The COR/COTR Answer Book

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CHAPTER 1

The Contracting Officer’s Representative and Contract Fundamentals

The contracting officer (CO) administers the contract during contract performance, but he or she rarely has the expertise to administer all areas of the contract necessary for successful performance. Therefore, the CO’s decisions must be based upon the input of many people. The contracting officer’s representative’s (COR) responsibility is to provide technical support to the CO and to the contract specialist.

This chapter answers questions about the COR’s specific duties, the COR’s role in contract administration, and the COR’s communication and documentation duties. This book provides answers to important questions about the typical duties and responsibilities of CORs. The actual duties and responsibilities of the COR are set forth in the letter of designation and may differ from those presented in this book. General principles, however, should still apply.

The COR will need to determine the requirements for designation as a COR in his or her particular agency. These COR designation requirements should, at a minimum, identify:

The COR training and certification requirements

The COR nomination and designation procedures of the contracting officer (i.e., the CO) making the designation

The title that will be used for the designated COR position.

THE CONTRACTING OFFICER’S REPRESENTATIVE

1. What is the COR?

The COR is a non-contracting person who is given the chief role in the technical monitoring and administrative aspects of a statement of work or specification of a contract. FAR 2.101 states: Contracting Officer’s Representative (COR) means an individual, including a contracting officer’s technical representative (COTR), designated and authorized in writing by the contracting officer (CO) to perform specific technical or administrative functions.

2. What other terms do some agencies use in place of COR?

Agencies may describe the same official using terms such as:

Contracting officer’s technical representative (COTR)

Government technical representative (GTR)

Government technical evaluator (GTE).

Some agencies may reserve the COTR designation for technical representatives, while using the COR label for individuals who have other contract administration duties. Other agencies use the term COR to identify any government person who has been given authority under a contract by the CO. An agency usually handles the issue of deciding which title to use for the individual through a supplement to the Federal Acquisition Regulation (FAR) or other policy documents that generally reflect organizational practice. For the purposes of this book, the representative of a CO will always be called a COR.

3. What terms or roles can be confused with those of the COR?

The terms ordering officer, BPA caller, contracting officer, POC (point of contact), PCO (principal or procuring contracting officer), ACO (administrative contracting officer), and TCO (termination contracting officer) have specific and decidedly different meanings and should not be used if the title COR is intended.

An individual may be designated as a COR under one contract and have another role (e.g., ordering officer) under another contract. Care should be taken not to confuse the titles, as the authorities of each position are quite different.

The COR’s Authority

It is critical that the COR understand his or her authority when representing the CO. The COR must avoid making unauthorized changes to the contract; making such changes could create serious problems for both the government and the COR. The COR needs to determine the source and extent of the authority assigned to him or her.

4. What is the source of the COR’s authority?

The authority vested in a COR comes directly from the CO. This authority is bestowed upon the COR through specific provisions set forth in the contract or in a letter of designation. The CO can revoke the authority for cause if the COR fails to perform as required.

5. What authority may be delegated to the COR?

To understand what authority may be delegated to a COR, we need first to examine the CO’s authority. The CO’s authority is discussed in FAR Subparts 1.6 and 2.1.

FAR 1.602-2 states: CO’s are responsible for ensuring performance of all necessary actions for effective contracting, ensuring compliance with the terms of the contract, and safeguarding the interests of the United States in its contractual relationships.

FAR 2.101 states: "‘Contracting officer’ means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the Contracting Officer [emphasis added] acting within the limits of their authority as delegated by the Contracting Officer."

The CO may designate other government personnel to act as his or her authorized representatives for such functions as technical monitoring, inspection, approval of testing, and other functions of a technical nature not involving a change in the scope of the contract. Such designation must be in writing and must contain specific instructions regarding the extent to which the representative may take action for the contracting officer.

For every contract, the CO must determine whether to:

Retain the contract and perform all applicable contract administration functions

Retain the contract and perform the administrative functions with the assistance of other government personnel, such as CORs

Assign the contract to a contract administration office (CAO)

Assign the contract to a CAO with specific limitations or specific additions.

6. What is the COR’s authority on a contract?

The extent of the COR’s involvement, the specific functions he or she is called on to perform, and the processes used to perform those functions will vary from activity to activity and contract to contract. For example, in one instance the COR may be involved with a certain contract from cradle to grave, while in another, the COR may be tapped for duty only after the contract has already been awarded.

The CO is responsible for tasking the COR through the official designation letter and through the dynamics of day-to-day teamwork. CORs are generally not authorized to change the price, quantity, quality, delivery, or any terms of the contract.

SELECTION OF THE COR

The following section explains the selection and designation process for a COR and identifies the elements of a COR letter of designation. The COR should follow his or her specific agency policies and procedures relating to CORs, but sometimes agency guidance is lacking or inconsistent. The following questions and answers provide general information and guidance that can be used to establish a better COR selection and designation process for a particular contracting situation.

7. When should a COR be selected and designated for a contract?

A COR should be selected:

When technical guidance is needed for a contract

To perform inspection functions

When testing approval is required

When continuous surveillance of the contractor’s work is required.

8. How are CORs selected and designated?

FAR 1.602-2(d) states:

COs shall designate and authorize, in writing, a contracting officer’s representative (COR) on all contracts and orders other than those that are firm-fixed price, and for firm-fixed price contracts and orders as appropriate. However, the CO is not precluded from retaining and executing the COR duties as appropriate. See FAR 7.104(e).

A COR

Must be a government employee, unless otherwise authorized in agency regulations

Shall be certified and maintain certification in accordance with the Office of Management and Budget (OMB) memorandum entitled The Federal Acquisition Certification for Contracting Officer Technical Representatives (FAC-COTR), dated November 26, 2007, or for DoD, DoD Regulations, as applicable.

