Ch. 2- What Commanders Need to Know

Chapter 2

What Commanders Need to Know

• Selecting the Right Contracting Officer's Representative (COR)
• The COR Position
• Crossing Lines of Authority

Every commander¹ is likely to inherit or initiate a few contracts for supplies and services and, therefore, will require CORs from his or her unit. The commander's local supporting contracting office will determine how many CORs are needed. The main thing commanders should remember is that not everyone can be an effective COR. The CORs selected by the commander will set the tone for the success of the contract.

Commanders should hesitate before nominating key staff members or leaders as CORs. However, a marginally capable COR will cause more headaches and may place the mission at risk. Commanders should remember that every contract will inherently have problems; a capable COR can solve more than 95 percent of those problems.

Selecting the Right COR

The following are some key attributes of a capable COR.

• Is able to operate independently (has strong problem-solving and organizational abilities)
• Pays attention to detail and can juggle multiple projects
• Makes sound business decisions (demonstrates acquired business expertise or provides documentation of formal training)
• Communicates effectively (both verbally and in writing)
• Maintains high ethical standards
• Has basic knowledge of the service or supply provided in the contract

Commanders may nominate only US military personnel or Department of Defense (DoD) civilians as CORs. There is no minimum rank required to be a COR. Performance as a COR can demand much more time than normally expected from an additional duty. For some projects, being the COR is a primary duty. Some service contracts, depending upon their complexity, associated quality assurance surveillance plans, and evaluation standards, may require an assistant COR. In addition, each COR should have a designated alternate trained to fill in the gap when the primary COR is not available (due to mission, injury, or mid-tour leave).

The COR Position

The contracting officer is responsible for appointing (or designating) and providing contract-specific training to a COR nominee. This contract-specific training is in addition to the required COR training required by regulation or instruction.² (COR training requirements are laid out in Appendix 3.) If the contracting officer determines that a COR is required, he or she will notify the requiring unit of its responsibility to nominate an eligible person, usually with a memorandum signed by the unit commander.

COR training covers concepts such as responsibilities, ethics, product substitution and fraud, constructive changes and ratification, surveillance methods, surveillance reports, files and paperwork, and limits of authority for the specific contract. Currently, operations are driving COR training in predeployment as a unit readiness indicator. The Deputy Secretary of Defense memorandum dated 22 August 2008, "Monitoring Contract Performance in Contracts for Services," states.

Requiring activities shall…ensure that properly trained and ready CORs are assigned prior to contract award…. Where practicable, the requiring activity shall provide the COR nomination package to the contracting office as part of the purchase request.

CORs represent and assist the contracting officer with administering contracts. They do this by verifying the contractor's performance, inspecting the contractor's work, and maintaining liaison and direct communication with the contractor. CORs receive their COR authority only from the contracting officer, not from their chain of command.

COR appointments or designations remain in effect for the life of the contract unless they are terminated by the contracting officer before the contract ends. Termination may occur if a COR is reassigned to a different unit or performs unsatisfactorily.

Crossing Lines of Authority

The COR's role bridges the acquisition and functional communities. The commander has no command and control authority over contractor personnel or the duties a COR performs in support of a contract. Although the contract can require contractor personnel to abide by all guidance and obey all instructions and general orders applicable to US military personnel and DoD civilians, contractor personnel cannot be commanded. The contract's terms and conditions govern the relationship between contractor personnel and the government. Only the contracting officer has the authority to direct contractor personnel. In short, the commander must manage contractor personnel through the contracting process. Figure 1 illustrates the lines of command and contract authority.

Figure 1. Lines of Command and Contract Authority (above)

Notes

0. In this handbook, the term commander is used to refer to the commander or civilian equivalent. Top
0. Gordon England, Deputy Secretary of Defense, Memorandum, "Monitoring Contract Performance in Contracts for Services," 22 August, 2008. Top

Chapter Acronyms

COR – Contracting Officer's Representative

DoD – Department of Defense