Contract Award and Responsibilities of the Contracting Officers, Research Paper Example

Upon the receipt of the proposal for the Army battlefield communications systems, there are certain aspects of awarding the contract that must be made clear. As a government employee, there are certain procedures and responsibilities that are central to awarding federal contracts that differ from regular business contacts. Without inquiry, contracting is a suitable and compelling approach to achieve a critical offer of the work of the Government. For the fiscal year of 2004 alone, the volume of contract was $328 billion, compared to 1997, it was up 87 percent. The number has continually raised, which shows the essentialness of creating and overseeing Federal contracts in ways that will guarantee the best contract results and the best profit for the dollar of the taxpayer. Presently, the Government has modernized its contracting administers and strategies and enhanced the administration of contracting officers who do the business parts of contracting. Nevertheless, practically no work has been carried out to evaluate orgs’ administration of contracting officer representatives (CORs). These people give the specialized skill important to pass on the specialized prerequisites of the Government, manage the specialized work of the contractor, and guarantee that deliverables meet the specialized necessities of the Government. Indeed the best oversaw contract is not effective on the off chance that its deliverables neglect to meet the specialized prerequisites of the Government.

The duties that the Contracting Officer’s Representative has is to procure a federal contract for the U.S. Army for battlefield communications systems, in which the army must purchase 5,000 electrical generators with an electrical capacity of three kilowatts. Looking through the perspective of federal employee, this paper considers the business process, as well as the federal process involved in awarding federal contracts to contractors. This paper will look at the existing certifications and training requirements for CORs, create the specific requirements for the COR that has to procure the contract, and look at the importance of safeguarding proprietary information to be used in this project.

A federal employee working directly for the government. The fundamentals of procuring a federal contract such as a cooperative agreement or grant, it is a tool that is utilized by the Federal Government to secure funding for development and research projects. Unlike a cooperative agreement or grant, the Federal Contract utilizes contracts as mechanisms for procurement. The purpose primarily is to use the Federal Contract tool to purchase services or property for the use or direct benefit of the Government for the United States. The Federal Contracts are overseen by a rigorous set of conditions and terms, consisting of clauses from the Federal Acquisition Regulation (FAR). Usually these contracts need reporting frequently, and for the sponsor a high level or responsibility. A failure to achieve and perform the results promised, or products on budget and on time could result in civil or criminal actions, and financial consequences to the others involved, administrators, and Universities.

From formation through the administration, contracting with the federal government is a process that is highly regulated with numerous unsuspecting traps. Unlike contracting with commercial clients, which is generally governed by the common law, and the Uniform Commercial Code, contracting with the federal government is governed by a myriad of regulations and statutes. The regulatory and statutory provisions dictate, which process or method must be used by an agency in soliciting a contract. How the agency is to award or negotiate a contract, and under which circumstances, the costs that the Government would pay back, and how will the costs be covered from the contractor. A government contractor in addition must be aware that it will be subject to the dictated policy of the government. A host of socio-economic obligations are imposed by the U.S Government, through its contracts, which includes the requirements that relate to minimum employee wages, subcontracting, drug-free work place, and affirmative action. Congress, although has streamlined the process of contracting in order to decrease the burdens on contractors that reward commercial services and products, consideration must be made by any entity that enters into a federal contract, must carefully tread.

According to the Competition in Contracting Act (CICA), the Federal Property and Administrative Services Act of 1949, and the Armed Services Procurement Act of 1947, in which they all represent the federal acquisition process, and the three story foundation of government contract law. Each law establishes a need two methods basically to obtain an open and full competition, competitive negotiation, and sealed bidding. The aim of these procedures are to offer all bidders a chance to compete equally footed on a contract. The agency must award to the bidder who is responsible in submitting the lowest price or responsive bid in a sealed bidding acquisition. In comparison, negotiations that is competitive, offers a process that is more flexible to allow the agency to award the contracting, evaluate offers, and conduct discussions that use other factors and prices. There are several places in which can provide the federal employee to announce the contacts include the, Congressional Research first Service, General Services Administration (GSA), Minority Business Development Agency (MBDA), Procurement Technical Assistance Program (PTAP). Small Business Administration (SBA), and Non-Governmental Resources. Other avenues including working as a sub-contractor, as well as solicitations through the Broad Agency Announcement (BAA) There are several steps that need to be taken first by the federal employee in order announce the contract first.

