PART 642 - CONTRACT ADMINISTRATION AND AUDIT SERVICES
PART 642 - CONTRACT ADMINISTRATION AND AUDIT SERVICES
Subpart 642.2 - Contract Administration Services
642.270 Contracting Officer's Representative (COR).
(a) Scope. Contracting officers may designate technically qualified personnel as their authorized representatives to assist in the administration of contracts. This section establishes Department policy and procedures on the training and appointment of CORs. This section is mandatory for domestic contracting activities and recommended for overseas contracting activities.
(b) Policy. It is Department policy that only Department of State employees who have completed adequate training and have the necessary experience and judgment shall be appointed as CORs. This policy shall be reinforced by contracting officers and administered jointly by A/OPE and FSI. Required training shall be funded by the COR's office.
(c) Required training. (1) Formal training. Department employees shall complete 40 hours of FSI-approved COR training course(s) prior to appointment as a COR. Approved courses include:
PA-174, COR Training (Pre-Award) (24 hours);
PA-175, COR Training (Post-Award) (16 hours);
PA-173, COR Update Training (8 hours); and,
PA-130, How to be a COR (distance learning course).
If FSI training courses are unavailable, individuals may obtain training from other Government or commercial sources; however, the course(s) shall be 40 hours in length and cover at least the basic duties, as applicable to the type(s) of contracts for which the employee will serve as COR. Every five (5) years thereafter, the COR shall complete an additional FSI-approved course or other 40-hour course in order to maintain a current base of knowledge.
(2) Refresher training. Each COR shall complete an 8-hour refresher course in the intervening period; this course shall be offered by FSI.
(3) Effect of training. Completion of required training and possession of relevant qualifications and/or experience do not guarantee that a particular employee will be appointed as a COR. The appointment of a COR is a matter solely within the discretion of the contracting officer.
(4) Additional training requirements. Requirements offices may impose additional training requirements on their staff. For example, OBO requires an additional 40 hours of commercial training in specific areas, as well as 24 hours of refresher training every three years.
(d) Training sources. FSI is the preferred source of COR training, and inquiries regarding COR training shall be directed to FSI; however, funding may not be available for a sufficient number of courses, so CORs may have to obtain training from a commercial source or other Federal agencies. A list of such sources can be found on the A/OPE Internet Home Page at http://www.statebuy.gov/training.htm
(e) Grandfather procedure. Department employees who are already serving as CORs need not complete the required training if, in the judgment of the contracting officer, their performance as a COR is acceptable. If the contracting officer considers a current COR's performance to be in need of improvement, the COR may be required to complete the required training within one year as a condition of continuing to serve as a COR. Department employees may substitute one or more years of experience for the initial training requirement if approved by the contracting officer based on the adequacy of the experience.
(f) Appointment process. The COR appointment process shall be as follows, unless an alternative process is developed by the contracting activity and approved by the Procurement Executive:
(1) Nomination. The COR shall be named in the procurement request submitted to initiate the procurement action and shall be accompanied by a nomination using the format as indicated in paragraph (h).
(2) Appointment memorandum. CORs shall be appointed using Form DS-1924, Certificate of Appointment . The COR shall display this certificate in his/her office or have it available to show visitors. In addition, the contracting officer shall prepare an accompanying delegation memorandum with the certificate to outline the scope of the COR's authority, including duties, responsibilities, and prohibitions. If the COR is replaced during the term of the contract, the contracting officer shall prepare an appointment memorandum for the replacement COR and ensure that the contractor receives a copy. Complete COR duties and responsibilities are detailed in 6 FAH-2, Contracting Officer's Representative Handbook.
(3) Appointment ceremony. For the initial appointment of a COR, the contracting officer should convene a post-award orientation conference attended by the COR, the contractor, and the contracting officer, as prescribed in FAR Subpart 42.5. At the conference, the contracting officer should provide the COR with the signed Form DS-1924 and delegation memorandum. This memorandum should be signed as acknowledged by the COR and countersigned by the contractor to commemorate the mutual understanding of the COR's authority. A copy of both the appointment memorandum and the appointment certificate shall be maintained in the official contract file.
(4) Replacement or revocation. If a COR must be replaced, the requirements office shall submit a request for approval of COR replacement. Any COR appointment may be revoked by the contracting officer for failure to adhere to the conditions of the COR's appointment. Such revocation shall be in writing, documenting the basis for the action being taken, with a copy sent to one level above the COR and a copy kept in the official contract file.
(g) Alternative procedures. Contracting activities requiring alternative procedures (e.g., allowing personal services contractors to serve as CORs) to implement an effective COR program shall submit a description of their proposed alternative to A/OPE for review and approval.
