J_7_Contract Administration Plan (CAP).pdf

CONTRACT ADMINISTRATION PLAN (CAP)

FOR FIXED PRICE CONTRACTS

In order to expedite the administration of this contract, the following delineation of duties is provided. The names, addresses and phone numbers for these offices or individuals are included elsewhere in the contract award document. The office or individual designated as having responsibility should be contacted for any questions, clarifications, or information regarding the administration function assigned.

1. The Procuring Contract Office (PCO) is responsible for:

a. All pre-award duties such as solicitation, negotiation and award of contracts.

b. Any information or questions during the pre-award stage of the procurement.

c. Freedom of Information inquiries.

d. Changes in contract terms and/or conditions.

e. Post award conference.

2. The Contract Administration Office (CAO) is responsible for matters specified in the RFO 42.302 and RFO

DFARS 242.302-70 except those areas otherwise designated as the responsibility of the Contracting Officer's

Representative (COR) or someone else herein.

3. The paying office is responsible for making payment of proper invoices after acceptance is documented.

4. The Principle Port Engineer (PPE) or Port Engineer (PE) is responsible for interface with the contractor and performance of duties such as those set forth below. It is emphasized that only the PCO/CAO has the authority to modify the terms of the contract. In no event will any understanding, agreement, modification, change order, or other matter deviating from the terms of the basic contract between the contractor and any other person be effective or binding on the Government. If in the opinion of the contractor an effort outside the scope of the contract is requested, the contractor shall promptly notify the PCO in writing. No action may be taken by the contractor unless the PCO or CAO has issued a contractual change. The PPE/PE duties are as follows:

a. Technical Interface

(1) The PPE/PE is responsible for all Government technical interface concerning the contractor and furnishing technical instructions to the contractor. These instructions may include: technical advice/recommendations/clarifications of specific details relating to technical aspects of contract requirements;

milestones to be met within the general terms of the contract or specific subtasks of the contract; or, any other interface of a technical nature necessary for the contractor to perform the work specified in the contract. The

PPE/PE is the point of contact through whom the contractor can relay questions and problems of a technical nature to the PCO.

(2) The PPE/PE is prohibited from issuing any instruction which would constitute a contractual change. The PPE/PE shall not instruct the contractor how to perform. If there is any doubt whether technical instructions contemplated fall within the scope of work, contact the PCO for guidance before transmitting the instructions to the contractor.

b. Contract Surveillance

(1) The PPE/PE shall monitor the contractor's performance and progress under the contract. In performing contract surveillance duties, the PPE/PE should exercise extreme care to ensure that he/she does not cross the line of personal services. The PPE/PE must be able to distinguish between surveillance (which is proper and necessary) and supervision (which is not permitted). Surveillance becomes supervision when you go beyond enforcing the terms of the contract. If the contractor is directed to perform the contract services in a specific manner, the line is being crossed. In such a situation, the PPE/PE's actions would be equivalent to using the contractor's personnel as if they were government employees and would constitute transforming the contract into one for personal services.

(2) The PPE/PE shall monitor contractor performance to see that inefficient or wasteful methods are not being used. If such practices are observed, the PPE/PE is responsible for taking reasonable and timely action to alert the contractor and the PCO to the situation.

(3) The PPE//PE will take timely action to alert the PCO to any potential performance problems. If performance schedule slippage is detected, the PPE/PE should determine the factors causing the delay and report them to the PCO, along with the contractor's proposed actions to eliminate or overcome these factors and recover the slippage. Once a recovery plan has been put in place, the PPE/PE is responsible for monitoring the recovery and keeping the PCO advised of progress.

(4) If the Contractor Performance Assessment Reporting System (CPARS) is applicable to the contract you are responsible for completing a Contractor Performance Assessment Report (CPAR) in the CPARS Automated

Information System (AIS). The initial CPAR, under an eligible contract, must reflect evaluation of at least 180 days of contractor performance. The completed CPAR, including contractor comments if any, (NOTE: contractors are allowed 30 days to input their comments) should be available in the CPARS AIS for reviewing official (PCO) review no later than 270 days after start of contract performance. Subsequent CPARs covering any contract option periods should be ready at 1-year intervals thereafter.

c. Invoice Review and Approval/Inspection and Acceptance

(1) The PPE/PE is responsible for quality assurance of services performed and acceptance of the services or deliverables. The PPE/PE shall expeditiously review copies of the contractor's invoices or vouchers, certificate of performance and all other supporting documentation to determine the reasonableness of the billing. In making this determination, the PPE/PE must take into consideration all documentary information available and any information developed from personal observations.