Must be qualified by training and experience commensurate with the responsibilities to be delegated in accordance with department/agency guidelines

May not be delegated responsibility to perform functions that have been delegated under FAR 42.202 to a contract administration office, but may be assigned some duties at 42.302 by the CO.

Has no authority to make any commitments or changes that affect price, quality, quantity, delivery, or other terms and conditions of the contract, and

Must be delegated in writing, with copies furnished to the contractor and the contract administration office:

Specifying the extent of the COR’s authority to act on behalf of the CO

Identifying the limitations of the COR’s authority

Specifying the period covered by the designation

Stating the authority is not redelegable, and

Stating that the COR may be personally liable for unauthorized acts.

OMB memorandum Revisions to the Federal Acquisition Certification for Contracting Officer’s Representatives (FAC-COR), dated September 6, 2011, revises and replaces the November 2007 memorandum. This new memorandum establishes a risk-based, three-tiered certification program for civilian agencies that better reflects the important role of the COR. The new requirements, which were effective January 1, 2012, apply to all executive agencies except for the Department of Defense.

Where the previous FAC-COTR had just one level of certification for all CORs, the new FAC-COR has three levels of certification with varying requirements for training, experience, and continuous learning, depending on the types of contracts being managed. The COR level required for a particular acquisition is determined by the CO during acquisition planning and in consultation with the program manager. Details pertaining to FAC-COR are available at www.fai.gov/drupal/certification/fac-cor.

For more information on how your agency will implement the new certification requirements, contact your Acquisition Career Manager (ACM). A listing of ACMs is available at www.fai.gov/drupal/community/acquisition-career-managers-acms.

9. What selection criteria does an agency use to select the COR?

In addition to the regulatory requirements outlined in Question #8, the COR is usually selected on the basis of a recommendation by the program office, i.e., the requiring activity that initiates the contract requirement.¹ It is preferable that the COR be the technical expert on the requirements of the contract on which he or she will be working. Some agencies use a nomination process, including a nomination letter, to nominate an individual for the CO’s consideration.

10. When is a letter of designation used?

A letter of designation is prepared when a CO must administer a contract and needs to rely on other government personnel to ensure the successful completion of the contract. For example, the CO officially designates a COR by issuing a letter of designation based on the CO’s acceptance of the technical qualifications of the individual nominated by the program office in the nomination letter.

11. What are the elements of a letter of designation?

Letters of designation must be tailored for the individual COR for each applicable contract to which a COR is assigned. Therefore, each letter will contain certain elements as necessary. The sample letter provided in Figure 1-1 contains several elements that are most often found in a letter; however, it is unlikely that an individual letter would contain all the elements shown. For example, other individuals may be assigned inspection and acceptance or property administration duties. It is essential that the elements in the letter be tailored to the particular individual in a given COR designation because this is the document that establishes the COR’s authority as delegated by the CO.

FIGURE 1-1. Sample COR Letter of Designation

12. What other means of designation do agencies use to outline the duties of a COR?

Agencies may use other means of designation, such as:

Team assignments. Some agencies have developed a joint partnership agreement that is signed during the preaward phase, defining how the program office and the contracting office will work together on the contract. The agreement contains details pertaining to the duties and areas of responsibility of each party in defining the contract requirements and planning for contract administration during the performance period. The teamwork concept is enhanced by designating the COR early in the process. By becoming familiar with the program requirements, the COR is able to assist the CO in developing the statement of work and contract administration plan.

Contract requirements. The COR’s authority and responsibilities can be presented in the contract through:

– Part 1, Section G (Contract Administration Data) of the Uniform Contract Format, or an addendum to a commercial item contract that specifies the name and duties of the COR

– The technical direction clause in the contract, which establishes the scope of the COR’s responsibilities in relation to the contractor. The clause further defines the role of the COR during contract performance.

The CO delegates the authority and responsibilities of the COR by signing the contract. A separate letter may not be necessary when the information contained in the contract is sufficient.

Internal policy. Instructions and responsibilities addressed to individuals involved in the contract administration process may also be contained in:

– Regulations and policy documents

– Office procedures

– Job descriptions of contract administration team players.

Regardless of internal policies, the CO must still officially designate the individual who will serve as COR by name under a specific contract. Agency policy, procedures, and job descriptions cannot substitute for a specific designation from the CO, unless the agency has an agreement with the contracting office—as in a situation in which the same commodity or services were being acquired on follow-on contracts, and the COR designation flows from one contract to the next per the conditions of the agreement.

Also, remember that if the assigned duties of the COR are changed, or another person is assigned the responsibility by the program office to technically monitor the contract, the program office or the COR must inform the CO immediately so that the CO may assign the duties of the COR to another person.

In summary, the designation process should follow these steps:

The COR is nominated in writing by the program organization.

The COR is notified by letter, written and signed by the CO.

The COR acknowledges acceptance of the position by signing and returning a copy of the letter to the CO.

THE COR’S DUTIES

The COR will need to perform general duties and responsibilities that may be assigned to him or her as a COR. The following questions and answers describe the COR’s duties and responsibilities and identify the major areas of contract administration that are usually assigned to CORs.

The competencies needed to best perform these duties are described at the Federal Acquisition Institute (FAI) web page at www.fai.gov/drupal/node/184.

General Duties

13. What are the general duties of a COR?

The COR must:

Know the contract. The COR must be thoroughly familiar with all facets of the contract. He or she will not only act as a liaison between the contractor and the CO on matters pertaining to the contract requirements, but will also be responsible for contract compliance to the extent such responsibilities are designated to the