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
Contracting Officer Technical
Representative:
What you need to know to be successful
Otis W. Langford, Jr.
Learning & Training Manager
Federal Acquisition Institute
GSA Training
Conference
and Expo 2010
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
Complicated
Environment
4
The Federal Workforce is:
Procurement Workforce 2008
Total:
91,000
Ave grade:
GS 11
Ave Age:
48
Gender:
53% female
47% male
Organization:
54% DoD
46% Civilian
Ave Salary Range:
$43-79K
College Grads: 59%
Where Are the Buyers?
Contract Specialists Purchasing Specialists General Business
DC Metro 21%
DC Metro 12%
and Industry
Philadelphia Metro 5%
Huntsville AL 3%
New York Metro 3%
Norfolk Metro 3%
Dayton, OH 2%
Other 63%
(including Albuquerque,
Atlanta, Boston,
Chicago, Denver)
Norfolk Metro3%
San Diego Metro 2%
Baltimore Metro 2%
Philadelphia Metro 2%
Other 79%
(including Phoenix,
Portland, San Francisco, St.
Louis)
DC Metro 17%
Norfolk Metro3%
St. Louis3%
New York Metro 2%
Dallas Metro 2%
Other 73%
(Including: Atlanta,
Boston, Los Angeles,
Nashville)
The Workforce is more complex,
multiple generations, and more diverse
• Traditionalists (born <1946)
• Boomers (born 1946-64)
• Gen Xers (1965-81)
• Millennials (>1982)
The Procurement System
Statutes
Congress
Department of
Defense
Initiatives
Office of Federal
Procurement Policy
Federal Acquisition Regulation
National Aeronautics
&Space Administration
Department
Of Commerce
General Services
Administration
President
Small Business
Administration
Department of
Labor
“But I have
only served
as the COTR
for less than a
year”
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.
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.
COTR Eligibility:
 Must be a Federal employee
 Must have necessary technical
expertise
 Must meet training and certification
requirements
 Must satisfy agency ethics training
requirements
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
What are the COTR Certification
Requirements?
FAC-COTR Program
OFPP November 2007 Memorandum –
“The Federal Acquisition Certification for
Contracting Officer Technical Representatives”
Initial Training –
40 hours
Continuous Leaning –
40 CLPs every 2 years
I understand
your position,
but in case your
friend ask may I
count on your
support?”
Now that we are
certified, I can’t wait
for my first
appointment.
How is the COTR Appointed?
Program Office:
• Nominates
technical expert
CO:
Nominee:
• Verify eligibility
• Accepts and signs
• Appoints in writing appointment letter
The source of the COTR’s 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
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
COR Duties:
….Number 1 is you should:
Read
The
Contract!
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
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
What are the Attributes of a
Successful COTR?
Communication skills
Organizational skills
Technical expertise skills
Familiarity with procurement
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
1. Which office determines the agency’s
need for a solicitation?
 Office of the Contracting Officer
 The Program Office
 Office of the Chief Financial Officer
 The Acquisition Workforce Office
1. Which office determines the agency’s
need for a solicitation?
Office of the Contracting Officer
The Program Office
Office of the Chief Financial Officer
The Acquisition Workforce Office
The Program Office determines
the agency’s need for a
solicitation.
The Program Office:
 Is responsible for decisions
on:
oWhat to buy
oWhen to buy
Program personnel use the
contracting process to:
Accomplish their programs
Support the Contracting
Officer
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:
oEffectively
oEconomically
oTimely manner
 Promotes and prescribes use of:
o Commercial items
oNon-developmental items
oFull and open competition
Identifies strategy and Statement of Need
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
and COTR
Perform procurement duties
COTR acts as a Liaison
COTR communicates orally and in
writing with:
Contracting Officer
Program Manager
Contractor
Government personnel
End-users
Putting the Pieces Together
Planning
Evaluation
Administration
Closeout
COTR Involvement in Acquisition
Process
COTR may
participate
in ALL
phases
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
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
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
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
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
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
Acquisition Plan Elements
1. Acquisition Background and
Objectives
 Statements of need (what it
is)
 Applicable conditions
 Cost
 Capability or performance
characteristics
 Delivery or performanceperiod requirements
2. Plan of Action
 Sources
 Competition
 Source selection procedures
 Contracting considerations
 Budgeting and funding
 Product descriptions
 Priorities, allocations, and
allotments
Conduct Market Research
Conduct Market Research
COTRs are responsible for:
 Ongoing market research for changes in:
o Market conditions
o Technology
o Socioeconomic opportunities
 Technical information on product availability and
industry capability, including:
o Competitive market forces
o Alternative sources
COMPETITION IS KING! FIND OUT WHATS OUT THERE!
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
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:
o Solicitation requirements
o Proposal preparation instructions
o Evaluation factors and sub-factors
o Solicitation provisions or contract clauses
Request for Debrief
Debriefing information shall include:
 Evaluation of the weaknesses/ deficiencies
 Successful offeror’s 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
COTR prepares and
submits management plan
to Contracting Officer
Contracting Officer calls
together the Government
acquisition team to discuss
its own issues and plan a
coordinated and cohesive
presentation
Post-award
Conference
Contracting Officer and
COTR meet with
contractor at the PostAward Orientation
Conference before work
begins to ensure mutual
understanding
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
Contract
Management Plan
The contract management plan ensures:
 Proper monitoring of the contract
 Timely:
o Processing of required documents
o Notice of contractor employee status
o Advice and recommendations
Contract Management File
Contract management file
should include:
 Authorities in appointment
letter
 Schedule obligations of
contractor and Government
 Waiver conditions
Modifications
Conduct performance assessments and
evaluations
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!
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.
Performance Evaluations
COTR Termination Notice
COTR termination notice:
 Executed by the Contracting
Officer
 Documented in writing
 Specifies:
o Relevant contract
o Effective date of termination
 Provided to:
o COTR
o Contractor
Termination of
COTR Duties and
Responsibilities
Effective Date: _____
_______________
Contracting Officer
Contract Administration Program
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
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
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
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
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
Ethics
Avoid even the appearance of anything less
than complete integrity, objectivity, and
impartiality
Legislation and policy can’t force ethical behavior
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
Report suspicions of fraud
I don’t 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
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.
Federal Acquisition Institute Website
www.fai.gov
Acquisition Community Connection
https://acc.dau.mil/CommunityBrowser.aspx?id=1
Acquisition Career Management Information System
www.fai.gov/acm/acmis.asp
EXIT TICKET
• What was or was not beneficial
about this training content?
• Was the Facilitator effective?
• How can this training be
improved?
Contact Us:
Federal Acquisition Institute
9820 Belvoir Road
Fort Belvoir, VA 22060-5565
Building 205, first floor, west wing
For General Inquiries:
Call: (703) 805-2300
Fax: (703) 805-2111
Please visit us at www.FAI.gov
Otis Langford/otis.langford@fai.gov
77
Thank you
Otis
Langford
FAR Part 16.602