Jump to content

COR Certification Expiration: Any Real Impacts?


2FARGone

Recommended Posts

OFPP’s 2011 memo is the guiding policy document when it comes to FAC-COR requirement(s)(https://www.fai.gov/sites/default/files/pdfss/FAC-COR_20Sep2011.pdf).

If a COR’s FAC-COR certification expires while serving as an appointed COR on a contract, does anyone know if there are any real ramifications (like an audit finding, etc.)? If so, what are they and what guidance/policy states them?

The FAR is silent and the 2011 OFPP guidance only states that the CO “may revoke” the COR’s appointment on a contract if his/her certification expires. This is all I could find policy-wise, and this is just a discretionary action.

Thank you!

Link to comment
Share on other sites

17 hours ago, 2FARGone said:

If a COR’s FAC-COR certification expires while serving as an appointed COR on a contract, does anyone know if there are any real ramifications (like an audit finding, etc.)?

I would refer to your agency policy as it may be a reason for an adverse process review especially if your agency policy has imperative statements regarding having a certified COR assigned to a contract.

Additionally I have experienced matters related to acting within scope related to certification which in part relate to a personnel matter.

Link to comment
Share on other sites

Hi, C. Culham. 

Thank you for your perspective.

My agency policy does state that an individual needs to be certified (unless if a waiver is approved and a plan is in place to eventually be certified) to be appointable as a COR. However, it is silent on any true adverse actions, consequences, etc. if a COR’s certification expires while actively serving as an appointed COR. And the OFPP guidance is silent as well.

Link to comment
Share on other sites

@2FARGone I don’t ever remember seeing anything anywhere about a COR being required to maintain an active certification through the contract life and repercussions if they don’t.  I’m aware of a couple instances where a COR couldn’t take the continuous training courses and the CO just replaced them.  There’s usually nothing that benefits a COR personally about having a FAC-COR certification so many don’t care.

Edit:  There are two issues here.  The first is whether a COR must maintain their certification for a contract and it’s full duration.  As I said, I’ve never seen that as written policy.  The other has to do with initial COR appointment for a contract.  That’s where the OFPP document requires continuous training requirements for a certification. So a COR gets FAC-COR certification.  To keep that current, they must receive additional training periodically.

Link to comment
Share on other sites

16 hours ago, formerfed said:

The first is whether a COR must maintain their certification for a contract and it’s full duration.  As I said, I’ve never seen that as written policy.

 

17 hours ago, 2FARGone said:

However, it is silent on any true adverse actions, consequences, etc. if a COR’s certification expires while actively serving as an appointed COR.

"All COTRs appointed to a contract after the effective date of this policy must be certified no later than six months from their date of appointment and must maintain their skills currency through continuous learning."  Reference - https://www.fai.gov/sites/default/files/pdfss/11-26-COTR-Memo.pdf   

The memo referenced by the OP was the second in a series of OFPP memos.  Above is the first and this statement (quoted) was not revised by the second other than it redefined COTR as COR.  By my read of both memos  the OFPP position required a then COTR and now COR be certified and maintain that certification as long as they are appointed as COR unless waived.   

As to policy some agencies do have it written and it would seem the adverse action is removal from the contract.  Example https://ibc.doi.gov/acquisition/cor-certification

  • "IBC may elect to terminate a COR appointment if, during the performance period of a contract, the COR’s certification expires.
  • IBC will terminate an appointment if the COR’s performance does not adequately protect the government’s best interests.
  • The IBC contracting officer has the authority to revoke the COR appointment at any time."

Here is another policy (regulation) statement - https://www.acquisition.gov/gsam/501.604

And while DoD is excluded from the memo their policy seems to be the same - "(4) The COR certification remains in effect until either the contract period of performance ends or the COR is terminated by the contracting officer."  REF: 5000.72 found here https://www.dau.edu/cop/cor/Pages/Topics/Policy and Guidance.aspx

@2FARGone As I noted before I have experienced instances of adverse action beyond seeing a COR removed from a contract when certification is not maintained.  Such as an exception with regard to an internal process review.   Both removal and exception with regard to IPR back in the day were viewed "adverse" as some folks use to value COR certificaiton.  Likewise without certification I experienced instances of acting outside the scope of authority - example COR with certification designated to contract,  COR no longer certified per agency requirements for certification, no waiver sought, CO leaves COR  on contract, agency policy said they should have been removed, did COR retain authorities stated in their designation like having authority to inspect the work?   

All said and noting your comments about your agency not having a policy two thoughts.  If you are the CO that appointed the COR your judgement counts.  As to agency policy, and while it would seem you have done research, I would simply ask are you sure?  Who in your agency has confirmed your view?   The HCA?  I just pose this not to question your research but by my experience of having been intimately involved in COR stuff back in the day I am honestly surprised your agency would not have policy like those I have provided as reference.

Then again as it goes the policy of OFPP and that with regard to COR certification is fleeting in this new world of acquisition management in the Federal sector.

Link to comment
Share on other sites

Here is the original inquiry:

On 11/18/2022 at 2:41 PM, 2FARGone said:

If a COR’s FAC-COR certification expires while serving as an appointed COR on a contract, does anyone know if there are any real ramifications (like an audit finding, etc.)? If so, what are they and what guidance/policy states them?

I don't know of any such "ramifications," contractual or otherwise. As the OP pointed out, all the relevant memo said was:

Quote

A FAC-COR will expire if the continuous learning requirements are not met and in this case, the CO may revoke the COR appointment in writing on a case-by-case basis and assign another COR to the contract. A COR who has failed to meet the continuous learning requirements and has had his or her COR appointment revoked must complete the necessary training to be reinstated. The COR, COR's supervisor, and contractor will be notified in writing in a timely manner of any changes to the COR appointment.

Other than the possibility of revocation of an appointment and replacement, any other consequences are a matter of agency or local policy and decision.

I suspect that many if not most contracting offices do not strictly comply with OMB's memo or any of the others. Or care about them. In any case, the training provided is pathetic.

 🙄

Link to comment
Share on other sites

On 11/20/2022 at 8:46 AM, C Culham said:

The COR world after the original OFPP memorandums has been created by apathetic attitudes. 

Maybe the problem is that COR is not an official government job series. It is an "other duty as assigned." CORs are not compensated as such. They have other jobs. And to be a COR means reporting to a "supervisor"𑁋a contracting officer𑁋who is outside of their own functional organization. Let's face it: no one outside of procurement loves the procurement function. It's like the personnel function in that regard. It's someone who gets in your way when you want something and makes you do a lot of paperwork.

The government has not reorganized itself in recognition of the fact that many government employees no longer do the government's work. Contractors do it. The government personnel supervise the contractors. There won't be true "professionalism" among CORs until COR is made a civil service job series and military occupational specialty, and that is not going to happen.

Link to comment
Share on other sites

  • 1 month later...
On 11/20/2022 at 10:41 AM, Vern Edwards said:

 In any case, the training provided is pathetic.

Oh that's nothing.

A CO in our office accidentally obtained a COR FAC-C Level III.  I was the first one to notice her name in the agency's certified COR database, i.e., she wasn't aware until I told her. 

Turns out that when she was setting up her certification request on FAITAS she accidentally selected "FAC-COR", noticed the error, de-selected it, selected "FAC-C", and continued on.  When she contacted our training coordinator after I saw her name in the COR database, the response was "yeah; so what's the problem?"  Result is that she is now a proud FAC-COR/FAC-C Level III even though she never intended to obtain the COR cert nor has any plans to use it.

This, ladies and gentlemen, is why we can't have nice things.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
×
×
  • Create New...