(2) The PPE/PE must indicate either complete or partial concurrence with the contractor's invoice/voucher by executing the applicable certificate of performance furnished by the contractor. The PPE/PE must be cognizant of the invoicing procedures and prompt payment due dates detailed elsewhere in the contract.

(3) The PPE/PE will provide the PCO and the CAO with copies of acceptance documents such as

Certificates of Performance.

(4) The PPE/PE shall work with the Contractor to obtain and execute a final invoice no more than 60 days after completion of contract performance. The PPE shall ensure that the invoice is clearly marked as a “Final

Invoice.”

d. Contract Modifications. The PPE/PE is responsible for developing the statement of work for change orders or modifications and for preparing an independent government cost estimate of the effort described in the proposed statement of work.

e. Administrative Duties

(1) The PPE/PE shall take appropriate action on technical PPE/PE correspondence pertaining to the contract and for maintaining files on each contract. This includes all modifications, government cost estimates, contractor invoices/vouchers, certificates of performance, DD 250 forms and contractor's status reports.

(2) The PPE/PE shall maintain files on all PPE correspondence relating to contractor performance, whether satisfactory or unsatisfactory, and on trip reports for all government personnel visiting the contractor's place of business for the purpose of discussing the contract.

(3) The PPE/PE must take prompt action to provide the PCO with any contractor or technical code request for change, deviation or waiver, along with any supporting analysis or other required documentation.

f. Government Furnished Property. When government property is to be furnished to the contractor, the

PPE/PE will take the necessary steps to insure that it is furnished in a timely fashion and in proper condition for use.

The PPE/PE will maintain adequate records to ensure that property furnished is returned and/or that material has been consumed in the performance of work.

g. Security. The PPE/PE is responsible for ensuring that any applicable security requirements are strictly adhered to.

h. Standards of Conduct. The PPE/PE is responsible for reading and complying with all applicable agency standards of conduct and conflict of interest instructions.

i. Written Report/Contract Completion Statement.

(1) The PPE/PE is responsible for timely preparation and submission to the PCO, of a written, annual evaluation of the contractors performance. The report shall be submitted within 30 days prior to the exercise of any contract option and 60 days after contract completion. The report shall include a written statement that services were received in accordance with the Contract terms and that the contract is now available for close-out. The report shall also include a statement as to the use made of any deliverables furnished by the contractor.

(2) If the Contractor Performance Assessment Reporting System (CPARS) is applicable to the contract you are responsible for completing a final Contractor Performance Assessment Report (CPAR) in the CPARS with

30 days of contract completion.

(3) The PPE/PE is responsible for providing necessary assistance to the Contracting Officer in performing Contract Close-out in accordance with FAR 4.804, Closeout of Contract Files.

5. The Technical Assistant (TA), if appointed, is responsible for providing routine administration and monitoring assistance to the PPE/PE. The TA does not have the authority to provide any technical direction or clarification to the contract. Duties that may be performed by the TA are as follows:

a. Identify contractor deficiencies to the PPE/PE.

b. Review contract deliverables, recommend acceptance/rejection, and provide the PPE/PE with documentation to support the recommendation.

c. Assist in preparing the final report on contractor performance for the applicable contract in accordance with the format and procedures prescribed by the PPE/PE.

d. Identify contract noncompliance with reporting requirements to the PPE/PE.

e. Review contractor status and progress reports, identify deficiencies to the PPE/PE, and provide the

PPE/PE with recommendations regarding acceptance, rejection, and/or Government technical clarification requests.

f. Review invoices and provide the PPE/PE with recommendations to facilitate PPE/PE certification of the invoice.

g. Provide the PPE/PE with timely input regarding technical clarifications for the statement of work, possible technical direction to provide the contractor, and recommend corrective actions.

h. Provide detailed written reports of any trip, meeting, or conversation to the PPE/PE subsequent to any interface between the TA and contractor.