NASA Johnson Space Center Contracting Officer and Contracting

NASA Johnson Space Center Contracting Officer and Contracting Officer’s Technical Representative COTR_JSC_WSTF_04/2006 0

Privity of Contract NASA Prime Contractor Subcontractor Direct Relationship CO and COTR Contractor’s Staff No Contractual or Direct Relationship COTR_JSC_WSTF_04/2006 1

Contracting Officer Warranted (FAR 1. 603 -2) Qualifications: n n n Baccalaureate Degree from Accredited Institution 24 semester hours of business related courses Experience in Government contracting and administration Knowledge of acquisition policies and procedures Specialized knowledge in assigned contracting field Completion of acquisition training courses COTR_JSC_WSTF_04/2006 2

Contracting Officer Responsibilities n General responsibilities n n n Lead the acquisition team to ensure performance of all necessary actions for effective contracting Ensure compliance with the terms of the contract Sign contracts and modifications (bind the Govt. ) Negotiate in good faith Safeguard the interests of the United States in its contractual relationships COTR_JSC_WSTF_04/2006 3

Chain of Authority: Contracting Officer to COTR n n Only the Cognizant Contracting Officer or their superior may delegate authority to a COTR Delegation must be to an individual Delegation must be in writing COTR may be personally liable for unauthorized commitments NASA FAR Supplement (NFS) 1801. 670 COTR_JSC_WSTF_04/2006 4

COTR Qualifications and Position Qualifications: n n Subject matter expert Mandatory COTR training Refresher training annually Communicator and problem solver Position: n Act as the contractor’s primary liaison with the Government COTR_JSC_WSTF_04/2006 5

COTR Responsibilities Overview n n n Help the contractor interpret technical requirements Recommend changes to the Contracting Officer Monitor and evaluate contractor performance Review invoices Recommend corrective actions on deficiencies Inspect and accept deliverables COTR_JSC_WSTF_04/2006 6

Duties of the COTR n Assist the Contracting Officer n Pre-award n n n Draft Statement of Work Provide Independent Government Estimates Assist in evaluating technical proposals Determine degree of contractor risk Develop the contract surveillance plan; tailor to contractor’s proposal/approach after award COTR_JSC_WSTF_04/2006 7

Duties of the COTR, n continued Assist the Contracting Officer n Post-Award n n Support the Post-Award Orientation Conference Recommend contract changes as needed. n n Recommend Consideration Waivers, Deviations, and Engineering Change Proposals Review technical qualifications of proposed substitute key personnel Oversee Government-furnished property COTR_JSC_WSTF_04/2006 8

Duties of the COTR, n continued Act as the contractor’s primary liaison with the Government n n n Provide Technical Direction Provide Technical Clarifications of the SOW Manage Tasking and Technical Instructions (TIs) COTR_JSC_WSTF_04/2006 9

Duties of the COTR, n continued Monitor contractor performance n n n Review Contractor Progress Reports Monitor Cost vs. Progress Review deliverables for acceptance Recommend Corrective Action in the event of contractor deficiencies Prepare Reports on Contractor Performance COTR_JSC_WSTF_04/2006 10

COTR Critical Objectives n Successful COTRs: n n n Understand the concept of a contract Understand the chain of contracting authority Understand the statutory and regulatory framework of Federal acquisition Understand the acquisition process Understand their roles and responsibilities and how to execute them COTR_JSC_WSTF_04/2006 11

COTR Limitation of Authority n The COTR never has the authority to take any action, directly or indirectly, that could change the following: n n n Price, cost, or fee Quantities to be offered for acceptance Quality, beyond what is specifically called for in the Statement of Work or clauses Scope of contract Delivery schedule COTR_JSC_WSTF_04/2006 12

COTR Limitation of Authority, continued n Further, the COTR may not: n n n Promise additional work to the contractor Disclose proprietary or sensitive information on pending procurements Make statements to contractor that could be misinterpreted COTR_JSC_WSTF_04/2006 13

Do’s for the COTR n What the COTR Should Do: n n n Identify what needs to be changed to meet the Government's requirements Prepare SOW for the modification Estimate funding required for contractor to implement modification Determine availability of funds Coordinate with CO Review contractor cost proposal and prepare technical evaluation COTR_JSC_WSTF_04/2006 14

Don’ts for the COTR n What the COTR Should Not Do: n n n Direct the contractor to make a modification Act in a way that leads the contractor to believe the COR is authorized to direct a contract modification Encourage the contractor to do work beyond the scope of the contract COTR_JSC_WSTF_04/2006 15