Co-CORs for AE IDIQ projects

[Arlene Graham]

I am the COR for an AE IDIQ (Brooks Act procurement).  My customer (different agency) would like to assign one of their CORs to be a co-COR for the project.  They want their COR to participate in the vendor selection process and other COR activities.  Does the FAR allow this?  Where in the FAR is this addressed? Thank you.

[C Culham]

2 hours ago, Arlene Graham said:

I am the COR for an AE IDIQ (Brooks Act procurement).  My customer (different agency) would like to assign one of their CORs to be a co-COR for the project.  They want their COR to participate in the vendor selection process and other COR activities.  Does the FAR allow this?  Where in the FAR is this addressed? Thank you.

The FAR will does not address co-CORs.  Agency policy might suggesting that researching of agency policy such as COR manuals etc. may help.   Remember that COR's are delegated their authority from the CO.  As such it would still be at the discretion of the CO as to whether co-CORs would be prudent.  While delegations could be aligned to address any overlap of delegated responsibilities for the CORs, I could see where having two would be cumbersome.   There would also be a question as to whether the CO has authority to delegate cross agency.  I have personally experienced this and matters regarding the Economy Act, agreements between agency's etc. come into play with regard to the allowability of doing cross agency delegation.

At first glance of your post making one a COR for the vendor selection process may not be necessary, they could, as an alternative,  just get assigned to the evaluation panel.   As to "other"  activities there might also be other alternatives as opposed to specific COR delegation.

All said the first step I suggest is talk to the CO that delegated you about the idea of co-CORs and see where it goes from there.   

[formerfed]

I’m in complete agreement with Carl’s comment.  I do know of one instance with co-CORs was used successfully too.  GSA did a large scale acquisition for leased space for an agency who was paying for the space.  Both agencies had a COR involved in both the source selections tnion (as Carl mentioned not necessary to have an COR designation in that phase) and in the lease administration.  Both CORs worked collaboratively together with no issues.

[Arlene Graham]

_{Thank you, both.  I appreciate the fast response, very helpful!}

[joel hoffman]

Indeed, there can be a person who the organization WILL assign as an Authorized Contracting Officer Representative after award of the task order. But there is no contract during the initial ID/IQ competition or task order competition to assign a COR to.

The FAR doesn’t prohibit a contracting agency PCO from appointing a COR from a customer agency nor allowing the customer  agency to have a representative on the A/E selection for a task order. The agencies should have implementing regs/policies on qualifications and assigning COR’s. 

[C Culham]

54 minutes ago, joel hoffman said:

But there is no contract during the initial ID/IQ competition or task order competition to assign a COR to.

While this statement is how an an agency generally might handle delegation of a COR ideally the assignment should occur preaward.  Something like- "You are delegated as the COR to subject solicitation and resulting contract...".  Been there done that.   Even DoD's COR guide recognizes the ideal....

REF - https://www.acq.osd.mil/dpap/policy/policyvault/USA001435-22-DPC.pdf

"Ideally, the COR participates in pre-award activities so they are familiar with all aspects of the contract."

[joel hoffman]

36 minutes ago, C Culham said:

While this statement is how an an agency generally might handle delegation of a COR ideally the assignment should occur preaward.  Something like- "You are delegated as the COR to subject solicitation and resulting contract...".  Been there done that.   Even DoD's COR guide recognizes the ideal....

REF - https://www.acq.osd.mil/dpap/policy/policyvault/USA001435-22-DPC.pdf

"Ideally, the COR participates in pre-award activities so they are familiar with all aspects of the contract."

Good points. 

[formerfed]

The subject of COR appointment across the government is a source of confusion and controversy is some places.  As Joel pointed out, a COR doesn’t start until a contract as awarded.  Then as Carl brings up, some places use his or similar wording about early COR appointment that applies to the solicitation and resulting contract.

There is a lot of good practices saying the COR (or whatever they are called at the time) needs to be part of market research, acquisition planning, and solicitation preparation.  Along those same lines, most policies concerning team based approaches say the COR is a key member starting at team form at ion.

All that being said, some contracting officers complain that reviewers at higher levels looking at items like their acquisition plan, strategy, and source selection document are criticized about improper mention of CORs until designation at contract award.

Its a shame someplace like OFPP can’t clarify the subject for everyone.

[joel hoffman]

18 hours ago, formerfed said:

The subject of COR appointment across the government is a source of confusion and controversy is some places.  As Joel pointed out, a COR doesn’t start until a contract as awarded.  Then as Carl brings up, some places use his or similar wording about early COR appointment that applies to the solicitation and resulting contract.

There is a lot of good practices saying the COR (or whatever they are called at the time) needs to be part of market research, acquisition planning, and solicitation preparation.  Along those same lines, most policies concerning team based approaches say the COR is a key member starting at team form at ion.

All that being said, some contracting officers complain that reviewers at higher levels looking at items like their acquisition plan, strategy, and source selection document are criticized about improper mention of CORs until designation at contract award.

