This session is sponsored by the

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This session is sponsored by the Federal
Acquisition Institute
The primary organization providing knowledge and
support to the federal civilian acquisition
workforce. For more information about FAI,
please visit our website at www.fai.gov
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Contracting Officer Technical RepresentativeWhat
you need to know to be successful
GSA Training Conference and Expo 2010
Otis W. Langford, Jr. Learning Training
Manager Federal Acquisition Institute
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Overview

• By the end of this session, you will be able to
• Review COTR related regulations
• Explain the duties and responsibilities of a COTR
• Review the key roles in the procurement process
• Review key ethics rules

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Complicated Environment
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The Federal Workforce is
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Procurement Workforce 2008
Total 91,000
Ave grade GS 11
Ave Age 48
Gender 53 female 47 male
Ave Salary Range 43-79K
Organization 54 DoD 46 Civilian
College Grads 59
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Where Are the Buyers?
Contract Specialists DC Metro 21 Philadelphia
Metro 5 Huntsville AL 3 New York Metro
3 Norfolk Metro 3 Dayton, OH 2 Other
63 (including Albuquerque, Atlanta, Boston,
Chicago, Denver)
Purchasing Specialists DC Metro 12 Norfolk
Metro3 San Diego Metro 2 Baltimore Metro
2 Philadelphia Metro 2 Other 79 (including
Phoenix, Portland, San Francisco, St. Louis)
General Business and Industry DC Metro
17 Norfolk Metro3 St. Louis3 New York Metro
2 Dallas Metro 2 Other 73 (Including Atlanta,
Boston, Los Angeles, Nashville)
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The Workforce is more complex, multiple
generations, and more diverse

• Traditionalists (born lt1946)
• Boomers (born 1946-64)
• Gen Xers (1965-81)
• Millennials (gt1982)

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The Procurement System
Congress
President
Statutes
Initiatives
Office of Federal Procurement Policy
Small Business Administration
Department of Defense
Federal Acquisition Regulation
National Aeronautics Space Administration
Department of Labor
General Services Administration
Department Of Commerce
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What is a COR ?
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But I have only served as the COTR for less than
a year
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Authority

• OFPP Memorandum, dated Nov 26, 2007, The Federal
  Acquisition Certification for Contracting Officer
  Technical Representatives, establishes
• A structured training program
• All COTRs must be certified and must maintain
  their currency
• The Chief Acquisition Officer of each agency is
  responsible for the certification program
  policies and programs.

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A COTR 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 contract.
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Who can be a COTR?
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COTR Eligibility

• Must be a Federal employee
• Must have necessary technical expertise
• Must meet training and certification requirements
• Must satisfy agency ethics training requirements

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• On-Line, Free, Self-Paced, Continuous Learning
  Modules http//clc.dau.mil/ or www.fai.gov
• CLC 106 COR with a Mission Focus
• CLC 013 Performance Based Services Acquisition
• CLM 013 Work Breakdown Structure
• CLE 003 Technical Reviews
• CLC 004 Market Research
• CLM 012 Scheduling
• CLC 007 Contract Source Selection
• CLB 018 Earned Value and Financial Mgt Reports

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What are the COTR Certification Requirements?
FAC-COTR Program OFPP November 2007 Memorandum
The Federal Acquisition Certification for
Contracting Officer Technical Representatives
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I understand your position, but in case your
friend ask may I count on your support?
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Now that we are certified, I cant wait for my
first appointment.
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How is the COTR Appointed?
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The source of the COTRs authority is defined in
the Letter of Appointment from the Contracting
Officer or in specific provisions of the contract.

• COTRs are appointed
• When technical guidance is needed for a contract
• When testing approval is required
• When continuous surveillance of the contractor's
  work is required
• To perform inspection functions

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When Does the COTR Appointment End?

• Contract is successfully brought to closure
• COTR leaves agency due to retirement or transfer
• CO revokes delegation in writing

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COTR Duties and Responsibilities
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COR Duties .Number 1 is you should

• Read
• The
• Contract!

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COTR Duties

• Know the contract
• Work with your contractors
• Provide technical direction and guidance
• Liaison on technical matters between the KO and
  the contractor
• Support the mission and recommend changes to the
  KO
• Monitor and evaluate performance
• Ensure satisfactory, timely, delivery within the
  financial constraints of the contract

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Limits of COTR Authority
COTRs are prohibited from Committing to a change
in price, performance, quality, quantity, or
delivery Providing guidance that changes scope or
terms of contract Directing Contractors how they
will perform work Disclosing source selection
information
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What are the Attributes of a Successful COTR?

• Communication skills
• Organizational skills

• Technical expertise skills
• Familiarity with procurement

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COTR Business Competencies

• Attention to Detail
• Decision-Making
• Flexibility
• Planning and Evaluating
• Problem Solving
• Project Management
• Reasoning
• Self-Management / Initiative

• Influencing / Negotiating
• Integrity / Honesty
• Interpersonal Skills
• Oral Communication
• Teamwork
• Writing

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The Team
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• 1. Which office determines the agencys need for
  a solicitation?
• Office of the Contracting Officer
• The Program Office
• Office of the Chief Financial Officer
• The Acquisition Workforce Office

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• 1. Which office determines the agencys need for
  a solicitation?
• Office of the Contracting Officer
• The Program Office
• Office of the Chief Financial Officer
• The Acquisition Workforce Office

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The Program Office determines the agencys need
for a solicitation.

