Attachment4-TOCOTRAppointmentLetter.doc

U.S. Department of Homeland Security

United States

Coast Guard

MEMORANDUM

Date:

[DATE]

From:

Contracting Officer

To:

[TOCOTR]

Subj:

TASK ORDER CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE (TOCOTR) APPOINTMENT UNDER CONTRACT HSCG32[ ], TASK ORDER HSCG32[ ] WITH [CONTRACTOR]

Ref:

Homeland Security Acquisition Manual (HSAM) Chapter 3042.70

You are hereby appointed as a Task Order Contracting Officer’s Technical Representative (TOCOTR) under the subject task order (TO).

Your primary duty as a TOCOTR is to monitor the Contractor’s performance to ensure that all of the technical requirements under the TO are met by the delivery date or within the period of performance, and at the price or within the estimated cost stipulated in the TO.

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 Contractor 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 Contracting Officer immediately when you are unable to perform these duties.

Your duties and limitations, applicable to the TO you will be monitoring, are as follows:

MONITORING PERFORMANCE.

Ensure that the Contractor complies with all of the requirements of the statement of work, specifications, or performance work statement, and when requested by the Contractor, provide technical direction to the Contractor’s technical manager. This technical assistance must be within the scope of the TO (e.g., interpreting specifications, statement of work, performance work statement, etc.). When a difference of opinion between you and the Contractor occurs, notify the Contracting Officer immediately for resolution.

Ensure that the personnel being used by the Contractor are of the same caliber that was originally proposed by the Contractor to the Government. The experienced personnel contracted for and/or approved by the Government should not be diluted by the use of personnel with less experience. Any decrease in or lack of performance shall be brought to the attention of the Contracting Officer.

MONITORING COSTS.

Review and evaluate the Contractor’s progress in relation to the expenditures. When the costs expended by the Contractor are not commensurate with the Contractor’s progress, bring this to the attention of the Contracting Officer for immediate action.

Review the Contractor’s invoices/vouchers for reasonableness and applicability to the TO and recommend to the Contracting Officer, approval, conditional approval, or disapproval for payment. The review must be completed within seven days after receipt of the invoice or voucher. If you cannot meet the required review time, advise the Contracting Officer so that action can be taken to ensure Government compliance with the Prompt Payment Act.

CHANGES TO THE TASK ORDER.

You cannot direct the Contractor to stop work, and you are not authorized to delete, change, waive, or negotiate any of the technical requirements or other terms and conditions of the TO. Should a change (monetary or otherwise) to the TO become necessary, it must be made by a TO modification issued by the Contracting Officer. When in doubt, contact the Contracting Officer.

Any TO change requested by the Contractor must be put in writing by the Contractor to the Contracting Officer for action; however, you should immediately advise the Contracting Officer of the proposed change since it may affect the TO price, cost, or delivery/performance schedule. When the Contracting Officer receives the proposed change, you will be required to provide the Contracting Officer with written analysis and rationale for the change and to evaluate any costs associated with the change.

You must also recognize and report to the Contracting Officer, any Government required changes to the TO (e.g., items or work no longer required, changes in the specifications, etc.).

VISITS AND MEETINGS WITH THE CONTRACTOR.

Make arrangements with the Contractor for periodic visits to the Contractor’s facility and/or place of performance to: (1) evaluate the Contractor’s performance; (2) evaluate changes in the technical performance affecting personnel, the schedule, deliverables, and price or costs; (3) inspect and monitor the use of Government property, if applicable; and (4) ensure that Contractor employees being charged to the TO are actually performing the work under the TO. A trip report fully documenting all activities during the visit must be written and a copy provided to the Contracting Officer within three working days after the visit.

Document the file to record each meeting and telephone conversation with the Contractor. A daily logbook is recommended which should reflect the date, time, name, and title of individual(s) involved, the subject matter, and the details of the meeting or conversation.

INSPECTION OF TO ITEMS.

When notified by the Contractor or the Contracting Officer, perform, in accordance with the terms of the TO, inspection, acceptance or rejection of the supplies and/or services. Immediately notify the Contracting Officer of all rejections and the reasons for the action.

Review progress reports from the Contractor and advise the Contracting Officer of any contractual problems or action required to be taken by the Government.

TO FILE CONTENT AND MAINTENANCE.

Establish and maintain an organized TO administration file to record all Contractor and Government actions pertaining to the TO. The TOCOTR’s file is of particular importance since the documentation of your interaction with the Contractor may be used in the event of litigation. In addition, an organized file facilitates an easy transition from one TOCOTR to another if reassignment becomes necessary. The file(s) should be organized as follows:

Section 1 - The TO instrument (i.e., TO, TO modifications, and the Contractor’s proposals applicable to these documents).

Section 2 - The TOCOTR’s delegation letter and all correspondence between the Contractor and the Contracting Officer, filed in chronological order.

Section 3 - A copy of the Contractor’s invoices/vouchers and any correspondence pertaining to payments.

Section 4 - The TOCOTR’s trip reports and written memoranda to the file on telephone conversations or other meeting with the Contractor.

Section 5 - A copy of the Contractor’s progress reports and other TO deliverables, and all correspondence pertaining to these documents.

Section 6 - Electronic files: A copy of all electronic files received from or sent to anyone pertaining to this TO. It is suggested that such files be maintained in an electronic folder identified with the TO number. Upon completion of the TO, these files shall be downloaded onto a CD. The CD shall be labeled with the TO number and should identify the software programs (with version number if necessary) needed to open the files.

These files must be complete and accurate and all documentation/deliverables must be clearly marked. Each section should be separately tabbed and labeled. Individual TOs shall be filed separately (i.e., do not include deliverables from several different TOs mixed together with a label identifying all or several of your TOs).