Its a shame someplace like OFPP can’t clarify the subject for everyone.

The key takeaway is that - unless the agency or higher policy prohibits it, qualified, client agency personnel may participate on a “vendor” selection team. I hate the term “vendor” applied to an A-E firm. As a registered professional engineer (retired) and having been a design and construction engineer in an A/E firm , I was never called a “vendor”.

I provided professional planning, engineering and design services for my clients. I didn’t sell them.

[C Culham]

1 hour ago, formerfed said:

Its a shame someplace like OFPP can’t clarify the subject for everyone.

 

51 minutes ago, joel hoffman said:

The key takeaway is that

Upper level management and the "higher levels" of review either cannot read, are ignorant of the policy of the Office of the President, and/or simply have lost their ability to understand and support acquisition and its "team" as a valuable and necessary element of mission accomplishment!!!!!!!!

REF - https://www.whitehouse.gov/wp-content/uploads/legacy_drupal_files/omb/procurement/revisions-to-the-federal-acquisition-certification-for-contracting-officers-representatives.pdf   (at Attachment I, Page A-3)

"Best Practice: If an individual is performing pre-award tasks, such as requirements determination and proposal evaluation, it is recommended that (s)he be issued a COR appointment memorandum at that time that addresses both pre-award and post-award responsibilities."

I rest my case!

[joel hoffman]

Carl, my last post was responding to Arlene’s question concerning customer agency participation in her agency’s contractor selection and being a “co-COR during the A-E task order performance. 

On 8/2/2023 at 9:04 AM, Arlene Graham said:

My customer (different agency) would like to assign one of their CORs to be a co-COR for the project.  They want their COR to participate in the vendor selection process and other COR activities.  Does the FAR allow this?  Where in the FAR is this addressed?

My USACE organizations allowed and encouraged client/customer participation in the requirements determination, selection, design development and design review processes.

Not sure why a customer agency would need a co-COR for an A-E design task that is administered by the agent agency. Usually makes sense not to duplicate the official COR role during a design task that is performed at the A-E’s offices. That question should be the decision for the PCO. But the FAR doesn’t prohibit it.

I suppose that it depends on who will assume the lead for the various post award processes/phases.

The customer lead on our projects was typically titled as the customer’s project manager,  project engineer or project architect.

Edited August 4, 2023 by joel hoffman
Refined my original post.

[REA'n Maker]

Part 36 of the FAR talks about qualifications for A-E selection board members, which sounds more like what your customer is talking about. 

Quote

 36.602-2 Evaluation boards.

(a) Members shall be appointed from among highly qualified professional employees of the agency or other agencies, and if authorized by agency procedure, private practitioners of architecture, engineering, or related professions. 

I've worked for two agencies that designated "Alternate CORs" (to me a COR is a COR is a COR, but I digress).  As far as I know there is no statutory limit on how many CORs you can have, but our contract writing system only allows 2 CORs to have designated authority to approve invoices so that's the practical limit.

Do you want 2 CORs signing invoices?  Even if that is not the intent, it may be a result.

[C Culham]

31 minutes ago, REA'n Maker said:

Part 36 of the FAR talks about qualifications for A-E selection board members, which sounds more like what your customer is talking about. 

I've worked for two agencies that designated "Alternate CORs" (to me a COR is a COR is a COR, but I digress).  As far as I know there is no statutory limit on how many CORs you can have, but our contract writing system only allows 2 CORs to have designated authority to approve invoices so that's the practical limit.

Do you want 2 CORs signing invoices?  Even if that is not the intent, it may be a result.

Ah but this misses the point of the OP?   Two CORs one from one agency and another for a different agency.   It would seem access to a contract writing system for approval of invoices might be a challenge in such a situation?

[joel hoffman]

1 hour ago, C Culham said:

Ah but this misses the point of the OP?   Two CORs one from one agency and another for a different agency.   It would seem access to a contract writing system for approval of invoices might be a challenge in such a situation?

The COR from the customer agency administering or overseeing the other agency’s task order task order on-site could be authorized to review and give their approval to the progress payment invoices or other type invoices for the issuing agency’s COR to input into the contract writing system…

[C Culham]

36 minutes ago, joel hoffman said:

The COR from the customer agency administering or overseeing the other agency’s task order task order on-site could be authorized to review and give their approval to the progress payment invoices or other type invoices for the issuing agency’s COR to input into the contract writing system…

Yes Joel but that is not what was implied by my read of REA'ns post.   It was actual input - "our contract writing system only allows 2 CORs to have designated authority to approve invoices so that's the practical limit."

I would agree there are lots of work arounds.  Yet "alternate" COR is not what the OP asked about, it was "co-CORs".   Alternate in almost all cases implies one who steps in when the other can not perform the duties.  Most Departments and agencies allow alternates, some even multiple.   Commerce CAR clause 1352.201-72, DoD Instruction Number 5000.72, and USAid 302mar_080119 are references.

