FAR 2.101, Contractors certifying payments

[txFed]

I have asked before and not really received a definitive answer to my question.

Scenario: I am a project mgr and cotr. I have taken the 40-hr class and have a certificate in COTR duties. Assigned and issued paperwork indicating my cotr duties for projects from $25K - $250K. I do all the duties to ensure the gov gets what it paid for.

We have contractors working alongside as the same. project mgrs and cotr. But the difference is, they dont have training, have different supervisor, pretty much "outside" the preview of the rest of the fed employee. I understand FAR 2.101 to imply that only fed employees are to certify payments to contractors for work using federal funds. It is an inherently protected activity. So where does one go to file a complaint or exercise the authority to stop this?

The contractors as I hear are nation wide and in alot of the offices within a federal agency tasked with expending federal funds, such as DOD, NASA, GSA, etc.

FAR 2.101 provides the following guidance:

?An inherently governmental function involves, among other things, the

interpretation and execution of the laws of the United States so as to

? (v) Exert ultimate control over the acquisition, use, or disposition of the

property, real or personal, tangible or intangible, of the United States, including

the collection, control, or disbursement of Federal Funds.?

[C Culham]

txFed ? First be sure you are correct in your assumption regarding authority of COR?s for your agency. Applicable reference is FAR 1.602-2(d)(1) which does allow agencies to use other than Federal employees as a COR. Your agency FAR supplement or other policy direction should be consulted.

Regarding FAR 2.101 I would propose that you are reading it too broadly. COR?s do not, in my experience, have ultimate control over a payment request. All agencies I worked for still require the CO to review the payment request and approve, COR is simply recommending payment by reviewing/submitting payment request to CO.

As to your specific question there are several routes one could take to voice a complaint or concern. CO, Agency Office of Inspector General, union, supervisor, etc. All have their different ramifications with my suggestion to start with the CO to understand the agency position on the matter before carrying further. Again I would also research fully to make sure your concern is a valid one.

[Guest Vern Edwards]

So where does one go to file a complaint or exercise the authority to stop this?

The contracting officer.

The chief of the contracting office.

The head of the of the contracting activity.

The IG.

The agency hotline.

Your congressman and/or senator.

The Washington Post.

Anybody else you can think of.

All of the above.

Do you now have a "definitive" answer?

[txFed]

txFed ? First be sure you are correct in your assumption regarding authority of COR?s for your agency. Applicable reference is FAR 1.602-2(d)(1) which does allow agencies to use other than Federal employees as a COR. Your agency FAR supplement or other policy direction should be consulted.

Regarding FAR 2.101 I would propose that you are reading it too broadly. COR?s do not, in my experience, have ultimate control over a payment request. All agencies I worked for still require the CO to review the payment request and approve, COR is simply recommending payment by reviewing/submitting payment request to CO.

As to your specific question there are several routes one could take to voice a complaint or concern. CO, Agency Office of Inspector General, union, supervisor, etc. All have their different ramifications with my suggestion to start with the CO to understand the agency position on the matter before carrying further. Again I would also research fully to make sure your concern is a valid one.

Thanks, I understand and appreciate your response. It would seem as though the same contractor employees still have not taken the 40-hr class and being that some other COTR in the office are also saying its inherently government.

Cheers