TO files must be maintained for a period of six years and three months after completion of the basic contract. As TOCOTR, you are responsible for maintaining all files as identified above. Certain files are only maintained by the TOCOTR, therefore, it is important that you maintain accurate and complete files.

Due to the sensitivity of the TO file documentation every effort shall be made to keep your TO files in a secured location.

If after completion of the TO you are transferred to another position or no longer need these files, you must forward the following documents from your TOCOTR files to the Contracting Officer so he/she can archive the files for the required time frame:

Section 2 - All correspondence between the Contractor and the Contracting Officer, filed in chronological order.

Section 3 - Any correspondence pertaining to payments.

Section 4 - The TOCOTR’s trip reports and written memoranda to the file on telephone conversations or other meetings with the Contractor.

Section 5 - Unless the TO requires the Contractor to provide an electronic copy of all deliverables on CD to the Contracting Officer upon completion of the TO, the TOCOTR must provide the Contracting Officer with a copy of the Contractor’s progress reports and other TO deliverables, and all correspondence pertaining to these documents.

Section 6 - Electronic files: A copy of all electronic files received from or sent to anyone pertaining to this TO. It is suggested that such files be maintained in an electronic folder identified with the TO number. Upon completion of the TO, these files shall be downloaded onto a CD. The CD shall be labeled with the TO number and should identify the software programs (with version number if necessary) needed to open the files.

The remaining documents in the TO file, when no longer needed by the TOCOTR, must be treated as procurement sensitive documents and must be disposed of by proper means. One way to properly dispose procurement sensitive information is to shred the documents.

EVALUATION PERFORMANCE.

Upon completion of the TO, the Contracting Officer will electronically assign the TOCOTR to complete a Contractor performance evaluation through a web-based evaluation system called “Contractor Performance System (CPS)”. The TOCOTR will receive an e-mail message stating that a Contractor performance evaluation has been assigned to him/her. The message will contain a web-link to CPS. The TOCOTR must complete this evaluation within 30 days of receipt. The evaluation is submitted electronically to the Contracting Officer. A CPS instructional guide is available on the W:drive in a folder called “Contracting Bulletin Board”, subfolder “Contractor Performance System (CPS)”.

CHANGE OF POSITION STATUS.

If at any time during the performance of this TO your position changes and you are no longer able to perform the TOCOTR duties as assigned, you must notify the Contracting Officer and Coordinating COTR (CCOTR) immediately. The Contracting Officer along with the CCOTR and the existing TOCOTR will work together to determine a qualified replacement. The Chief of Assessment and/or Projects Branch must provide written approval of the TOCOTR replacement.

STANDARDS OF CONDUCT AND CONFLICT OF INTEREST.

The Federal Acquisition Regulation (FAR) 48 CFR Part 3, Homeland Security Acquisition Regulation (HSAR) 48 CFR Part 3003 and Homeland Security Acquisition Manual (HSAM) Chapter 3003, Improper Business Practices and Personal Conflicts of Interest, provide guidance to avoid improper business practices and personal conflicts of interest and how to deal with their apparent or actual occurrences. These documents may be found at the following websites: FAR at http://www.arnet.gov/far/ and HSAR and HSAM at http://www.dhs.gov/xopnbiz/regulations/. Please read these documents very carefully and contact the Contracting Officer should you require further information or clarification on this subject matter.

TRAINING REQUIREMENTS.

INITIAL TRAINING REQUIREMENTS. As of January 1, 2001, individuals who are not currently appointed COTRs shall complete 24 hours of training prior to their appointment in order to serve as a COTR. Initial training requirements shall be met through completion of 24 hours of free online computer based training courses provided through the Federal Acquisition Institute or attendance of CG-913 sponsored Class "C" classroom training. The three online courses are: Contracting Orientation, Market Research for Acquisition Officers, and COR Mentor. The address for online COTR computer based training is http://www.fai.gov.

REFRESHER TRAINING REQUIREMENTS. All currently appointed COTRs, regardless of date of appointment, must have a minimum of eight hours of refresher training annually. Any one of the following eight-hour online courses may be selected to meet the annual "refresher" training requirement: The COR Mentor; Contracting Orientation; or Market Research for Acquisition Officers. These free courses are available at the Federal Acquisition Institute's website at http://www.fai.gov.

TRAINING CERTIFICATE OF COMPLETION. The COTR is responsible for providing a copy of their certificate(s) of completion to the Contracting Office. A copy of these certificates will be kept on file in the Contracting Office.

ACKNOWLEDGEMENT OF TOCOTR DUTIES.

Please acknowledge receipt and acceptance of this appointment by ‘FORWARDING” the e-mail message that was sent to you containing the TOCOTR Appointment Letter back to the Contracting Officer with your acceptance. To do this, you should open the e-mail message containing the TOCOTR Appointment Letter and select the “FORWARD” function of Microsoft Outlook. Then paste the following wording into your “Forwarding” e-mail message to acknowledge your understanding and acceptance of the TOCOTR responsibilities.

To: Contracting Officer

From: Task Order Contracting Officer’s Technical Representative

Subj: TASK ORDER CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE (TOCOTR)

I understand and accept my assignment as a TOCOTR under the subject TO as outlined in the attached TOCOTR Appointment Letter.

Send the “Forwarded” e-mail containing your acceptance back to the Contracting Officer who sent you the appointment letter.

Please retain a copy of the TOCOTR Appointment Letter in your files for reference purposes. Your appointment as TOCOTR under the above numbered TO is terminated upon receipt of a written notice of termination from the Contracting Officer, the Contracting Officer’s successor, or a higher level of authority. Please direct any questions you may have on this delegation to the Contracting Officer.

[CONTRACTING OFFICER NAME]

Contracting Officer

Attachment 4

_1011416183.doc

_926407443