Announcing Contract Award and Responsibilities of the Contracting Officers - Research Paper Example

 Contract Awards Announcing Contract Award and Responsibilities of the Contracting Officers Representative 1. Evaluate the requirements for announcing federal contracts awards Announcement of federal contract awards has always been a contentious issue. There are two kind of announcements, public and local announcements. We will begin by looking at the public announcement. This involves the contracting officers making information available on awards worth over $4 million. This calls for sufficient time in order for the agency to announce the awards by 5 p.m. Washington DC time. It is implied that agencies should not release any information pertaining the awards before the official public release at 5 p.m. it is worthy pointing out that there contracts exempted from this rule (GPO, 2013). They include; contracts placed by Small Business Administration, contracts placed by foreign firms who may happen to be outside the United States, and those which synopsis were exempted under 5.202(a) (1). The next section is the local announcement. This simply implies that agencies are permitted to release information regarding contracts to local press and media. The following information has to be included when information regarding awards is released; in the case of a sealed bid, there is a need to release a statement stating that the contract was awarded through competition of sealed bidding, the number of sealed bids received and the method used into selecting the bid. Secondly, awards reached through negotiations falls under the information prescribed under 15.503 (b). This has to be through competitive negotiations and a statement released to this effect (Clark, 2012). 2. Establish the responsibilities of the Contracting Officers Representative (COR) for this contract. COR have a major role to play when it comes to awarding of contracts. The first responsibility is paying attention to detail and been involved in the decision making process. This will call for the COR to be able to make sound informed objective decisions (GPO, 2013). They should also be able to perceive the impact and implications of the decisions. It also calls for them to be able to commit action even when under uncertain situations o as to be able to accomplish their organizational goals. The next responsibility of the COR is been able to be flexible and influential. Terms of awards are sometime subjected to change and new information. This call for some flexibility on the part of the COR. COR should be able to negotiate and persuade others to accept recommendations while been able to work with others towards coming to an agreement (Clark, 2012). They should be able to negotiate and find a mutually acceptable resolution towards any impasse. It should be noted that; Integrity, interpersonal skills and oral communication skills are some of the key qualities and responsibilities of COR. They should be able to contribute toward maintaining the integrity of their organization. They should be able to portray high standards of ethical conduct while been able to understand the impact of violating the standards of an organization. Under interpersonal skills, they should show an understanding, courtesy, empathy while been able to develop and maintain relationships (GPO, 2013). This should happen even when dealing with difficult people and when relating with people from various background. Expressing information (oral communication) to people efficiently calls for one to be able to take into account the audience and nature of the information. With this, one will be able make clear and convincing presentations while been able to listen to others and attend to the non verbal cues. It is the hope of any organization involved in the bidding of contracts that they will win. This calls for the COR to be able to Plan and Evaluate. He should be able to organize work, prepare priorities, determine the needed requirements, set goals and strategies, monitoring of progress, evaluation of outcomes and coordinating within the organizations (Clark, 2012). Through this, COR shall be able to be a problem solver. Any organization believe that their COR will be able to identify problems, determine with accuracy through sound judgment the information provided to him to come up with a needed solution. It is through this that he will be able to make sound recommendations to the best of his abilities. A contract that is yet not fully performed by the parties is referred to as an executor contract. This type of contract may be entirely executory; in that case nothing has been accomplished. In the event where terms of a contract have been completely performed by both parties involved, it becomes a good contract (Clark, 2012). These forms of contracts are no longer active accords and are only valuable if a disagreement related to the agreements takes place. Having ascertained the specific aspects of agreement as a juristic commencement, the following procedure is to determine the approach through which contracts are designed as in accordance with Clark (2012). A section of the description of the agreement becomes a contract enforceable at rule. In that sense, it adheres that parties have got to analyze the components of a contract for example, the law will hold to be fastening between the two parties involved at large. The most common essential of a contract law has been critically analyzed in these articles through explanation, which support the intended purpose. In that sense, the contract must be in the shape required by the authority (Clark, 2012). Secondly, there is an obligation to a consideration, when needed by the concerned authority. This acts as future evidence concerning the rightful owner of the agreement. The parties are competent in making law to a valid contract. COR have to develop and maintain an achievable plan while managing resources within his reach to accomplish the overall goal in the project. This will lead to a smooth flow and timely completion of any activities that will help deliver the needed results. Contract awards are simply a project that has to be managed (GPO, 2013). This implies that the COR should anticipate obstacles that can impact projects success and work continuously to improve the agency’s ability to deliver success. It thus calls for reasoning and self management. Given any information, COR should be able to indentify rules, principles, relationships that explain facts, and any other information. With that, they can make analyze information, make correct inference and provide accurate conclusion. There is a need for a COR to set well definite and practical personal goals. This means they should be able to portray a higher level of initiative and commitment towards doing whatever it takes to win the contract awards (GPO, 2013). 