Responsibilities
Contracting officers must ensure contract compliance, proper oversight, and clear delegation of authority, especially when designating and managing CORs.
Overview
FAR 1.602-2 outlines the core responsibilities of contracting officers (COs) in federal procurement. COs are charged with ensuring effective contract performance, compliance with contract terms, and protecting the interests of the United States. The regulation grants COs broad discretion to exercise business judgment, but also sets specific requirements for contract oversight, including the designation and management of Contracting Officer’s Representatives (CORs). The section details the qualifications, limitations, and documentation required for CORs, emphasizing the importance of proper delegation and oversight to maintain contract integrity and compliance.
Key Rules
- Ensuring Compliance and Funding
- COs must verify that all legal and procedural requirements are met and that sufficient funds are available before obligating the government.
- Fair and Equitable Treatment
- COs must ensure contractors are treated impartially and fairly throughout the contracting process.
- Use of Specialist Advice
- COs are required to seek and consider input from relevant specialists (e.g., audit, legal, engineering) as needed.
- Designation of CORs
- COs must designate a qualified COR in writing for most contracts, except where duties are retained by the CO. The COR must be a government employee (unless agency regulations allow otherwise), certified, trained, and their authority and limitations must be clearly documented and communicated.
Responsibilities
- Contracting Officers: Ensure compliance, funding, fair treatment, seek specialist advice, and properly designate and manage CORs.
- Contractors: Must interact with designated CORs and comply with contract terms; cannot accept direction from CORs that exceeds their authority.
- Agencies: Oversee CO and COR compliance, ensure proper training and certification, and maintain documentation.
Practical Implications
- This section ensures accountability and proper oversight in federal contracting, reducing risk of unauthorized commitments or mismanagement. Contractors should be aware of COR authority limits and ensure all direction aligns with contract terms. Common pitfalls include unclear COR designations or unauthorized actions by CORs, which can lead to disputes or liability.