Draft OT Attachment 4 - Agreement Officers Representative.pdf

SDA-PS-22-02

Attachment 4

FROM: SDA, Contracts Cell

TO: XXXXX

3030 Defense Pentagon Washington DC 20301

1. You are hereby appointed as the Agreements Officer Representative for:

Agreement Number: SDA-PS-22-02 Performer:

Program Description: Tranche 1 Tracking Layer (T1TRK)

2. This appointment authorizes and designates you to perform the following duties and/or responsibilities as specified herein:

a. Furnish plans, schedule, specifications, descriptions and other documents to the Performer as required by the agreement.

b. Assist the Performer in interpreting the technical aspects of the agreement specifications / statement of work. Differences of opinion and interpretations, which could affect the terms and conditions the agreement, will be referred to the Agreements Officer for resolution.

c. Provide Government recommendations/approvals to the Performer promptly in all cases where the agreement calls for technical approval.

d. Observe, monitor, and assess the Performer’s performance under the terms of the agreement.

This includes; reporting promptly to the Agreements Officer any failures, delays, or significant deviations of performance, quality, costs, or other actions which might jeopardize agreement performance.

3. In the performance of the duties delegated to you in this letter, you are cautioned that you could be held personally liable for actions taken or directions given by you to the Performer that are beyond the authorities given to you in this letter. The duties or authorities in this letter are not delegable; therefore, you must advise the Agreements Officer or the Agreements Administrator/Specialist immediately when you are unable to perform these duties.

4. In your dealings with the Performer you must not give technical direction as though the Agreement’s employees are Government employees. You must maintain a formal, arms length relationship with the Performer in order to avoid even an appearance that the agreement is one for personal services. If the Performer’s performance takes place in a Government facility, then to the maximum extent practicable, the Performer’s work area should be physically separated from areas in which Government employees work, and communication with the Performer’s employees on contractual matters should be only through that the Performer employee(s) designated by the Performer to supervise them. You must not give any direction to the Performer that is not authorized by the statement of work because it is not the intent of the Government that a Performer be required to do anything that is not included in the agreement.

SDA-PS-22-02

Attachment 4

5. You are responsible for providing prompt notification to the Agreements Officer of any significant deficiencies with respect to Performer performance or other actions which might jeopardize agreement performance.

6. You are not authorized by this letter to take any action, either directly or indirectly, that could result in a change in the pricing, quantity, quality, place of performance, delivery schedule or any other terms and conditions of the basic agreement, or to direct the accomplishment of effort which would exceed the scope of the basic agreement. You must be especially cautious in providing interpretation of the specifications/statement of work. The agreement reached or technical direction given must be formalized in writing with copies to the Agreements Officer. You shall also inform the Performer that if they believe that the AOR's interpretation is erroneous, the Performer must notify the Agreements Officer in writing concerning the details of his position.

7. Specific duties in addition to those above are as follows:

a. Control all Government technical interfaces with the Performer.

b. Ensure that copies of Government technical correspondence are forwarded to the Agreements

Officer for placement in the agreement file.

c. Promptly furnish documentation on any requests for change, deviation, or waiver (whether generated by the Government or the Performer) to the Agreements Officer for appropriate action.

d. Review and, if required (i.e., Fixed Price Payments), accept invoices submitted through WAWF.

e. If applicable, provide required review of Patent/Invention Disclosures

f. The AOR must maintain a separate file for each agreement for which he/she acts as AOR. The file should serve as a repository and record of all documents and communications between the Performer and the AOR. At a minimum, the file must include a copy of the agreement and all modifications as well as the AOR appointment letter. Examples of other file documentation may include:

Report required per the agreement, e.g. interim and final technical or patent reports.

Memoranda for Record documenting important contractual discussions.

Records of formal meetings, e.g. post award conference, program reviews, etc.

g. Assist Administrative Agreements Officer (AAO) and Agreements Officer (AO) as requested, with closeout activities at completion of the agreement period of performance.

8. Prior to appointment, you must have completed CLC 222 / COR 222 or DAUrecognized equivalent course and Combatting Trafficking in Persons (CTIP) General Awareness training or equivalent (See website clip.defense.gov for equivalents).

9. Your appointment as AOR for this effort expires at the end of the agreement period of performance.

10. Your good judgment in performing your duties under the agreement will have an important effect on the value of the performance obtained by the Government.

SDA Agreements Officer Agreements Officer’s Representative