U.S. Department of Transportation
Federal Highway Administration
1200 New Jersey Avenue, SE
Washington, DC 20590
FHWA Order 4410.1
|Appointment and Training Policy for an FHWA Cotnracting Officer's Technical Representative|
|Classification Code||Date||Office of Primary Interest|
|4410.2||December 22, 1999|
George S. Moore, Jr.
Director of Administration
The COTR refresher training requirements shall consist of instruction on new procurement regulations, changes to agency regulations, or new procurement practices. This requirement can be fulfilled through classroom study, conferences, seminars, or any other type of instruction designated by the Director, Office of Acquisition Management. COTRs are required to attend a minimum of four (4) hours (or equivalent) of refresher training annually.
Subj: Appointment as a Contracting Officer's Technical Representative
From: (Insert name of contracting officer)
To: (Insert name of prospective COTR)
In accordance with Transportation Acquisition Regulation (TAR) 1252.242-73, you are hereby appointed as the Contracting Officer's Technical Representative (COTR) under Contract No. (Insert number) with the (Insert the name(s) of the contractor(s)) for (Describe the supplies, services, or construction being purchased). As the COTR, your primary duty is to monitor the contractor's performance to ensure that all of the technical requirements under the contract are met by the delivery date or within the period of performance, and at the price or within the estimated cost stipulated in the contract. An outline of your duties and limitations, as applicable to the contract you will be monitoring, are attached as a general guide. Your particular attention is required to the provisions under Federal Acquisition Regulation (FAR) Part 3 and TAR 1203, relating to standards of conduct and conflict of interest, and the non-disclosure of procurement related information.
In the performance of the duties delegated to you in this letter, you are cautioned that you could be held personally liable for actions taken or directions given by you to the contractor that are beyond the authorities given to you in this letter. The duties or authorities in this letter are not delegable; therefore, you must advise the Contracting Officer, (Insert name of Contracting Officer) or the Contract Administrator/Specialist (Insert name of Contract Administrator/Specialist) immediately when you are unable to perform these duties.
In accordance with FHWA Order 4410.2, dated December 22, 1999, employees are required to fulfill certain training requirements before serving as a COTR on any FHWA contract. These training requirements include 24 hours of general COTR training, and four (4) hours of annual refresher training. In accordance with the FHWA Order, the Director, Office of Acquisition Management has identified the following training opportunities as fulfilling these training requirements:
General Training: XXXXXX
Refresher Training (FY 00): XXXXX
Other training that you believe fulfills the training requirements, or exemption from the training requirements, must be approved by the Director, Office of Acquisition Management.
Please acknowledge receipt and acceptance of this appointment by signing and returning the attached COTR Acknowledgment and Certification sheet to the contracting officer or contract administrator/specialist. Your appointment as the COTR under the above numbered contract is terminated upon receipt of a written notice of termination from the appointing contracting officer, the contracting officer's successor, or a higher level of authority. Please direct any questions you may have on this delegation to the contracting officer or contract administrator/specialist.
I understand and accept my assignment as the Contracting Officer's Technical Representative (COTR) under Contract No. (Insert contract number) as outlined in your letter to me dated (insert date of contracting officer's letter). I also certify that I meet the training requirements for appointment as an FHWA COTR, including the prescribed general and annual refresher training, and am otherwise eligible for appointment as COTR on this contract, in accordance with TAM 1242.70.
Name of COTR
COTR Title and Routing Code
I understand and accept my assignment as the Contracting Officer's Technical Representative (COTR) under Contract No. (Insert contract number) as outlined in your letter to me dated (insert date of contracting officer's letter). I certify that I am aware of the training requirement for appointment as an FHWA COTR, including the prescribed general and annual refresher training, and will complete the required training within 90 days of the date of this certification, in accordance with TAM 1242.70, and will provide evidence of such to the contracting officer upon completion.
Name of COTR
COTR Title and Routing Code
Ensure that the contractor complies with all of the requirements of the statement of work, specifications, or performance work statement, and when requested by the contractor, provide technical direction to the contractor's technical manager. This technical assistance must be within the scope of the contract (e.g., interpreting specifications, statement of work, performance work statement, etc.). When a difference of opinion between you and the contractor occurs, notify the contracting officer or the contract administrator/specialist immediately for resolution.
Ensure that the personnel being used by the contractor are of the same caliber that was originally proposed by the contractor to the Government. The experienced personnel contracted for and/or approved by the Government should not be diluted by the use of personnel with less experience. However, you may not permit changes, substitutions, or additions to personnel. Any decrease in or lack of performance shall be brought to the attention of the contracting officer or contract administrator/specialist.
