BB-403 - Event Cycle 4: Contract Administration

Step 1: Functional representatives' responsibilities and limitations.

a.  Are qualified individuals selected as Contracting Officer's Representatives (COR) (DFARS 201. 602-2)? Is a COR appointed in writing prior to or at contract award for all service contracts?

b.  Do CORs' written designations clearly indicate their authority, and the limitations of that authority, and have the correct references within the document?

c.  Are inspectors, functional managers, and others routinely involved in performing contract administration functions, advised of their duties and responsibilities in contract administration?

d.  Do delegations of the contract administration functions normally include the authority to deobligate excess funds (FAR 4. 804-5(a)(15) and 42. 302 (a)(70)).

e.  Have the COR's records been reviewed by the applicable contracting officer prior to each COR being redeployed and at completion of the contingency to ensure compliance with the terms of the contract?

Step 2: Postaward orientation conferences.

Are informal postaward conferences held to foster a mutual understanding of the contractual agreement and the responsibilities assigned?

Step 3: Contract modifications.

a.  Is legal counsel requested to make a legal sufficiency determination prior to effecting a supplemental agreement, as applicable?

b Are requiring activities documenting the changes that need to be made and providing the changes to the contracting officer?

Step 4: Government property administration.

a.  Are contractors required to publish a property control system describing the procedures and techniques to be used in managing Government property (unless the Government Property Administrator determines it unnecessary)?

b.  Is regulatory guidance followed to determine contractor liability should Government property become lost, damaged, destroyed or unreasonably consumed (FAR 45. 104 and the applicable Government Property clause)?

c.  Has it been determined to be in the best interest of the Government to provide additional Government property beyond that required under contract?

Step 5: Quality assurance.

a.  Are nonconforming supplies or services offered to the Government rejected except as provided in applicable regulations (FAR 46.407)?

b.  Is contractor performance of service or commercial activity contracts monitored according to established surveillance plans?

Step 6: Delinquency Actions and Terminations.

a.  Do contracting officers take timely action to alleviate or resolve delinquencies?

b.  Do contracting officers obtain legal counsel and technical advice prior to taking action when a default termination is being considered (FAR 49.402-3)?

c.  Are excess funds from terminated contracts deobligated by the responsible contracting officer (i.e. , PCO, ACO or TCO) in a timely manner?

d.  Are negotiation settlements promptly scheduled and audit reviews and negotiations tracked to ensure prompt settlement of termination actions (FAR 49.101(d))?

Step 7: Defense Contracting Audit Agency (DCAA) audits on cost reimbursement contracts.

a.  Are determinations regarding the allowability of incurred costs on cost reimbursement contracts consistent with the factors to be considered in determining allowability (FAR 31, and DFARS 231)?

b.  Are final cost determinations that are inconsistent with the auditor's advice supported by a memorandum in the contract file describing the pertinent events and factors considered in reaching the decision?

c.  Are the reimbursements due the Government after final audit promptly processed for collection?

Step 8: Receiving reports, acceptance, final payment, contract completion, and contractor evaluation.

a.  Are decisions to accept, or reject supplies offered, or services performed, documented and distributed in a timely manner?

b.  Are all contractual claims and obligations satisfied on physically completed contracts prior to contract closeout, and do the contracting officers follow proper procedures in determining and processing the claim(s) (FAR 33. 2)?

c.  Are contractor performance assessment reports (CPAR) being prepared (AFARS 5142. 15)?

d.  Are contract administration offices initiating administrative closeout of the contract after receiving evidence of its physical completion (FAR 4. 804-5)?

e.  For Construction Requirements, is a release of all claims or liens against the Government obtained prior to final payment (FAR 52. 232-5)?