NASA Johnson Space Center Contracting Officer and Contracting Officer’s Technical Representative

COTR_JSC_WSTF_04/20061 Privity of Contract NASAPrime ContractorSubcontractor Direct Relationship Contractor’s Staff No Contractual or Direct Relationship Direct Relationship CO and COTR

COTR_JSC_WSTF_04/20062 Contracting Officer Warranted (FAR ) 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_04/20063 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_04/20064 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)

COTR_JSC_WSTF_04/20065 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_04/20066 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_04/20067 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_04/20068 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_04/20069 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/ 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/ 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/ 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/ 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/ 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/ 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