• The Program Office
• Is responsible for decisions on
• What to buy
• When to buy
• Program personnel use the contracting process to
• Accomplish their programs
• Support the Contracting Officer

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The Program Manager forms a team consisting of
all those who will be responsible for significant
aspects of the acquisition.

• The acquisition planning team
• Ensures the Government needs are met
• Effectively
• Economically
• Timely manner
• Promotes and prescribes use of
• Commercial items
• Non-developmental items
• Full and open competition
• Identifies strategy and Statement of Need

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The Contract Specialist and COTR are key team
members.
Procurement Roles
Responsibility Contracting Officer
Obligates the Government Program Office
Prepares acquisition plan
and evaluation factors Contract
Specialist Perform
procurement duties and COTR
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COTR acts as a Liaison

• COTR communicates orally and in writing with
• Contracting Officer
• Program Manager
• Contractor
• Government personnel
• End-users

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Putting the Pieces Together
Planning
Evaluation
Administration
Closeout
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COTR Involvement in Acquisition Process
COTR may participate in ALL phases
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Acquisition Planning and Proposal Solicitation

• COTR offers support in
• Defining technical requirements
• Developing acquisition plan
• Conducting market research
• Developing Independent Government Cost Estimate
  (IGCE)
• Developing source selection factors

• Developing Quality Assurance Surveillance Plan
  (QASP)
• Considering government property issues
• Selecting appropriate contract type
• Responding to solicitation questions
• Providing suggested sources

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• COTR during the planning phase provide
• Provides the IGCE
• Provides the sources on GSA Schedules for the
  Procurement Request package
• Use the Central Contractor Registration system
  for verifying and obtaining vendor information
• Prepare and submit a JOFOC for sole source or
  brand name requests
• Perform market research
• Perform pre-award debriefings

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• COTR during the pre-award phase provide
• Provide the IGCE
• Provide the sources on GSA Schedules for the
  Procurement Request package
• Use the Central Contractor Registration system
  as the primary source for verifying and obtaining
  vendor information
• Prepare and submit a JOFOC for sole source or
  brand name requests
• Perform market research
• Perform pre-award debriefings

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• 2. Acquisition plans must be completed and
  approved before which of the following occur?
• Release or issue the solicitation
• Notifying the Contracting Officer
• Transfer of funds within or outside the Agency
• Begin the Independent Government Cost Estimate

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• 2. Acquisition plans must be completed and
  approved before which of the following occur?
• Release or issuance of a solicitation
• Notifying the Contracting Officer
• Transfer of funds within or outside the Agency
• Beginning the Independent Government Cost
  Estimate

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• The acquisition plans must be completed and
  approved before
• Release or issuance of a solicitation
• Transfer of funds within or outside the Agency

• The acquisition plan must
• Include all proposed contractual actions
• Document the annual budget
• Demonstrate how each contractual action will
  meet objectives

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Acquisition Plan Elements
1. Acquisition Background and Objectives 2. Plan of Action
Statements of need (what it is) Applicable conditions Cost Capability or performance characteristics Delivery or performance-period requirements Sources Competition Source selection procedures Contracting considerations Budgeting and funding Product descriptions Priorities, allocations, and allotments
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Conduct Market Research
Conduct Market Research
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Conduct Market Research

• COTRs are responsible for
• Ongoing market research for changes in
• Market conditions
• Technology
• Socioeconomic opportunities
• Technical information on product availability
  and industry capability, including
• Competitive market forces
• Alternative sources

COMPETITION IS KING! FIND OUT WHATS OUT THERE!
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Proposal Evaluation and Post Award Orientation

• During proposal evaluation, COTRs
• Apply non-price factors in evaluating proposals
• Provide technical support in negotiations
• Document evaluation results and reasoning
• After contract has been awarded, COTRs
• Participate in post-award orientation meetings
• Provide support in protests

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Determine Sourcing Strategy
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Conduct Source Selection Process

• Select team, tailored for the particular
  acquisition to ensure a comprehensive evaluation
  of offers
• Select the source or sources
• Approve the source selection strategy
• Ensure consistency among the
• Solicitation requirements
• Proposal preparation instructions
• Evaluation factors and sub-factors
• Solicitation provisions or contract clauses

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Request for Debrief

• Debriefing information shall include
• Evaluation of the weaknesses/ deficiencies
• Successful offerors overall evaluated cost or
  price and technical rating
• Overall ranking of all offerors Summary of
  rationale for award
• Make/model of commercial item to be delivered
• Reasonable responses to relevant questions

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Post-award Conference
COTR prepares and submits management plan to
Contracting Officer
Contracting Officer and COTR meet with contractor
at the Post-Award Orientation Conference before
work begins to ensure mutual understanding
Contracting Officer calls together the Government
acquisition team to discuss its own issues and
plan a coordinated and cohesive presentation
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Contract Administration

