LCDR Ron Terry, USN

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LCDR Ron Terry, USN




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Presentations text content in LCDR Ron Terry, USN

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LCDR Ron Terry, USN

Contracting Officer / FOO Program Manager, RCC KAF

Contracting Officer Representative (COR) Training

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COR 1000-1100

CID 1100-1130

LUNCH 1130-1300

PAY AGENT 1300-1400

FOO 1400-1430

CERP 1430-1500

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Prerequisite Requirements

Defense Acquisition University (DAU) CLC 106 – COR With a Mission FocusDefense Acquisition University (DAU) CLC 206 – COR in the Contingency EnvironmentDefense Acquisition University (DAU) CLM 003 – Overview of Acquisition Ethics http://www.dau.mil/default.aspxDOD Combating Trafficking in Persons Course J3TA-US030 https://www.us.army.mil/ - ALMS OGE Form 450(Confidential Financial Disclosure)

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Performance Work Statement (PWS)/Statement of Work (SOW):Performance-Based Language:Tells the contractor what to do But not how to do itSeek assistance from functional and/or contracting staff Complete DA Form 3953 (funding/approval)/from RMJustification document (operationally dependent)

Key points: (What you ask for, not what you want)

You set the requirements - contracting officers cannot read your mind Do not assume anything - be specific and as thorough as possible Use the LOGCAP Support Officer (LSO) for requirements support--LOGCAP

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PWS

Development

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The COR’s key role is to optimize contracted services or construction performance, based on Performance Work Statement (PWS) or Statement Of Work (SOW): - observe - document and - communicate

Think counseling and evaluation!

What is a COR to the Commander?

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COR MISSION

As the Government representative appointed by the Contracting Officer, YOU are responsible for the technical monitoring of the contractor’s performance, accepting or rejecting the contract services IAW the PWS/SOW, and other contract administration duties IAW your COR appointment letter. The COR has the expertise in the area of contracted effort and possesses the necessary background to evaluate the contractor in a fair, reasonable, and unbiased manner.

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Official Appointment/Designation Letter Establishes

Lines of

Responsibility

Contracting Officer

(appointment letter)

COR

- Additional duty

Technical Expert

Command’s single point of contact to the contractor

Functional Chief/Commander

(rating chain)

Dual Lines Of Responsibility

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COR Authority

COR will often have:Command Authority through Chain of CommandThis DOES NOT provide authority over the contractor to make changes on any contract(s).Contract Authority only through the KO IAW the COR Appointment LetterLimitations – based on PWS/SOW

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Actual Implied Apparent

“Authority is the power of the agent to affect the legal relationships of the principal by acts done in accordance with the principal’s manifestations of consent to him.” Restatement Agency, Section 5

Authority of Government Personnel

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Actual Authority (contracting officer)Written authority by warrantImplied Authority (contracting officer representative)“usual, customary, & necessary”Apparent Authority -- Government does not recognize

Authority Types

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Apparent Authority

“Authority that a third party reasonably believes an agent has, based on the third party’s dealing with the principal.”Government is not bound by apparent authority - CSM directs grass be cut three times a week instead of two (per PWS) outside CGs office - BDE Commander directs contractor to have porta- potties cleaned every day instead of every other day (per PWS).Contractors will respond to apparent authority

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Specific Duties

Monitor all performance aspects of the day-to-day

administration

of the

contract

Monitor the contractor’s progress and performance, including the submission of required reports or other

documentation

Verify the contractor corrects all correctable

deficiencies

Perform acceptance of supplies and services for the Government

Ensure surveillance checklists and surveillance plans are properly tied with the

PWS

/ SOW

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Specific Duties

Maintain liaison and direct communications with both the contractor and the KO

Recommend contract modifications and termination actions to the KO

Provide technical interpretation of the

requirements

Maintain a professional distance from the contractor

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Specific Duties

Represent the Government on technical issues

Report any instance of suspected conflict of interest or fraud, waste, and abuse

Conduct Fair and Firm Monthly Surveillance

Understand the Government’s Quality Assurance Plan

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Reject non-conforming goods and/or services within a reasonable time Submit the DD Form 250, Material Acceptance and Receiving Report, for vendor payment KAFRCCINVOICES@afghan.swa.army.mil

Specific Duties

Include complete DD250, Invoice and EFT form

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This form is a multipurpose report used: To provided evidence of Government contract quality assurance To provided evidence of acceptance As contractor invoice and As commercial invoice supportThe Process: The contractor prepares/forwards the invoice to the COR who will prepare the DD250 using the contract. COR verifies the contractor’s invoice w/ the DD250 and contract, signs the DD250, and forwards both documents to the contracting officer The Contracting Officer will validate the document and forward to finance for payment

DD Form 250

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Send invoices to: KAFRCCINVOICES@afghan.swa.army.mil Subject: Invoice for W91B4L-XX-X-XXXX (contract #)

Submitting Invoices

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INVOICE PROCESS

COR Receives Invoice From Contractor

COR Completes DD250

COR sends documents to Invoice Team:

Contractor Invoice & EFT

DD250

DFAS ( 30days)

Bank Account (1-2 weeks)

Contractor Gets Paid (45 days later)

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DD Form 250

Delivery location

Contracting office

Name and address of vendor

Finance office

Additional delivery information

if necessary (i.e. unit at a FOB)

Contract and order number

**

** This must match the information on the vendor’s invoice.

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DD Form 250

This should match the information from the original contract.

