the FEDSIM CO.

i. Giving guidance to the contractor, either verbally or in writing, which might be interpreted as a change in the scope or terms of the contract.

j. Discussing procurement plans or any other advance information that might provide preferential treatment of one firm over another.

k. Interfering with the contractor’s management of employees, such as “supervising” or otherwise directing the work efforts of a contractor’s employee.

As the FEDSIM COR, you are strongly encouraged to contact the FEDSIM CO for clarification if uncertain of your authority and responsibility. Responsibilities outlined in this memorandum are not intended to be all-inclusive.

Please acknowledge that you accept this designation by signing below and returning this memo within three business days to the FEDSIM CO.

The FEDSIM COR shall retain a signed copy of this appointment letter.

COR Acknowledgement:

I have received, read, and accepted this designation.

COR Supervisor Acknowledgement:

I have received, read, and understand this designation.

Contracting Officer:

Contracting Officer

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