The steps that the federal employee must employ includes, following what is outlined in the Federal Register for 48 CRF 45. The one rule that is stated in the 5.303 Announcement of Contract Awards, includes, “contracting officers shall make information available on awards over $4 million (unless another dollar amount is specified in agency acquisition regulations) in sufficient time for the agency concerned to announce it by 5 p.m. Washington, DC, time on the day of award.” (Cornell Law, 2014) Before the specified time, agencies that includes the federal employees cannot release the information to the public. There are those that are excluded from the requirement needed for announcement. These includes those that fall under the Small Business ACT in section 8, in which they are placed with the Small Business Administration. Others include those that are placed with the foreign firms, in which the place of performance or delivery is the outlaying areas, or outside of the United States. Additionally those that are exempt due to the section 5.202(a) (1), in which the synopsis would fall under this category.

Federal employees must also make a local announcement in which, information could also be released from agencies about awarding contracts in excess of the acquisition threshold that is simplified. These includes:sealed bidding awards, the local press and other media can receive a statement on the contract awards from the agencies. Also, includes the number of offers received and solicited, and the selection basis, such as the bidder that was the lowest or thee highest. (Cornell Law, 2014). Also local announcements can be made after awards negotiations, in which follows section 15.503(b) where the information is prescribed. After competitive negotiation, which includes design or price competition, in general terms for the selection basis, and a statement to this effect.

In regards to this scenario, in which the federal employee can make announcements following the steps outlined, but also fall under the Rapid Innovation Fund (RIF) in which they utilized a collaborative method with the small businesses that provide different departments with technologies that are innovative in being rapidly inserted into programs for acquisition, in which meet the defense needs specifically. Falling under the Office of Small Business Programs, (OSBP), the Assistant Secretary of Defense for Research and Engineering (ASD R&E), and the Office of the Secretary of Defense (OSD). Following the process outlined, the federal employee will likely utilize the Broad Agency Announcements (BAA) in which is a utilized procedure for competitive solicitation. Businesses use this tool in which to obtain proposals for applied and basic research, and the development part that is unrelated to the development of a hardware procurement or specific system. (Army, 2014) This would be where, the federal employee would turn to securing contracts to award to business that can serve the Army.

In regards to this scenario, the Contracting Officer’s Representative is tasked with several responsibilities. CORs are employees of the Government which include either civilian or military, and they must have the qualifications necessary such as training, and the commensurate experience for the delegated responsibilities. Overall, the COR are appointed individuals that are qualified by the KO or contracting officer to help in the administration or technical monitoring of a contract. CORs, although, can be employed on several types of contracts, they are used extensively in more construction contracts, supply, and complex services contracts. It is requested that COS be directly involved in the procurement process, in which they must include their qualifications for the procurement package. The COR will assist in the pre-award activities, the quality assurance plan, and the development of the technical requirements. This is a responsibility and assurance that they will be familiar with the contract requirements. There are variances in the responsibilities of the COR, these includes the type of contract, and the acquisition complexity. The COR must treat each contract on the individual basis, due to the nature that the COR’s responsibilities are unique to the specific contract. They have the authority or the responsibility to monitor all factors of the administration day to day of the contract, except when dealing with issues such as money and time.

COR do not have the authority to make any changes or commitments that impact the conditions or terms of the contract, as well, as the delivery, quantity, quality, or price. They cannot do any of the following specifically, which includes to make any contractor agreement, which requires public funds obligations in which they cannot obligate the Government to pay funds, modify a contract, purchase orders, delivery orders, or sign any contract. The COR cannot also encourage the contractor by a failure to act to undertake an extension of existing work, or new work beyond the period of contract. Also cannot encourage the contractor by words or actions in which interfere with the prerogative of the contractor’s management by monitoring the employees of the contractor, or impacting their efforts to work. Approve a contractor to get property for utilization under a contract; permit government property responsible under one contract to be utilized as a part of the execution of an alternate contract; issue directions to the contractor to begin or stop work; request alternately acknowledge merchandise or administrations not explicitly needed by the contract; and talk about procurement plans then again give any development data that may provide for one contractor leverage over an alternate contractor in prospective acquirements.