Exception: block 17 should reflect the actual quantity received and/or acceptedif the shipment is incomplete or if not all items are accepted by the customer.

X the “Acceptance” block,date, and sign.Completing this block isthe customer’sverification that the itemsmeet the contract’sstandards.

Completing this block

verifies the customer received the quantity ofitems listed in block 17.

Note: More than one DD 250 will be required for a split supply shipment or continuing services.

SIGN TWICE!!!

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Signature required

Invoice and DD 250 dollar amounts should match

Contract number should appear on invoice

Invoice number and date required

Item description should match contract

The Invoice

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Electronic Funds Transfer Form (EFT)THIS FORM MUST BE TYPED USING SIZE FONT 14 !!! DO NOT HAND-WRITE !!! -- !!! يجب ان تطبع في هذا النموذج !!! لا تكتب باليدGeneral Information     معلومات عامةContract Number رقم العقدInvoice Number رقم قائمة الاجورEFT Amount المبلغThis information must match the company's account on file at the bank يجب ان تطابق المعلومات التالية لما هو موجود فس سجلات المصرفName Reflected on Bank Account الاسم كما هو مسجل في حساب المصرفBank Account Number رقم حساب المصرفAccount TypeChecking accountنوع الحسابBanking Information معلومومات المصرفBank Name اسم المصرفSWIFT Code (All Vendors - 8 or 10 digits) رمز السويفت (مطلوب لكافة المجهزين) (8 او 10 مراتب)ACH Routing Number (US Vendors - 9 digits) رقم الراوتنغ ( للمقاولين الامريكيين فقط) ( 9 مراتب)IBAN رقم الحساب المصرفي الدوليBank Branch Name اسم الفرع للمصرفBank Address عنوان المصرفBank City اسم المدينة التي يقع فيها المصرف

Bank Account Name and Company Name must match

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This information must match the company's account on file at the bank يجب ان تطابق المعلومات التالية لما هو موجود فس سجلات المصرفCompany Name أسم الشركةCompany Representative ممثل الشركةCompany Address عنوان الشركةPhone Number رقم الهاتفE-mail Addressmark.cull@arkel.com; gary.duff@arkel.comعنوان البريد الالكترونيCorrespondent (Intermediary) bank information معلومات المصرف المراسل (الوسيط)Non-USA Vendors: This information must be filled out completely for payment to be made يجب ان تطابق المعلومات التالية لما هو مسجل في المصرف لحساب الشركةIntermediate Bank: اسم المصرف الوسيطSWIFT Code: www.swift.com رمز السويفتIraqi bank Account number with Correspondent Bank رقم حساب المصرف العراقي لدى المصرف الوسيطSignature Block توقيع

Electronic Funds Transfer Form (Cont)

Company Name and Bank Account Name must match

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“You are hereby notified that I DO NOT have the authority to direct you in any way to alter your contractual obligations. Further, if the Requiring Unit, as a result of the information obtained from today’s discussion desires to alter your contract requirement, then formal changes will be issued in writing and signed by the Contracting Officer (KO).”

COR’s “Magic Words” to the Contractor:

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“What not to do”

Award, agree to, or sign any contract, delivery order or task order. All contractual agreements, commitments, or modifications shall be made only by the KO

Make any commitments or otherwise obligate the Government to make any changes to the contract

Grant deviations from or waive any terms and conditions of the contract

Authorize the use of overtime

Permit DFAC, PX, Hospital, MWR access

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“What not to do”

Impose or place a demand upon the contractor to perform any task or permit any substitution not specifically provided for in the contract

Approve travel and relocation expenses over and above that provided for in the contract

Increase the dollar limit of the contract, or authorize work beyond the dollar limit of the contract, or authorize the expenditure of funds

Give direction to the contractor or to the employees of the contractor except as provided for in the contract

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“What not to do”

Change the period of performance

Authorize the purchase of equipment, except as authorized under the contract

Authorize the furnishing of Government property, except as required under the contract

