Designated Tobacco Use Areas ("DTAs")

[soboco]

We are in an OCONUS location where the culture and environment sees cigarette smoking as something of an accepted pass-time! Outside the wire its deemed as OK to smoke in restaurants, public buildings, public transportation, almost anywhere! However, the recent emphasis here being placed on stopping/minimizing tobacco use on military installations is kicking up some dust (primarily from ktr's employees working on the installation). Military folks and DoD civilians pretty much stay in step with the new anti-smoking pressure (they do grouse about it, but they do comply), while quite a few ktr's folks (particularly construction crews and some service staff) are NOT so keen to comply. Some even flaunt the rule by smoking directly in front of huge "No Smoking" signs! (Most do not speak much English, let alone read it; which is excuse #1). Several ktr personnel have been repeatedly 'advised' of the designated smoking areas but continue to smoke in other than DTAs. We have tried speaking to them and have issued several written notices but they continue unabated. What recourse/actions may be available for us to realign these ktrs (and their personnel) with the DTA rules? (Note: Nothing in the contract addresses this specific issue.)

[ji20874]

Are your contractors (or contractor employees) violating your contracts?

[Retreadfed]

More to ji's point, is there something in the contracts that addresses compliance with rules and regulations while on "post?" In my experience, this is a common type of clause that is used when contractors perform on a military base.

[joel hoffman]

What recourse/actions may be available for us to realign these ktrs (and their personnel) with the DTA rules? (Note: Nothing in the contract addresses this specific issue.)

I don't agree that nothing in the contract would address complying with installation rules "inside the wire". There are two contract clauses that are required to be included in construction contracts with consequences for contractor employees for failure to comply with the contract requirements. In addition, the requirement to comply with installation rules should be a condition of the contract. Who would write a contract that didn't require following the rules of an installation?

The KO can directly remove objectionable employees who refuse to comply with the installation rules See Clause 52.236-5 -- Material and Workmanship, as prescribed in FAR 36.505, Specifically, see paragraph ©: "All work under this contract shall be performed in a skillful and workmanlike manner. The Contracting Officer may require, in writing, that the Contractor remove from the work any employee the Contracting Officer deems incompetent, careless, or otherwise objectionable."

The KO can remove the Superintendent if he/she isnt performing satisfactorily. The Superintendent is required to direct the Contractor's operations, including the behavior and compliance of its employees. See clause 52.236-6 -- Superintendence by the Contractor, as prescribed in 36.506. "At all times during performance of this contract and until the work is completed and accepted, the Contractor shall directly superintend the work or assign and have on the worksite a competent superintendent who is satisfactory to the Contracting Officer and has authority to act for the Contractor."

If I were the KO, I would first direct the Superintendent to supervise the contractor's employees.I would also advise the Superintentdent of their responsibility under the contract and the consequences if he/she doesn't stop employees smoking where it is prohibited.Then make the superintendent accountable for the actions of the contractor's employees, if the objectionable behavior continues.

You have the tools in the contract to require compliance with consequences. What would be the grounds for a claim? "The KO made us comply with the contract?"

[Don Mansfield]

Who is responsible for enforcing the no-smoking policy on the base?

[Deaner]

Is it "KTR" or "KBR" employees? I had a problem with KBR employees smoking too close to gas and batteries once. The language barrier was a problem. We found a person, who probably hired the KBR employees, let him know the issue, and it was taken care of.

Even if smoking isn't referenced in your contract, a quick conversation to someone in the company may solve the problem.

[j_dude77]

Is it "KTR" or "KBR" employees? I had a problem with KBR employees smoking too close to gas and batteries once. The language barrier was a problem. We found a person, who probably hired the KBR employees, let him know the issue, and it was taken care of.

Even if smoking isn't referenced in your contract, a quick conversation to someone in the company may solve the problem.

KTR = short for contractor. DoD term.

[Deaner]

KTR = short for contractor. DoD term.

I guess i knew that. Is there any particular reason why DOD uses KO instead of CO? I can only imagine it gets confusing with commanding officer? but I was in the army (not in contracting) and never really heard the term CO to refer to a commanding officer.

