Contracting Officer's Representative (COR)

Citation
302 FW 2
FWM Number
N/A
Date
Supersedes
302 FW 2, 11/25/09
Originating Office
Division of Acquisition and Property Policy Management

TABLE OF CONTENTS

Topics

Sections

OVERVIEW

2.1 What is the purpose of this chapter?

2.2 What is the objective of this chapter?

2.3 What are the authorities for this chapter?

RESPONSIBILITIES

2.4 Who is responsible for the certification and appointment of Contracting Officers’ Representatives (COR)?

APPLYING AS A COR AND TRAINING REQUIREMENTS

2.5 Who can serve as a COR?

2.6 What are the types of CORs?

2.7 What are the steps for applying for and obtaining a FAC-COR certification?

2.8 What are the FAC-COR training and certification requirements?

2.9 What happens if an employee does not meet the FAC-COR certification or maintenance requirements?

2.10 Can anyone waive the requirements for COR certification?

COR APPOINTMENTS

2.11 When does the Service require the appointment of a COR to a contract?

2.12 How is a COR appointment made? 

OVERVIEW

2.1 What is the purpose of this chapter? This chapter:

A. Supplements the Department of the Interior’s (Department) Federal Acquisition Certification and Appointment for Contracting Officers’ Representatives (FAC-COR) program policy, and

B. Describes the U.S. Fish and Wildlife Service’s (Service) process for certifying and appointing CORs.

2.2 What is the objective of this chapter? Our objective is to ensure that the Service’s CORs have the training and experience they need to accomplish the goals of our mission effectively.

2.3 What are the authorities for this chapter?

A. Department of the Interior Acquisition Regulation System (DIAR), Subpart 1401.670 Contracting Officers’ Representatives.

B. Department of the Interior’s Federal Acquisition Certification and Appointment Programs Policy.

C. Federal Acquisition Regulation (FAR) Part 1.6, Career Development, Contracting Authority, and Responsibilities; and Part 7.5, Inherently Governmental Functions (48 CFR).

D. Office of Federal Procurement Policy (OFPP) Memorandum, “Revisions to the Federal Acquisition Certification for Contracting Officer's Representatives (FAC-COR);” September 6, 2011.

E. OFPP Policy Letter 05-01, “Developing and Managing the Acquisition Workforce;” April 15, 2005.

F. 205 Departmental Manual (DM) 11, Procurement and Contracting.

RESPONSIBILITIES

2.4 Who is responsible for the certification and appointment of CORs? See Table 2-1.

Table 2-1: Responsibilities for the Certification and Appointment of CORs

This employee…

Is responsible for…

A. The Director

Approving or declining to approve Servicewide policy.

B. The Assistant Director - Business Management and Operations

Ensuring there is up-to-date policy in place for managing the Service’s acquisition programs.

C. The Chief, Division of Contracting and General Services, Headquarters (CGS/HQ)

(1) Serving as the Bureau Procurement Chief, 

(2) Recommending final approval to the Department’s Deputy Director, Office of Acquisition and Property Management for all COR applications for the Service or disapproving applications,

(3) Providing the final approval or disapproval for COR renewal applications, and

(4) Assigning a member of his/her/their staff to be the Bureau Acquisition Career Coordinator.

D. The Bureau Acquisition Career Coordinator (in CGS/HQ)

(1) Reviewing COR applications to ensure employees meet the qualifications, and

(2) When an application is acceptable, endorsing it and sending it to the Bureau Procurement Chief.

E. Contracting Officers (CO)

(1) Determining the need to appoint a COR to a contract,

(2) Evaluating an employee’s qualifications to serve as a COR,

(3) Determining the level of certification required for a contract,

(4) Appointing CORs to specific contracts and giving them a written description of their authorities and duties and the duration of the appointment (see section 2.12), and

(5) Unilaterally terminating the appointment of a COR at any time for administrative reasons or for cause and appointing a new COR, if necessary.

F. Supervisors

(1) Reviewing COR applications and supporting documentation for completeness and to ensure employees are qualified, and

(2) Providing approval or disapproval of COR applications to the Bureau Acquisition Career Coordinator for certification.

APPLYING AS A COR AND TRAINING REQUIREMENTS

2.5 Who can serve as a COR?

A. A Service employee who is FAC-COR-certified and appointed in writing to perform the necessary administrative and technical functions related to a contract may serve as a COR in support of a CO. These duties include, but are not limited to:

(1) Ensuring proper development of pre-award requirements;

(2) Monitoring contract performance in a timely and reasonable manner;

(3) Ensuring timely and proper inspection, rejection or acceptance, and reporting of deliverables; and

(4) Processing invoices.

B. COs appoint CORs to specific contracts to provide the technical expertise necessary for effective contract management (see section 2.12).