Authorize subcontracting or the use of consultants

Approve shifts of funding between line items of the budget

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Unauthorized Commitment

FAR 1.602-3 – an agreement that is not binding solely because the Government representative who made it lacked the authority to enter into that agreement on behalf of the Government.Ratification – the act of approving an unauthorized commitment by an official who has the authority to do so…the KO.COR (YOU) may be held personally fiscally liable for the dollar value of the unauthorized commitment that they make

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Unauthorized Commitments

What Can I Do To Avoid Committing A Unauthorized Commitment? Do NOT let the Chain of Command pressure you to commit the GovernmentDon’t let vendors pressure you through sales tactics and product trialsWhen conducting market research, be certain you make no commitmentsPlan ahead for the supplies and services you needContact your servicing contracting office for advice on contracting mattersContact them immediately if you believe you may be involved in a UCThink before you “buy”

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Ethics and the COR

It is always better to ask permission than forgivenessCall KONo one on the ground, other than the KO, can “authorize” anything relating to a contract

(This is Not

going to happen)

What?!!!

Sir, you must talk to the KO.

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Do not accept any of the following items from a contractor that you are appointed to oversee: Gifts Money Job Offers “Favors” If you are offered any of the above from a contractor you must report it to the KO immediately.

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Ethics and the COR

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….the U.S. Army assigns a contracting officer representative (COR) to review all transportation requests and transportation providers. The Army assigned SSG Clifton, to be the COR at the Bagram Airfield in February 2008. Clifton’s duties included overseeing the companies providing ground transportation to and from the Airfield and objectively determining whether the companies’ service had been adequate.

Despite initially refusing the gifts, Clifton admitted he accepted a cell phone in May 2008, paid for by AIT. According to court documents, AIT then began to make payments to Clifton at a rate of $20,000 a month. In exchange for the payments, Clifton admitted he agreed to assign one extra day of trucking service to the company. Clifton also admitted that later in the month, another Afghan trucking company, ATT, entered into a similar illegal agreement with him. In exchange for bribe payments of $15,000 a month, Clifton admitted he assigned ATT an additional day of trucking service a month. Between May and October 2008, Clifton admitted ATT and AIT made $87,000 in payments to him.

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Ethics and the COR

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Document unit requirements Assist in preparing the procurement package to include PWS/SOW and Independent Government Estimate (IGE) to include Market Research Prepare, staff, and submit Purchase Requests (PR&C) Verify availability of Funding – Submit packet to request funds Assist the KO in the Technical Evaluation of proposals from contractors

COR Pre-Award Responsibilities

Will vary with the size and type of contract – In General:

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Joint Acquisition Review Board (JARB)

Step 1: Follow JARB Checklist

Step 2: Develop Letter of Justification

Step 3: Get Three Quotes – Make Summary

Step 4: Conduct Lease vs. Buy Analysis (For NTV, ATV, MHE)

Step 5: For Services

Develop Statement of Work

Develop Quality Assurance Plan

Step 6: Legal Review

Step 7: Required COR Training

Step 8: PR&C (DA Form 3953 Word or

PureEdge

)

http://jsc-a.rsouth.afghan.centcom.mil

“acquisitions”

Slide35

Joint Acquisition Review Board (JARB)

USFOR-A - Tuesdays

CW2 Ralph Brown

RC-South/82

nd

AB

– Wednesdays

Mr. Nathan S. Taylor

Slide36

Performance Work Statement (PWS)/Statement of Work (SOW):Performance-Based Language:Tells the contractor what to do But not how to do itSeek assistance from functional and/or contracting staff Complete DA Form 3953 (funding/approval)/from RMJustification document (operationally dependent)

Key points: (What you ask for, not what you want)

You set the requirements - contracting officers cannot read your mind Do not assume anything - be specific and as thorough as possible Use the LOGCAP Support Officer (LSO) for requirements support--LOGCAP

36

PWS

Development

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A Statement of what you want the Outcome to be…not how to do it Outcome words include maintain, provide acceptable, keep in clean condition, proper outcome, etc.Example: “The Contractor shall, in designated areas, keep the grass maintained to an overall uniformity of two to three inches high without any skips or resulting debris.”A Measurement method that states how performance will be measured Measurement words include; Inspect; Observe; Count; Test; etc., Example: “The appropriate Government representative will inspect the designated areas for contract performance. Acceptance of work completed will be measured consistent with the Acceptable Quality Level (AQL) below:”

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PWS

Development

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This is what you need:You say, “Yellow custom car”You get this:

Contractor met requirements- Are you happy?

Basic Illustration

Slide39

RCC cancels the solicitation, cost the government time and money, and re-solicit:You say, “Yellow custom car w/4 wheels/more than 1 seat”You get this:

Contractor met requirements again- Still not happy?

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PWS Writing in 10 Easy Steps!