In regards to the existing scenario, the COR must give specialized translation of the prerequisites. As at one time examined, the COR must have a careful understanding of the prerequisites of the contract. It might gotten to be important to give specialized elucidation to the contractor for some parcel of the work. Any specialized support given to the contractor by the COR ought to be recorded in the contract document. For huge matters, the data ought to be given to the contractor in composing. The COR should advise the KO promptly at whatever point the contractor can’t help contradicting or declines to agree to any specialized parts of the contract as deciphered by the COR. This also includes, performing the surveillance or monitoring of the contract process, as well as the request of excess funds, and obtaining receipts of the services and supplies that are used throughout he contract. The COR must monitor to report any problems of suspected abuse, waste, fraud, or conflict of interest.

In general, COR must be specific ally trained and certified through several processes. These includes. A required standardized training program for COR, and other programs that were developed by the Federal Acquisition Institute, along with other executive agencies. This applies to programs that cover all representative. Other training includes a 40 hour minimum, which consists of training of COTR competencies essentials for 22 hours. Additionally the competencies of the COTR that includes the negotiations, problem solving, market research, decision making, and project management. The 18 hours remaining can be left to take courses that includes the needs of the program office and agency. When COR review their certification they must have two hours in which they earn 40 learning points continually.  COR must also complete the formal COR course that is provided by the Army Logistic Management College or an equivalent, as well as the Federal Acquisition Institute newly developed internet-based COR course. From this training and certification, the KO would be approved in writing, which includes the appointment letter, and the formal appointment for the KO.

Since the COR would be working specifically with the designated contractor that has solicited the contract from either the SBA, BAA, or the FBO, then they have responsibilities, and requirements to award the contract to the contractor that would best fit or provide the best option for the 5,000 electrical generators. When working with contractors, the COR must, ensure to keep a direct communication channel or liaison with the contractor that the Army or Government awards. In dealing with security issues, that impact the defense, a strict monitoring process must be made in order to ensure that no foul play be suspected, or waste of government funds be committed. Additionally make sure there is no cause of delay in filing of the scheduled installation, so they must insure the government does their part for installing the electrical generators on the property. This means that the COR must properly inspect the property, and be sure that it ready for the contractors to come in and do their part.

Safeguarding private or sensitive information is significant to the government. When CORs or others are in charge of safeguarding information, they must prohibit any unlawful entry. Information that is not safeguarded runs the risk of misuse or unauthorized disclosure. The importance, as is in the safety of the sensitive information of trade secrets, employee personal  information, business proprietary, and agency sensitive. These includes trade secrets, profits and loss, or security management information. In this scenario, there are several ways in which information can be safeguarded. This includes, outlining to the contractor what in what they have access to, by supplying them with non-disclosure agreements, and inform them of their responsibility of alerting the government if there is any misuse of disclosure of sensitive information. Contractors must also be aware of the criminal and financial consequences that are associated with the misuse of sensitive information. In supplying a non-disclosure agreement, as well as placing clauses or provisions in the contract that outlines that prohibition of sensitive information it places a safeguard, which protects the government.

Overall, the process of federal government contracts greatly differ from commercial contracts. Where the laws is also different, there is also differences in announcement, solicitation, and the process in which contractors and employees must go through before they can procure and secure a contract.

References

48 CFR 5.303- Announcement of Contract Awards. (2014). Cornell University Law School. Retrieved from http://www.law.cornell.edu/cfr/text/48/5.303

Broad Agency Announcements. (2014). ARL Army. Retrieved from http://www.arl.army.mil/www/default.cfm?page=8

Contracting Officer Representative (COR) Desk guide. (2014). GOV. Retrieved from http://www.acquisition.gov/sevensteps/library/ARMYcor-deskguide.pdf

GAO. (2010). Contractor Integrity. United States Government Accountability Office. Retrieved from http://www.gao.gov/new.items/d10693.pdf

Office of Federal Contract Compliance Programs. (2009). U.S. Department of Labor New Contractors’ Guide. DOL. Retrieved from http://www.dol.gov/ofccp/TAguides/new_contractors_guide.htm

Rapid Innovation Fund (RIF). (2014). Defense Innovation Marketplace. Retrieved from http://www.defenseinnovationmarketplace.mil/RIF.html

Vacketta, Carl L., Piper, DLA. (2014). Federal Government Contract Overview. FindLaw. Retrieved from http://corporate.findlaw.com/law-library/federal-government-contract-overview.html