3. Evaluate the existing training and certification requirement for CORs. We will begin by looking at performance outcomes. Under this requirement, their various elements involved when learnt will make great COR. One will be trained in the following; documentation, methods of payment, contract financing, Unpriced contacts, contract types, and strategic planning among many others (GPO, 2013). It is through training that the COR will be able to learn how to assist in determining when a written source selection is required thus he should be able to properly document the source selection plan. There is always a need to minimize the government’s overhead, hence COR should be able to assist in selecting the best method of payment. Under contract financing, one learns to assist to determine how to provide for government financing and which in the necessary method of financing. COR are involved in advising customers on their acquisition related roles and strategies one needs to assure that the supplies and services are available to meet mission requirements (Clark, 2012). Before one can be certified he has to be trained in market research and mastering of performance outcomes. This implies that the COR will learn how to conduct, collect and apply market based research in understanding the market place. With this, he will be able to collect information relating to possible sources of acquisition (GPO, 2013). This includes for commercial items, terms and conditions, through which one can sell the services involved. There is the need for the COR to understand the industry trends. Understanding the industry environment will help determine the available sources of supply and service. In any business deal about to take place, there is the need for one to be able to identify any potential conflict of interest and be able to embrace technology (FAI, 2012). Interacting with technology means that they will be able to understand the available sources of information. 4. Create a set of specific requirements for the COR working on the Contract for the 5,000 electrical generators Most of the materials and equipments used in the military happen to be classified. This is useful in protecting the technology used in forming a key area of our defense systems. Creating certain requirement for the contract of 5000 electrical generators will call for some expertise in contract administration management (FAI, 2012). The first requirement will be setting up of the contract administration planning and orientations. This simply means they should be able to participate in post award orientations meetings to review contract milestones and responsibilities. Given the fact that such a large amount of electrical generators are needed, this calls for a work order management our next requirement. The people involved should submit a work package to request to work under the contract. The next important requirement is for the COR working on the contract should be able to participate in an effective inspection and acceptance. With a need for 5,000 electrical generators, there will be a need to be able to prove that all the generators supplied are not faulty but functioning to the set specifications (FAI, 2012). With that, one will be ready to inspect and accept deliveries and services through inspecting deliverables while monitoring services. Through that one can prove compliance and completion by the contractor of all the needed 5,000 generators. A process inspection report has to be submitted to support documentation for payment and maintenance documentation of all inspections carried out. All government and military contract awards need to have a contract closeout. This section of the requirement shall be classified under performance outcomes. With our contract type; COR will identify the FAR regulations, agency extra requirements and the appropriate steps needed for the closeout (FAI, 2012). With this, the contract for the 5,000 generators will not end with the delivery of the products but through their maintenance for a period of at least 3 years. 5. Assess the importance of safeguarding proprietary information. Propose two (2) ways that proprietary information can be safeguarded for this contract. There is a need for efficient ways to enforce laws governing unauthorized release of proprietary trade information. This calls for the owner of this kind of information to take critical measure to protect this information from unauthorized disclosure. The kind of measures needed include building access controls, classifying sensitive materials, and signing of non disclosure agreements. Any material not needed should be carefully destroyed (Frase, 2000). Given that this is a defense contract, it may be required of the contractor to adhere to certain safeguarding requirements. It is thus the duty of the government to protect proprietary information submitted in the bidding process (FAR 14.401). This call for the bids kept secure while remaining under lock and key. Nonetheless, the Economic Espionage Act has two provisions that make theft of any trade secrets a federal criminal offense. The first safeguard is under section 1831. This one is directed towards foreign economical espionage. It requires that the theft of any trade secret be done for the benefit of a foreign government or agent. Contrasted to the second provision (section 1832), it makes the commercial theft of trade secrets a criminal offense in spite of who benefits. Any person convicted under the economic espionage (section 1831) shall be imprisoned for up to 15 years. In the case of corporations and institutions, they can be fined up to $ 10 million. When a defendant is convicted for theft of trade secrets under section 1832 he can be imprisoned for up to 10 years and fined $ 500, 000. Corporations and institutions can be fined no more than $ 5 million (McGowan, 2009). It is worthy pointing out that there are at least three other laws that apply to disclosure of certain specific kind of proprietary information. This can be said to be directed to government employees. The first is knowingly disclosure of non government information through which a government agency has gained access through a connection to the procurement action (Title 41 UC 423). The procurement integrity does provide for both civil and criminal penalties. The criminal penalty could lead to up to 5 years imprisonment while the civil penalty will be fined up to $ 100, 000 (Frase, 2000). This is mostly directed to government employees who happen to receive no government information. It can also apply to the non government personnel who are receiving procurement information from the government. The above procurement integrity law is only applied prior to receiving the award contract. When the contract is received, other laws with slighter penalties will apply (McGowan, 2009). When it comes to Title 18 USC 1905, it is used to apply to the disclosure of proprietary information by a government employee of any information given by the government through a company or any other nongovernmental organization (Frase, 2000). The other condition is of the ‘giver’ of the information identified it as been proprietary or the information was given to the government in confidence. The core penalty happens to be removal from office and termination of employment. The offender could be fined not more than $1000 while imprisoned not more than one year. Under Title 12 UC 417, there is provision for civil penalties for any disclosure of nongovernmental financial information in the hands of the government (McGowan, 2009). This implies that the director of the Office of Personnel Management (OPM) will have to carry out an investigation and recommend appropriate disciplinary action on the federal personnel found guilty. References Clark, J. (2012). Handbook of The Law Of Contracts, Journal of Contracts, 11 (12), 1-4. FAI. (2012). Contracting Officer's Representative (COR) Competencies. Retrieved from, http://www.fai.gov/drupal/community/contracting-officers-representative-cor-competencies Frase, S. (2000). ‘Criminal Justice System.’ Encyclopedia of the American Constitution. 3(2), 712-745. GPO. (2013). Defense Federal Acquisition Regulation Supplement: Safeguarding Unclassified Controlled Technical Information (DFARS Case 2011-D039. Retrieved from, http://www.gpo.gov/fdsys/pkg/FR-2013-11-18/html/2013-27313.htm McGowan, L. (2009). ‘Criminal Law Legislation Update.’ The Journal of Criminal Law. 73 – 89. Read More