Identify the service object you want the contractor to changeState what you want the contractor to do to the objectAnalyze each service object to identify the object parts that require separate treatment (NO VERBS)…work breakdown analysisDevelop performance standardsWrite and organize the list of service tasksWrite the performance requirements summaryWrite the other sections of the work statement (Scope, References, Deliverables)Prepare a table of contents, if PWS is more than 10 pagesPrepare a document cover if PWS is an attachment to contract Publish the PWS

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KAF RCC

First in, first out

Senior Contracting Official Afghanistan (SCO-A) determines priorities, not us!

30 days to award contract

Contractor gets time for mobilization

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How to read a Contract

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1. Original PR number

2. Contract number

3. Award date4. Order number9. Contracting office15. Delivery address17. Vendor/contractor18. Finance/pay office

1

2

3

4

9

15

17

18

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How to read a Contract

19-24: Description of supplies/services purchased.

This information may be listed on or immediately following page 2.

26: Total award amount

31: Contracting officer’s signature

30: Vendor’s signature

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How to read a Contract

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Complete

description of each item: This is the basis for the COR’s inspection and acceptance of the supplies and/or services.

NLT delivery date and address

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COR Post-Award Responsibilities

Will vary with the size and type of contract – In General:

Monitor and document contractor’s performance in accordance with the requirements, terms and conditions of the contract and agreed schedule. Maintain Contract Information Security Inspect supplies and services to determine acceptability – Reject those that do not meet the contract requirements and standards. Report results to the Contracting Officer at least monthly. Validate contractor’s reimbursable purchases are actually received before being billed to the Government(Contractor Invoice). Maintain COR files

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Results of Poor Quality Control …

Loss of Effectiveness and a Waste of US Tax Payers Dollars…

Soldier electrocuted

while taking a shower in a contractor maintained military facility.

The PWS called for 2 inch gravel

…or Worse, Loss of Life.

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Administrative info (Contract Number, etc) Documenting contractor's performanceWorking File: COR nomination and appointment COR training documents Copy of the contract and modifications Notice of award and to proceed Minutes of post-award meeting List of POCs for gov’t and contractor List of applicable regulations Quality Assurance Surveillance Plan(QASP) Security requirements/clearances/passes Correspondence on contract Surveillance documentation Invoices/receipts GFP documents

COR Work Plan

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COR Official Files

The

COR file is a part of the official contract file

and must be maintained in accordance with the contracting officer’s instructions.

COR is Responsible to :

Maintain complete and orderly files Safeguard all procurement sensitive, business sensitive, and proprietary information.

FAR Subpart 4.8 -- Government Contract Files

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Do Not Promise or authorize more workDo Not Get involved with subcontractorsDo Not Modify the contractDo Not Disclose source selection informationDo Not Divulge budget informationDo Not Grant deviations or waivers of contract terms and conditionsDo Not Pass on duties to anyone else (no delegations)Do Not accept gifts, cash, job offers, or “favors” from the contractor

COR

Things to Remember

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The COR is responsible for determining whether products delivered or services rendered by the contractor conform to the technical requirements of the contract. In discharging this responsibility, the COR should keep in mind that once a contractor’s work has been formally accepted, the contractor is excused from further performance or correction of work that has already been accepted should it prove to be unsatisfactory (except for latent defects). Acceptance defined: The act of an authorized representative of the Government (you, the COR), which constitutes acknowledgement that the supplies or services conform to the applicable contract quality/quantity requirements.

Inspection and Acceptance / Rejection

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CORs are the requiring unit’s voice of satisfaction or dissatisfaction concerning contractor performance… they are where the “rubber meets the road” on how the command’s contracting budget is spent CORs manage their assigned contract, not the contractor CORs can be held personally fiscally liable for Unauthorized Commitments

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COR

Things to Remember

Slide52

Read and know the contract Have or develop technical expertise Manage relationshipsMonitor and document performanceMonitor Government PropertyInspect and accept deliverablesRecommend changes or remediesReview/approve reports and invoicesReport at least monthly to the KOContinue COR duties until Terminated in writing by the KO

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COR

Things to Remember

Slide53

Contract Information is always sensitive data Do not share contract data with anyone except the CO, KO, Quality Assurance Personnel, and the prime contractor (listed on the contract) employees Insurgent forces target contractors who do business with the U. S. Government and Coalition Allies. Disclosure of contractor company names identifies these firms as doing business with the U. S. Government and can place the lives of the companies’ employees and their families at risk.

COR Contract Info Security

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Questions?

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KAF/RCC COR POC Information

1Lt Jennifer Hutchison

Jennifer.hutchison@afghan.swa.army.mil

Desk: 318-421-7159

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Federal Acquisition Regulation (FAR)Defense FAR SupplementMoney as a Weapons System

References

Slide57

QUESTIONS?

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