Bottomline WE can all offer thoughts yet the FAR is silent, agency/department policy may or maynot be, and in the end it will be the CO that decides on whether a co-COR should be delegated.  Cross agency delegation of a co-COR still has all the concerns that I noted in my very first post to this thread.  And by appearance of responses the OP has moved on, I think I will too.

[REA'n Maker]

1 hour ago, C Culham said:

Yet "alternate" COR is not what the OP asked about, it was "co-CORs"

You can call it whatever you want, but it's multiple CORs receiving a delegation from the same CO with each possessing identical superpowers.  Any term other than "COR" is a fiction. I suppose the CO could prescribe different delegated duties but that just makes my head hurt. 

Having set up more contract writing system user accounts than I can count, I can affirmatively state that all it takes is a branch-chief level authorization to set up a new user (e.g., temporary auditor accounts, etc.).  If they can't approve invoices, there's not much point in appointing them COR. 

[C Culham]

11 minutes ago, REA'n Maker said:

from the same CO with each possessing identical superpowers. 

So you are saying that if I issue a Alternate COR Delegation that specifically says your superpowers are only to be used when the COR is absent and cannot perform the duties delegated to them that the Alternate superpowers are identical to the delegation of "the" COR?  Does not the refinement of the term "alternate" mean substitute or taking the place of or in other words not the same?  Also by example it would seem that at least USAID thinks differently than your view.  And I quote -

  "The CO must not designate multiple CORs for any particular award; however the CO may designate an alternate COR who would perform the designated COR functions only during the absence of the primary COR."

15 minutes ago, REA'n Maker said:

I can affirmatively state that all it takes is a branch-chief level authorization to set up a new user (e.g., temporary auditor accounts, etc.). 

From another agency?   I know my experience is dated but as a branch chief at one time (USACE) I found it difficult to not only do so for say a US Army employee of a base but actually hard to do for a USACE employee of another district.   Systems can change I just want to make sure your affirmation is how I understand it the branch chief can designate anyone from any agency outside of the branch chiefs agency? 

[REA'n Maker]

Show me where the FAR says anything about an "Alt-COR".  Is there such a thing as a FAC-ALTCOR cert?  USAID are a bunch of Birkenstock-wearing-ex-Peace Corps-hippies so I wouldn't put a lot of stock in anything they have to say about procurement (yes, I was there. Very nice people but my assessment stands 😋). What does 'absence' even mean?  'Absence' because the primary COR had to leave early to pick their kid up at school or 'absence' because they were unexpectedly deployed to the USAID Mission in Nairobi?  Do I need to pull T&A records if I am concerned about compliance with my delegation? 

  Hence my statement

On 8/9/2023 at 12:19 PM, REA'n Maker said:

I suppose the CO could prescribe different delegated duties but that just makes my head hurt. 

As a practical matter we have to assume our appointed CORs are competent and acting in the government's best interests, so I trust them to work together. If I can't measure it or enforce it, I'm not going to include it in my delegation.  But that's just me.

Happy Friday!

 

 

[C Culham]

2 hours ago, REA'n Maker said:

Show me where the FAR says anything about an "Alt-COR".

Well just because you are still wanting  to pursue.   

DFARS PGI 201.602. SOFAR -5601.604.  Commerce 1352.201-72.   And then there is the question - Does not FAR 1.102-4(e) apply otherwise.   And while not the FAR lots of places in multiple agency policies - USAID, Commerce, Environmental Protection Agency, etc. and FAR 1.301 provides such authority.   All said I think the FAR says something!

3 hours ago, REA'n Maker said:

Is there such a thing as a FAC-ALTCOR cert? 

No sir.  By my read of the many references a ALT COR will need to have FAC-COR certification.

3 hours ago, REA'n Maker said:

What does 'absence' even mean? 

It means what it means - being away from a place. 

 

3 hours ago, REA'n Maker said:

'Absence' because the primary COR had to leave early to pick their kid up at school or 'absence' because they were unexpectedly deployed to the USAID Mission in Nairobi?  Do I need to pull T&A records if I am concerned about compliance with my delegation? 

Could be but in all sincerity I doubt it.   Realistically I think you can answer the questions yourself.  

 

3 hours ago, REA'n Maker said:

As a practical matter we have to assume our appointed CORs are competent and acting in the government's best interests, so I trust them to work together. If I can't measure it or enforce it, I'm not going to include it in my delegation.  But that's just me.

Out of context a bit and intended as rhetorical what would you do if you were the assigning CO with regard to assigning acquisitions to other CO's?  This thought reaches to my very first post in this thread - "having two would be cumbersome."  You have the discretion as CO to do as you will I would just offer that at this point with regard to the specific question of co-CORs, each from a different agency seems problematic to me for all the reasons, including even the ones you have brought to the table, discussed in this thread.

Friday, weekend, weekday they are all the same for me! 

Have a GREAT DAY!