[joel hoffman]

* "KO" has been one acronym *for "Contracting Officer" used for at least 34 years in my organization. Whoever started it is long gone. It is apparent to me from checking on-line acronym finders that at least some DOD orgs have differentiated between KO (contracting officer) and CO (commanding Officer). Note that the FAR is a relatively new document. Our "CO's (who were usually 05/06 or higher, Engineer Officers) were the "KO's" on construction contracts for many years before 1102's were assigned as PCO's. I think that it was the Defense Acqisition Workforce Improvement Act (DAWIA) that resulted in transfer of the construction contract KO function to 1102's as the PCO in our organization but I may be wrong. I would imagine that the current term for KO is CO because most of us old fogies are retired or dead.

I could dig through my old pre-1984 Defense Acquisition Regulations (DAR) and various old USACE Standard Operating Procedures on a rainy day to see what they used. However, most DOD writers wrote everything in the passive voice, often neglecting to identify the specific subject of the sentence.

*EDIT: Clarifified that KO is one acronym used.*

[Guest Vern Edwards]

Is there any particular reason why DOD uses KO instead of CO?

Who says DOD uses "KO" instead of "CO"? According to the Defense Acquisition University Glossary of Defense Acquisition Acronyms and Terms (15th ed., 2012), the abbreviation for contracting officer is CO. https://dap.dau.mil/glossary/Pages/Default.aspx

I searched the CFR, and the Federal Register since 1984, and found several instances in which "contracting officer (CO)" appeared, but none in which "contracting officer (KO)" appeared.

I searched the decisions of the Boards of Contract Appeals and found only two decisions in which "KO" was used as an abbreviation for contracting officer. I found 2,327 decisions in which CO was used. I found two Court of Federal Claims decisions in which KO was used, but 596 in which CO was used. I found one GAO decision in which KO was used, but 475 in which CO was used.

KO is unofficial and peculiar.

[joel hoffman]

Vern, did you review any old (pre-1984 or so) Eng Board of Appeals cases? I wonder what they referred to.

[Guest Vern Edwards]

I searched the decisions of the boards, the Federal Circuit and the Court of Federal Claims (including the old Court of Claims and Claims Courts), and the GAO back to their beginnings . I searched the present CFR and the Federal Register from 1984 to the present.

It's likely that KO was used in official documents in some instances, but it does not appear to have been an official abbreviation in modern times. I have spoken with many persons who use KO, likely based on local customs.

[joel hoffman]

I searched the decisions of the boards, the Federal Circuit and the Court of Federal Claims (including the old Court of Claims and Claims Courts), and the GAO back to their beginnings . I searched the present CFR and the Federal Register from 1984 to the present.

It's likely that KO was used in official documents in some instances, but it does not appear to have been an official abbreviation in modern times. I have spoken with many persons who use KO, likely based on local customs.

Vern, I tend to agree with you. KO is probably an informal acronym that dates back for many years prior to circa 1984. It is probably archaic. But it is sometimes fun being able to trace stuff back to earlier times.

The Army and the Army Corps of Engineers are known for their prolific use of acronyms, especially when used in oral communications. I guess one abbreviates while being shot at or when briefing a busy senior officer or superior with a short attention span. I don't have many old documents left in my collection. Some of my old SOP's, which were official documents, did not abbreviate the term "Contracting Officer".

Since the District Engineer or his deputies were the contracting officers on civil and military construction contracts, they were distinghuished orally between their Commanding Officer roles for military matters, their District Engineer roles for civil works matters and in their contracting officer roles. Since I've used it for years, I obviously learned it somewhere in my organization. I didn't invent it.

[C Culham]

Well these folks use it as an acronym so I guess it depends on the forum one chooses to decide whether something is official or not.


Army – “Second, in the DoD, the acronym KO is used, instead of CO, so as not to
be confused with commanding officer. The KO enters into, administers, or terminates contracts
and makes related determinations and findings.” Ref – “ARMY CONTRACT SPECIALISTS’ LACK OF DESIRE TO BECOME CONTRACTING OFFICERS” , May 2012, Undra Robinson Senior Service College Fellowship Project Adviser: Greg McMullin, with Dr. Mike Padgett Senior Service College Fellowship
Defense Acquisition University Aberdeen Proving Ground, MD.