You will also be required to complete the attached "Evaluation of Contractor's Performance Sheet" within 30 days after the contractor has met all terms and conditions of the contract.
Note: This form shall not be used for construction and architect-engineer contracts (see (FAR) 48 CFR 36.604).
Review and evaluate the contractor's progress in relation to the expenditures. When the costs expended by the contractor are not commensurate with the contractor's progress, bring this to the attention of the contracting officer or contract administrator/specialist for immediate action.
Review the contractor's invoices/vouchers for reasonableness and applicability to the contract and recommend to the contracting officer either approval, conditional approval, or disapproval for payment. The review must be completed within five days after receipt of the invoice or voucher. If you cannot meet the required review time, advise the contracting officer or contract administrator/specialist so that action can be taken to ensure Government compliance with the Prompt Payment Act, thereby avoiding the payment of interest penalties to the contractor.
CHANGES TO THE CONTRACT.
You cannot authorize the contractor to stop work, and you are not authorized to delete, change, waive, or negotiate any of the technical requirements or other terms and conditions of the contract. Should a change (monetary or otherwise) to the contract become necessary, it must be made by a contract modification issued by the contracting officer. When in doubt, contact the contracting officer or contract administrator/specialist.
Any contract change requested by the contractor must be put in writing by the contractor to the contracting officer for action; however, you should immediately advise the contracting officer or contract administrator/specialist of the proposed change since it may affect the contract price, cost, or delivery/performance schedule. When the proposed change is received by the contracting officer, you will be required to provide the contracting officer with a written analysis and rationale for the change and to evaluate any costs associated with the change.
You must also recognize and report to the contracting officer any Government-required changes to the contract (e.g., items or work no longer required, changes in the specifications, etc.).
VISITS AND MEETINGS WITH THE CONTRACTOR.
Make arrangements with the contractor for periodic visits to the contractor's plant or place of business to: (1) evaluate the contractor's performance; (2) evaluate changes in the technical performance affecting personnel, the schedule, deliverables, and price or costs; (3) inspect and monitor the use of Government property, if applicable; and (4) ensure that contractor employees being charged to the contract are actually performing the work under the contract. A trip report fully documenting all activities during the visit must be written and a copy provided to the contracting officer within three working days after the visit.
Document the file to record each meeting and telephone conversation with the contractor. A daily log book is recommended that should reflect the date, time, name, and title of individual(s) involved, the subject matter, and the details of the meeting or conversation.
INSPECTION OF CONTRACT ITEMS.
When notified by the contractor or the contracting officer, perform, in accordance with the terms of the contract, inspection, acceptance or rejection of the supplies, services, or construction. Immediately notify the contracting officer of all rejections and the reason for the action.
Review progress reports from the contractor and advise the contracting officer of any contractor problems or action required to be taken by the Government.
STANDARDS OF CONDUCT AND CONFLICT OF INTEREST.
The attached (FAR) 48 CFR Part 3 and (TAR) 48 CFR Part 1203/TAM Chapter 1203, Improper Business Practices and Personal Conflict of Interest, provides guidance to avoid improper business practices and personal conflicts of interest and to deal with their apparent or actual occurrences. Please read these documents very carefully and contact the contracting officer should you require further information or clarification on this subject matter.
CONTRACT FILE CONTENT AND MAINTENANCE.
Establish and maintain an organized contract administration file to record all contractor and Government actions pertaining to the contract. The COTR's file is of particular importance, for the documentation of your interaction with the contractor may be used in the event of litigation. In addition, an organized file facilitates an easy transition from one COTR to another if reassignment becomes necessary. The file(s) should be organized as follows:
(1) File 1 - The contract instrument (i.e., contract modifications, task orders, delivery orders, and the contractor's proposals applicable to these documents).
(2) File 2 - The COTR's delegation letter, and all correspondence between the contractor and the contracting officer, filed in chronological order.
(3) File 3 - A copy of the contractor's invoices/vouchers and any correspondence pertaining to the payments.
(4) File 4 - The COTR's trip reports and written memoranda to the file on telephone conversations or other meetings with the contractor.
(5) File 5 - A copy of the contractor's progress reports and other contract deliverables, and all correspondence pertaining to these documents.
The size of the contract may not warrant a separate folder for each file. If less than five folders are used, the sections must be tabbed to segregate each file.
Within 30 days after the contractor has met all terms and conditions of the contract, you must evaluate the contractor's performance (see the Electronic Acquisition Reference Library) using the attached evaluation form, which must be returned to the contract administrator.