• In administering a contract, COTRs
• Serve as liaison on technical matters between CO
  and Contractor
• Submit tasks to request work under contract
• Monitor and evaluate Contractor performance
• Ensure satisfactory and timely delivery
• Recommend contract changes to CO
• Document and communicate Contractor performance
  to CO

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Contract Management Plan

• The contract management plan ensures
• Proper monitoring of the contract
• Timely
• Processing of required documents
• Notice of contractor employee status
• Advice and recommendations

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Contract Management File

• Contract management file
• should include
• Authorities in appointment
• letter
• Schedule obligations of
• contractor and Government
• Waiver conditions
• Modifications

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Conduct performance assessments and evaluations
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Manage Performance

• Conduct a post-award kick-off meeting
• Ensure all parties including the Program Manager
  understands contract administration roles and
  responsibilities
• Conduct performance assessments and performance
  evaluations
• Manage the contract to obtain results!

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Final Acceptance
The COTR must ensure that the work performed
under the contract is measured against the
Statement of Work.

• If performance does not meet contract
  requirements, it is incumbent upon the COTR to
• Identify deficiencies
• Advise the Contracting Officer immediately so
  that remedial action can be taken before final
  payment and contract closeout occurs

Final acceptance of the services or products by
the agency concludes performance by the
contractor, except for administrative details
relating to contract closeout.
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Performance Evaluations
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COTR Termination Notice

• COTR termination notice
• Executed by the Contracting Officer
• Documented in writing
• Specifies
• Relevant contract
• Effective date of termination
• Provided to
• COTR
• Contractor

Termination of COTR Duties and Responsibilities E
ffective Date _____ _______________ Contracting
Officer
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Contract Administration Program
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Contract Closeout

• To close out a contract, COTRs
• Review proposed settlements
• Account for government property
• Monitor cleanup of construction site
• Review contract management file for completeness
• Conduct performance evaluation
• Ensure verification, inspection, and acceptance
  Ensure appropriate funding

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Final Payment

• When can final payment be made to a contractor?
• When the Contracting Office accepts the goods or
  services
• When all issues concerning Government property
  are resolved
• When all inventions conceived under the contract
  are registered
• When the QASP is delivered
• When all technical and progress reports are
  submitted
• When final technical acceptance is received
• When all financial information is submitted

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Final Payment

• When can final payment be made to a contractor?
• When the Contracting Officer accepts the goods or
  services
• When all issues concerning Government property
  are resolved
• When all inventions conceived under the contract
  are registered
• When the QASP is delivered
• When all technical and progress reports are
  submitted
• When final technical acceptance is received
• When all financial information is submitted

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Final Audits

• A contract is considered closed when
• Required products or services have been
  delivered, inspected, and accepted
• Administrative tasks have been finalized
• Existing options periods have expired
• OR
• Notice has been issued to the contractor that
  the contract termination has been completed

OR
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Ethics
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Ethical Dilemmas

• The position of COR places special trust and
  responsibility upon you
• A few examples where your ethical behavior will
  be tested include
• Offer of gifts or gratuities
• Attempt to exert undue influence

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Ethics

• Avoid even the appearance of anything less than
  complete integrity, objectivity, and impartiality

Legislation and policy cant force ethical
behavior
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COTR Ethics

• Being in position of special trust and
  responsibility, COTRs must
• Treat Contractor impartially
• Avoid conflicts of interest
• Ensure fair acquisition processes are in place
• Resist and report bribes and gratuities
• Avoid the appearance of unethical activities

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Report suspicions of fraud
I dont think this milestone is even possible in
this timeframe with the two rounds of product
testing called for in the product spec.

• Typical indicators of fraud (i.e., grounds for
  reasonable suspicion) include
• False invoices
• Cost mischarging on cost reimbursement contracts
• Falsification of records and test results
• Product substitution
• False or misleading technical progress reports

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To avoid conflicts of interest, a COTR must NOT

• Accept gifts
• Engage in contracts in which there is a
  financial
• interest or potential for personal gain
• Use their position to obtain private gain for
  self,
• family or friends
• Share workspace with or closeness to contractors
• Direct contractor performance
• Commit acts of deceit, trickery, concealment, or
• breach of confidence.

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(No Transcript)
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DAU and FAI Resources
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• Federal Acquisition Institute Website

www.fai.gov
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• Acquisition Community Connection

https//acc.dau.mil/CommunityBrowser.aspx?id1
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• Acquisition Career Management Information System

www.fai.gov/acm/acmis.asp
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EXIT TICKET

• What was or was not beneficial about this
  training content?
• Was the Facilitator effective?
• How can this training be improved?

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• Contact Us
• Federal Acquisition Institute9820 Belvoir
  RoadFort Belvoir, VA 22060-5565Building 205,
  first floor, west wing
• For General InquiriesCall [phone]Fax
  [phone]
• Please visit us at www.FAI.gov
• Otis Langford/otis.langford_at_fai.gov

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Thank you Otis Langford
FAR Part 16.602