(Edit as I prematurely posted my comments)

Also, it is my understanding that "K" is a universal term used in the legal system to designate a "contract". I do not have a Black's or other legal term reference on my shelf but a search of internet references appears to confirm this. If true it would stand to reason that a "KO" would be a "contract" officer.

[wvanpup]

I wonder if it is a function of age. Is KO more prevalent among those of us approaching (or, like me, well past) our dotage than among our wet behind the ears colleagues with only 10-15 years experience? How ironic is it that the we use KO but never PKO, AKO, or TKO?

[Guest Vern Edwards]

Carl,

Who are "these folks"?

The person who wrote the paper to which you provided a reference was a student, who provided no citation in support of her assertion that DOD uses KO instead of CO.

And you provided a link to an old edition of the DAU Glossary.

[C Culham]

Vern - Appreciate you continued expediency to correct me but I am wondering did you see my edited post? Be interested in your take on the "legal" definition of "K" that I have always understood.

[Guest Vern Edwards]

Carl,

Yes, "K" is a popular abbreviation for contract used by attorneys, and Black's reflects that usage. However, the notion that DOD uses KO in order to avoid confusion with "commanding officer" is not borne out by the facts. I can find nothing anywhere to that effect, CO is widely used, and KO seems to be used informally. I think one or two DOD commands, like SOCOM, use it, but it is not DOD official policy as far as I can tell. I worked in DOD in the 1970s and 1980s, and never used, said, heard anyone use, or saw KO in any documents that I reviewed.

Here are some entries for CO and "contracting officer" in the current DAU Glossary:

CO Change Order; Commanding Officer; Contracting Officer

COAR Contracting Officer’s Authorized Representative

COR Contracting Officer’s Representative

COTR Contracting Officer’s Technical Representative

KO Contracting Officer (Also CO)

PCO “Procuring” Contracting Officer

TCO Termination Contracting Officer

Administrative Contracting Officer (ACO)

The government Contracting Officer (CO) who is responsible for government contracts administration. See “Procuring” Contracting Officer (PCO).

Change Order (CO)

A unilateral order, signed by a government Contracting Officer (CO), directing the contractor to make a change under the provisions of the Changes clause.

Charter (Program Manager’s (PM’s))

Provides authority to conduct the program within cost, schedule, and performance constraints approved by the decision authority. Establishes manpower resources for the Program Office (PO) and includes assignment of personnel to perform the functions of technical management/systems engineering, logistics, business, and financial management, as well as the designation of a Contracting Officer (CO). It also defines the PM’s line of authority and reporting channels.

Contract Award

Occurs when the Contracting Officer (CO) has signed and distributed the contract to the contractor.

Contract, Cost Reimbursement Type

A category of contract types that provides for payment to the contractor of allowable costs incurred in the performance of the contract, to the extent prescribed in the contract. This type of contract establishes an estimate of total cost for the purpose of obligating of funds and establishes a ceiling that the contractor may not exceed without prior approval of the Contracting Officer (CO). See Contract, Cost Plus Award Fee (CPAF); Contract, Cost Plus Fixed Fee (CPFF); and Contract, Cost Plus Incentive Fee (CPIF).

Contracting Officer (CO)

A person with authority to enter into, administer, and/or terminate contracts and make related determinations and findings for the U.S. government. In DoD, these functions are often divided between the Administrative Contracting Officer (ACO) and the Procuring Contracting Officer (PCO). See Administrative Contracting Officer (ACO) and Procuring Contracting Officer (PCO).

Nuff said? Want more?

[C Culham]

Thanks

[joel hoffman]

I began to edit post 13 above but will post here, instead. I found several uses of the terms "KO", "KO Decision", etc. this morning but accidently closed the window after about 2 hours of research and typing. I'm not going back to find every citation. It appears that this term is primaril;y used by the Army.

