NASA Johnson Space Center

Contracting Officer and

Contracting Officer’s Technical Representative

COTR_JSC_WSTF_04/2006 2

Privity of Contract

NASA Prime Contractor Subcontractor

Direct Relationship

Contractor’s Staff

No Contractual or Direct Relationship

Direct Relationship

CO and COTR

COTR_JSC_WSTF_04/2006 3

Contracting OfficerWarranted (FAR 1.603-2)

Qualifications: 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 4

Contracting Officer Responsibilities

General responsibilities 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 5

Chain of Authority: Contracting Officer to COTR

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 6

COTR Qualifications and Position

Qualifications: Subject matter expert Mandatory COTR training Refresher training annually Communicator and problem solver

Position: Act as the contractor’s primary liaison

with the Government

COTR_JSC_WSTF_04/2006 7

COTR Responsibilities Overview 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 8

Duties of the COTR

Assist the Contracting Officer Pre-award

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 9

Duties of the COTR, continued

Assist the Contracting Officer Post-Award

Support the Post-Award Orientation Conference

Recommend contract changes as needed. 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 10

Duties of the COTR, continued

Act as the contractor’s primary liaison with the Government

Provide Technical Direction Provide Technical Clarifications of

the SOW Manage Tasking and Technical

Instructions (TIs)

COTR_JSC_WSTF_04/2006 11

Monitor contractor performance 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

Duties of the COTR, continued

COTR_JSC_WSTF_04/2006 12

COTR Critical Objectives Successful COTRs:

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 13

COTR Limitation of Authority

The COTR never has the authority to take any action, directly or indirectly, that could change the following:

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 14

COTR Limitation of Authority, continued

Further, the COTR may not: 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 15

Do’s for the COTR

What the COTR Should Do: 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 16

Don’ts for the COTR

What the COTR Should Not Do: 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