(h) Sample formats. Sample COR nomination, appointment, and replacement formats may be found on the A/OPE Intranet web site at http://www.aope.a.state.gov.
642.271 Government Technical Monitor (GTM).
(a) Policy . The contracting officer may appoint a Government Technical Monitor (GTM) to assist the Contracting Officer's Representative (COR) in monitoring a contractor's performance. The contracting officer may appoint a GTM because of physical proximity to the contractor's work site, or because of special skills or knowledge necessary for monitoring the contractor's work. The contracting officer may also appoint a GTM to represent the interests of another requirements office or post concerned with the contractor's work. A GTM shall be a direct-hire U.S. Government employee.
(b) Required training. Training for GTMs is strongly encouraged, but not mandatory. The training which is offered by FSI is recommended for GTMs as well (see DOSAR 642.270(c)). At a minimum, GTMs must obtain and read 6 FAH-2, Contracting Officer's Representative Handbook , which is available on the A/OPE Intranet site, and should avail themselves of FSI's distance learning course, PA-130.
(c) Appointment . The contracting officer may appoint a GTM at the written request of the COR. If the proposed GTM is not under the direct supervisory chain of the COR, the COR shall receive the concurrence of the GTM's supervisor prior to submitting the request to the contracting officer. The COR shall outline which of his/her duties should be redelegated to the GTM. The contracting officer has sole discretion to appoint a GTM. Complete GTM duties and responsibilities are detailed in 6 FAH-2, Contracting Officer's Representative Handbook.
(d) Duties not delegable. The COR shall not request redelegation of the following duties to the GTM, although the GTM may be called upon to make recommendations on these matters:
(1) the authority to request the contracting officer to make changes in contract scope, funding, or the schedule for major deliverables; and,
(2) the authority to provide final acceptance of the contractor's work.
(e) Modification or revocation. The contracting officer may modify or revoke the delegation by written notice to the GTM.
(f) Sample formats. Sample GTM nomination and appointment formats may be found on the A/OPE Intranet web site at http://www.aope.a.state.gov/
642.272 DOSAR contract clauses.
(a) The contracting officer shall insert a clause substantially the same as the clause at 652.242-70, Contracting Officer's Representative, in solicitations and contracts when appointment of a contracting officer's representative is anticipated.
(b) The contracting officer shall insert a clause substantially the same as the clause at 652.242-73, Authorization and Performance, in all solicitations and contracts to be awarded and/or performed overseas. For overseas local guard contracts, the contracting officer shall use the clause with its Alternate I.
Subpart 642.6 - Corporate Administrative Contracting Officer
642.602 Assignment and location.
The Procurement Executive is the agency head's designee for the purposes of FAR 42.602(a).
Subpart 642.7 – Indirect Cost Rates
642.703-2 Certificate of indirect costs.
(b) The head of the contracting activity is the agency head's designee for the purpose of FAR 42.703-2(b).
Subpart 642.14 - Traffic and Transportation Management
642.1406-70 DOSAR contract clauses.
(a) The contracting officer shall insert the clause at 652.242-71, Notice of Shipment, in solicitations and contracts entered into and performed outside the United States, when overseas shipment of supplies is required.
(b) The contracting officer shall insert the clause at 652.242-72, Shipping Instructions, in solicitations and contracts with a source in the United States and overseas shipment of supplies is required.
Subpart 642.15 – Contractor Performance Information
642.1503-70 Contractor Performance System (CPS).
(a) The Department of State subscribes to the Contractor Performance System (CPS) maintained by the National Institutes of Health. CPS is an Internet-based tool allowing contracting officers to input past performance information and view past performance information input by other contracting officers in other locations and agencies.
(b) All DOS contracting officers with access to the Internet shall use CPS to evaluate contractor's past performance for all contracts exceeding $100,000, including options. Contracting officers shall also use the CPS to evaluate the past performance of offerors on all competitive negotiated acquisitions exceeding $100,000, including options, unless the contracting officer documents in the contract file why past performance is not an appropriate evaluation factor. The CPS may also be used for evaluating acquisitions not exceeding $100,000 to conform to the general principle of considering past performance in all acquisitions.
(c) Form DS-1771, Contractor Past Performance Evaluation , shall be used only:
(1) When the CPS is temporarily unavailable. When the CPS becomes available, data from any DS-1771 created in the interim shall be promptly entered into the CPS; or
(2) At overseas locations where access to the Internet is not practicable.
(d) Heads of contracting activities shall send a list of the names, work addresses, and phone numbers of all acquisition personnel whom they wish to have access to the CPS to A/LM/AQM.