• The Army Contracting Command or Agency COR Handbook (once?) used the term in Section I, definitions, then throughout the document. I have not been able to find this URL this afternoon
• An Army COR Handbook uses the term KO at: http://procnet.pica.army.mil/reference/regs/corhandbook.htm#Definitions
• USACE Engineering Pamphlet EP 715-1-7, Architect-Engineering Contracting refers to the term "KO".
• There were two series of articles in NOV-DEC 2011 and JAN-FEB 2012 editions of DAU's: Defense AT&L Magazine by John Krieger, entitled "Knowing abnd Loving Your KO - A Guide fior Program Managers".
• Army's Contracting Officer Representative Deskguide uses the term at: http://www.acquisition.gov/sevensteps/library/ARMYcor-deskguide.pdf
• An article on "The Official Homepage of the US Army" at:

http://www.army.mil/article/97657/Commentary__Making_the_Contracting_Officer_Part_of_the_Logistics_Career_Path/, refers to the Contracting Officer as the KO. The article was published in the March-April issue of Army Sustainent Magazine

• The DAU's "Acquipedia" at https://dap.dau.mil/acquipedia/Pages/ArticleDetails.aspx?aid=b019cf97-6963-4c6b-aa91-76592ffd3067 refers to the "KO" and to the "PCO (KO)"
• Army Contracting Agency Customer Desk-side Dictionary as of 2004 (probably out of date) defines the KO
• Headquarters, Department of the Army, G-2 DD FORM 254 Preparation Guide uses the term KO
• The Army Acquisition Center of Excellence offered a course as of January 2012 called "Army Contracting Pre-Command Course (KO PCC)"
• Army MEDCOM Center for Health Care Contracting (CHCC), as of 2007, offered a Customer Handbook which used the term KO throughout.
• A 2001 (Probably outdated or obsolete) COST PLUS AWARD FEE CONTRACT ADMINISTRATION DESKGUIDE used the term KO for contracting officer at https://acquisition.gov/comp/seven_steps/library/ARMYcost-plus.pdf
• An OCT-DEC 2009 Army AL&TMagazine article by the Assistant Secretary of the Army for Procuremenmt (Army DASA(P)) uses the tyerm "KO" 14 times. http://www.docstoc.com/docs/49639212/Contracting-Community-Highlights---PDF

[Guest Vern Edwards]

Someone asked this question: "Is there any particular reason why DOD uses KO instead of CO?"

Like I said: "It's likely that KO was used in official documents in some instances, but it does not appear to have been an official abbreviation in modern times."

Let me know if you find a memo saying that DOD personnel shall use KO instead of CO.

[joel hoffman]

Someone asked this question: "Is there any particular reason why DOD uses KO instead of CO?"

Like I said: "It's likely that KO was used in official documents in some instances, but it does not appear to have been an official abbreviation in modern times."

Let me know if you find a memo saying that DOD personnel shall use KO instead of CO.

I don't think that anyone except perhaps Deaner indicated that DoD personnel "shall use KO instead of CO". I think some of us have indicated that "KO" is an acronym for a Contracting Officer that has been and is still used "in modern times" in some official and unofficial documents. It appears to be primarily mentioned in Army guidance. I would doubt that the Air Force used it. I did see a NOAA form and several similar uses outside of DOD or the US Government. Perhaps by Army vets?

I did now edit the first sentence my post #9 to clarify that "KO" is one acronym used to refer to a contracting officer in our organization. It isn't mandatory. I imagine that most Corps of Engineers employees have no idea why it was ever used because the Commanding Officers (District Engineers) haven't been KO's since the early 1990's.

[styrene]

I still use KO. Of course, I am in a civilian agency now and like to add to the confusion.

[C Culham]

Vern – Sorry for the delay in response to your last flurry of questions directed to me. I would have responded sooner but when I first read your post (#18) it was much shorter, I got busy on other things and just got caught up on the entire Forum, so I suspect you must have edited it. You asked in the reference post # above “Nuff said?” and “Want more?” and the answer is NO!

[C Culham]

Joel – You can add these to your list.

Defense Logistics Acquisition Directive (DLAD)” Revision No. 5 February 12, 2014 various references.

HSAR Part 3002.101

SOFAR Part 5602.1

Defense Contingency Contracting Handbook, 4th Edition various references