LCDR Ron Terry, USN - PowerPoint Presentation

Slide1

LCDR Ron Terry, USN

Contracting Officer / FOO Program Manager, RCC KAF

Contracting Officer Representative (COR) TrainingSlide2

COR 1000-1100CID 1100-1130LUNCH 1130-1300

PAY AGENT 1300-1400FOO 1400-1430CERP 1430-1500Slide3

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.aspx

DOD

Combating Trafficking in Persons Course J3TA-US030 https://www.us.army.mil/ - ALMS

OGE Form 450(Confidential Financial Disclosure)

3Slide4

Performance Work Statement

(PWS)/Statement of Work (SOW):Performance-Based Language:

Tells the contractor what to do But not how

to do it

Seek 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

4

PWS

DevelopmentSlide5

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?

5Slide6

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.

6Slide7

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

7Slide8

COR Authority

COR will often have:Command Authority through Chain of Command

This DOES NOT provide authority over the contractor to make changes on any contract(s).

Contract Authority only through the KO IAW the COR Appointment Letter

Limitations – based on PWS/SOW

8Slide9

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

9Slide10

Actual Authority (contracting officer)

Written authority by warrantImplied Authority (contracting officer representative)“usual, customary, & necessary”

Apparent Authority -- Government does not recognize

Authority Types

10Slide11

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 / SOWSlide13

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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 contractorSlide14

14

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 PlanSlide15

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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 formSlide16

16

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 250Slide17

17

Send invoices to: KAFRCCINVOICES@afghan.swa.army.mil

Subject: Invoice for W91B4L-XX-X-XXXX (contract #)

Submitting InvoicesSlide18

INVOICE PROCESS

COR Receives Invoice From Contractor COR Completes DD250COR sends documents to Invoice Team:Contractor Invoice & EFTDD250DFAS ( 30days)Bank Account (1-2 weeks)

Contractor Gets Paid (45 days later)Slide19

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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.Slide20

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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 accepted

if the shipment is incomplete or if not all items are accepted by the customer.

X the “Acceptance” block,date, and sign.Completing this block is

the customer’sverification that the items

meet the contract’sstandards.

Completing this block

verifies the customer

received the quantity of

items listed in block 17.

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

SIGN TWICE!!!Slide21

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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 InvoiceSlide22

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 باليد

General Information

معلومات عامة

Contract Number

رقم العقد

Invoice Number

رقم قائمة الاجور

EFT Amount

المبلغ

This information must match the company's account on file at the bank

يجب ان تطابق المعلومات التالية لما هو موجود فس سجلات المصرف

Name Reflected on Bank Account

الاسم كما هو مسجل في حساب المصرف

Bank Account

Number

رقم حساب المصرف

Account Type

Checking account

نوع الحساب

Banking Information

معلومومات المصرف

Bank Name

اسم المصرف

SWIFT 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 الدولي

Bank Branch Name

اسم الفرع للمصرف

Bank Address

عنوان المصرف

Bank City

اسم المدينة التي يقع فيها المصرف

Bank Account Name and Company Name must matchSlide23

This information must match the company's account on file at the bank

يجب ان تطابق المعلومات التالية لما هو موجود فس سجلات المصرف

Company Name

أسم الشركة

Company Representative

ممثل الشركة

Company Address

عنوان الشركة

Phone Number

رقم الهاتف

E-mail Address

mark.cull@arkel.com; gary.duff@arkel.com

عنوان البريد الالكتروني

Correspondent (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 الشركة

Intermediate Bank:

اسم المصرف الوسيط

SWIFT Code:

www.swift.com

رمز السويفت

Iraqi bank Account number with Correspondent Bank

رقم حساب المصرف العراقي لدى المصرف الوسيط

Signature Block

توقيع

Electronic Funds Transfer Form (Cont)

Company Name and Bank Account Name must matchSlide24

“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 accessSlide26

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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 Slide27

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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 Slide28

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

28Slide29

Unauthorized Commitments

What Can I Do To Avoid Committing A Unauthorized Commitment

?

Do NOT let the Chain of Command pressure you to commit the Government

Don’t let vendors pressure you through sales tactics and product trialsWhen conducting market research, be certain you make no commitments

Plan ahead for the supplies and services you need

Contact your servicing contracting office for advice on contracting matters

Contact them immediately if you believe you may be involved in a UC

Think before you “buy”

29Slide30

Ethics and the COR

It is always better to ask permission than forgivenessCall KO

No 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.

30Slide31

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.

31

Ethics and the CORSlide32

….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 CORSlide33

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:

33Slide34

Joint Acquisition Review Board (JARB)

Step 1: Follow JARB ChecklistStep 2: Develop Letter of JustificationStep 3: Get Three Quotes – Make SummaryStep 4: Conduct Lease vs. Buy Analysis (For NTV, ATV, MHE)Step 5: For Services

Develop Statement of WorkDevelop Quality Assurance PlanStep 6: Legal ReviewStep 7: Required COR TrainingStep 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 - TuesdaysCW2 Ralph BrownRC-South/82nd AB – WednesdaysMr. Nathan S. TaylorSlide36

Performance Work Statement

(PWS)/Statement of Work (SOW):Performance-Based Language:

Tells the contractor what to do But not how

to do it

Seek 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

DevelopmentSlide37

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:”

37

PWS

DevelopmentSlide38

This is what you need:

You say, “Yellow custom car”

You get this:Contractor met requirements- Are you happy?

Basic IllustrationSlide39

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?Slide40

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 object

Analyze 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 tasks

Write the performance requirements summary

Write the other sections of the work statement (Scope, References, Deliverables)Prepare a table of contents, if PWS is more than 10 pages

Prepare a document cover if

PWS is an attachment to contract

Publish the PWS

40Slide41

KAF RCCFirst in, first out

Senior Contracting Official Afghanistan (SCO-A) determines priorities, not us!30 days to award contractContractor gets time for mobilization Slide42

How to read a Contract

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1. Original PR number

2. Contract number

3. Award date4. Order number9. Contracting office

15. Delivery address17. Vendor/contractor

18. Finance/pay office

1

2

3

4

9

15

17

18Slide43

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 signatureSlide44

How to read a Contract

44

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 addressSlide45

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

45Slide46

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.

46Slide47

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

47Slide48

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

48Slide49

Do Not Promise or authorize more work

Do Not Get involved with subcontractorsDo Not Modify the contractDo Not Disclose source selection information

Do Not Divulge budget informationDo Not Grant deviations or waivers of contract terms and conditions

Do 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

49Slide50

50

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 / RejectionSlide51

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

51COR Things to RememberSlide52

Read and know the contract

Have or develop technical expertise Manage relationships

Monitor and document performanceMonitor Government Property

Inspect and accept deliverables

Recommend changes or remediesReview/approve reports and invoices

Report at least monthly to the KOContinue COR duties until Terminated in writing by the KO

52

COR

Things to RememberSlide53

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

53Slide54

Questions?

54Slide55

KAF/RCC COR POC Information

1Lt Jennifer Hutchison

Jennifer.hutchison@afghan.swa.army.mil

Desk: 318-421-7159

55Slide56

Federal Acquisition Regulation (FAR)

Defense FAR Supplement

Money as a Weapons System

ReferencesSlide57

QUESTIONS?