11.5. Technical Representatives at Contractor Facilities
Program managers should maximize the use of Defense Contract Management Agency (DCMA) personnel at contractor facilities. The program manager should only assign technical representatives to a contractor's facility as necessary. Technical representatives shall not perform contract administration duties as outlined in Federal Acquisition Regulation (FAR) Section 42.302(a).
DCMA was established to perform contract administration for the Department of Defense. DCMA is expected to operate in an independent, consistent, transparent and collaborative manner while performing a wide variety of contract oversight functions. DCMA prioritizes and balances its Contract Management activities to reduce acquisition risk by focusing limited resources on the highest risk processes, products, and programs. DCMA’s mission is best achieved when there is open communication and teaming between DCMA and its acquisition partners and when there is a full understanding of all program risks and acquisition objectives.
While DFARS 242.202 allows for limited exceptions to DCMA performing contract administrative functions, it is not a prudent use of limited DoD resources for buying activities to duplicate the contract administration functions assigned to DCMA. Similarly, DCMA’s acquisition partners are not authorized to audit DCMA operations. In our constrained fiscal environment, organizations should not be expending precious funds to perform functions budgeted elsewhere by the Department. This duplication may create additional costs for Industry, and ultimately the Department; these are costs that we cannot afford.
Where a Program Manager determines that they require technical representatives at a contractor’s facility to perform non-contract administration service, technical duties, and to provide liaison, guidance, and assistance on systems and programs, per DFAR 242.74, the program manager may assign technical representatives following the procedures outlined in DFARS Procedures, Guidance, and Information (PGI ) 242.7401.
Per DFAR PGI 242.74, when the program, project, or system manager determines that a technical representative is required, the manager shall issue a letter of intent to the contract administration office commander listing the assignment location, starting and ending assignment dates, technical duties assigned, delegated authority, and support required from the contract administration office. Any issues regarding the assignment of a technical representative should be resolved promptly. However, final decision on the assignment remains with the program manager. Issues regarding the assignment of technical duties that cannot be resolved between the program office and the on-site DoD contract administration office will be elevated.
The program, project, or system manager will furnish the designated technical representative a letter of assignment of delegated technical duties, with copies to the contract administration office, the contracting officer, and the contractor, at least 30 days before the assignment date (or termination date). Any changes to the requirements of the assignment letter will be made by a new letter of intent and processed in accordance with paragraph (1) of this section.
The contract administration office normally provides the technical representative with office space, equipment, supplies, and part-time clerical support. The program, project, or system manager provides supervision, technical direction, administrative services (e.g., pay, travel, maintenance of personnel records), and, when required, full-time clerical support.
The program manager or designee and the contract administration office, at the local level, shall negotiate a memorandum of agreement (MOA) delineating their functional administrative interrelationships, with annual updates as necessary. The agreements may be included in an existing MOA, if one exists, or as a separate MOA.
The technical representative shall keep the contract administration office commander fully informed of matters discussed with the contractor. The contract administration office shall also keep the technical representative fully informed of contractor discussions that relate to technical matters within the purview of the technical representative's assigned duties.
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