2.6 What are the types of CORs? The FAC-COR program has three levels of certification to allow for appropriate training and experience for CORs managing a range of contract vehicles. These levels are based on the complexity of contracts that the Service typically awards. We may only have one Level III COR for each Regional office and one for HQ. See section 2.8 for the training requirements for each level. 

2.7 What are the steps for applying for and obtaining a FAC-COR certification? The COR applicant must:

A. Register in the Federal Acquisition Institute Training Application System (FAITAS),

B. Meet the training requirements in this policy (see Table 2-2), and

C. Complete and submit the FAC-COR application for review and approval in FAITAS.

2.8 What are the FAC-COR training and certification requirements?

A. Obtaining training:

(1) See Table 2-2 for the overall training requirements.

Table 2-2: Certification Requirements for CORs

Level of Certification

Complexity

Initial Training

FAC-COR Experience*

Maintenance

Level I

Low-risk contract vehicles, supply contracts, and orders

8 hours of COR training + 1 hour of Ethics training

None

8 Continuous Learning Points (CLP) every 2 years + 1 hour of Ethics training annually

Level II

Contract vehicles of moderate to high complexity, and supply, service, and construction contracts

40 hours of COR training + 1 hour of Ethics training

1 year

40 CLPs every 2 years + 1 hour of Ethics training annually

Level III

Contract vehicles of moderate to high complexity, and significant or major acquisition investments (see Office of Management and Budget Circular A-11 for contracts)

60 hours of COR training + 1 hour of Ethics training

2 years or more

40 CLPs every 2 years + 1 hour of Ethics training annually

* Experience may be gained based on the time spent on a contract or through other ways of performing COR technical competencies. Proof of experience must be documented on FWS Form 3-2497, FAC-COR Resume, and uploaded with applications for Levels II & III.

(2) All FAC-COR applicants must take the initial required training from one of the options provided by the Federal Acquisition Institute (FAI) or from the listing of verified vendors on FAI’s website.

B. Maintaining FAC-COR certification:

(1) The FAC-COR certification is valid for 2 years. A COR must complete the maintenance training (see Table 2-2) every 2 years and the Ethics training annually.

(2) The training to maintain COR certification:

     (a) Must be job-related and meet the technical competencies of the FAC-COR program;

     (b) Must provide a certificate showing successful completion and number of hours for each course;

     (c) May have as a sponsor the Service, another bureau, the Department, another Federal agency, or an approved non-government training vendor;

     (d) May be in any type of venue (e.g., classroom, online, videotape, or CD/DVD); and

     (e) May include training on performance-based contracting.

(3) CORs may only retake the 40-hour basic COR training every 4 years to meet the continuing learning requirements for Level II and Level III.                                             

(4) CORs may not retake the same training within a 4-year period.

2.9 What happens if an employee does not meet the certification or maintenance requirements?

A. Any employee who fails to meet the requirements for the initial FAC-COR certification may not serve as a COR on a Service contract.

B. If the COR does not properly maintain the FAC-COR, the CO may revoke or modify the COR’s delegation letter(s). The CO must notify the COR in a timely manner (at least within 1 day) of any changes to the COR’s authority. The CO should also notify the contractor(s).

2.10 Can anyone waive the requirements for COR certification?

A. If a program office needs a COR’s support immediately and can justify the need to waive the training requirements in writing on the FAC-COR Level Waiver form (FWS Form 3-2508), the Bureau Procurement Chief may waive all or part of the FAC-COR requirements in writing:

(1) On a case-by-case basis;

(2) For a period of not more than 90 days of appointment to complete all required training;

(3) For a one-time, contract–specific case when it is in the best interest of the Service; or

(4) By identifying the reasons for and conditions of the waiver, such as in unusual or emergency situations.

B. The CO for the affected contract must put a copy of the waiver in the contract file.

C. The Bureau Acquisition Career Coordinator:

(1) Monitors all waivers, and

(2) Ensures that CORs who receive waivers complete training and obtain certification within the required timeframe.

COR APPOINTMENTS

2.11 When does the Service require appointment of a COR to a contract?

A. We require COR appointments for:

(1) All contracts for construction over the micro-purchase threshold and all contracts for architectural and engineering services;

(2) Cost-type contracts (e.g., cost-reimbursement, cost-plus-award-fee, etc.);

(3) Service contracts over the simplified acquisition threshold;

(4) Large, complex, or high risk awards;

(5) Awards subject to testing requirements;

(6) Performance-based acquisitions; and

(7) Contracts performed outside of the United States.

B. Appointment of a COR is generally not necessary when oversight duties are limited to verifying the count and quality of delivered items.

2.12 How is a COR appointment made?

A. When there is an appropriate contract project, the COR’s supervisor may nominate the employee as a COR to the responsible CO.

B. The CO must verify the nominee’s COR training and other qualifications.

C. If the CO approves the nominee, the CO writes a COR appointment memorandum for the specific contract.

Amended by Decision Memorandum, “Approval of Revisions to ~350 Directives to Remove Gender-Specific Pronouns,” 6/22/2022