Contract Administration

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2-4
INTRODUCTION TO POSTAWARD
ORIENTATIONS
Conducted in person, through correspondence, or by teleconIerencing, a
postaward orientation aids both the Government and the contractor in
achieving a clear and mutual understanding oI all contract requirements
and identiIying and resolving potential problems. It is neither a substitute
Ior the contractor`s understanding oI requirements at the time oIIers were
submitted, nor is it to be used to alter the Iinal agreement reached in any
negotiation leading to contract award.
As a planned, structured discussion between the Government and the con-
tractor, a postaward orientation Iocuses on:
Understanding the technical aspects oI the contract,
IdentiIying and resolving oversights,
Preventing problems,
Averting misunderstandings,
Determining how to solve problems that may occur later, and
Reaching agreement on common issues.
The contracting oIIicer decides whether a postaward orientation (and the
Iorm it might take) is necessary. Such orientations are especially encour-
aged to assist small, small disadvantaged, and women-owned small busi-
ness concerns. When used, a postaward orientation should be conducted
promptly aIter contract award to achieve maximum beneIits.
The steps in planning Ior a postaward orientation are charted on the next
page. Following the Ilowchart, each step is discussed in detail.
Purpose of Postaward
Orientations
Focus of Postaward
Orientations
Policy on Postaward
Orientations
FAR 42.501
Steps in Performance
CHAPTER 2
2-5
STEPS IN POSTAWARD ORIENTATION
PLANNING
1. Determine the need for a postaward
orientation.
Needed?
2-5. Plan, conduct, and document
postaward orientations.
6-8. Take any necessary follow-up action
(e.g., a contract modification).
9. Provide information on the contract to
interested parties.
10. Obtain any executed contractual
documents or bonds from the contractor within
time specified after award.
Yes
No
Ìnput: The contract and contract
administration plan.
POSTAWARD ORÌENTATÌON
2-6
POSTAWARD ORIENTATION PLANNING
For contracts awarded under simpliIied acquisition procedures or Ior the
acquisition oI commercial items or services, contractor perIormance and
its administration by the Government can begin smoothly and proceed
without incident.
Other contracts require immediate administrative action to ensure that per-
Iormance starts oII on the right track. Such action may signal the need Ior
a postaward orientation.
The success oI a postaward orientation rests on the contract administra-
tor`s ability to identiIy issues or concerns that may (or will) impact con-
tract perIormance. These are three steps to Iollow in identiIying issues or
concerns.
Identify a need to review specific key contract requirements and mi-
lestones. Postaward orientations are most vital when potential risks to the
contractor or the Government have not been addressed within the contract
itselI. In these cases, a postaward orientation identiIies these risks and
considers ways to reduce the probability oI their resulting in serious prob-
lems during contract perIormance.
Risk is diminished, Ior example, when the contract states that Govern-
ment-Iurnished Equipment (GFE) will be 'available 60 days aIter contract
award at the contractor`s plant.¨ Failure to do this presents an additional
risk iI the contractor assumed the GFE would be available within the Iirst
couple oI weeks oI contract perIormance. Were that the case, the Gov-
ernment`s Iailure to provide the GFE would delay and disrupt the contrac-
tor`s planned schedule. II the contract had not speciIied when and where
GFE would be delivered, it would be a discussion item Ior a postaward
orientation. You would want to learn when the contractor needed the
GFE, determine iI the Government could provide it at that time, and inves-
tigate what the impact would be iI it arrived at a later time.
Analyze any requirement identiIied Irom contract administration planning
to determine iI you really need some Iorm oI a postaward orientation.
Consider such issues as:
Did the contract Iully explain the requirement?
Would an incorrect interpretation oI a perIormance requirement
damage the Government?
2.1 Determine the
Need
FAR 42.502
IdentiIy PerIormance
Issues or Concerns
Step 1
Reduce or Eliminate
Risks
Analyzing Contract Re-
quirements
CHAPTER 2
2-7
Would potential problems endanger tight scheduling?
Do contract requirements rely on close interaction between Gov-
ernment and contractor personnel?
What is the extent oI any subcontracting requirements, and might
these be clariIied by a postaward subcontractor conIerence?
Are Iinancing arrangements given to complexities such as progress
or interim Iinancing payments?
Identify the need for a general briefing on one or more aspects of con-
tract administration. The postaward goals oI any contract are to assure
that supplies or services are:
Delivered or perIormed when and where speciIied in the contract,
Acceptable in terms oI conIorming to the contract`s speciIication
or statement oI work, and
Furnished in compliance with other terms and conditions oI the
contract.
Compliance with other terms and conditions includes requirements such
as:
Security classiIications and requirements,
Record-retention requirements,
Service Contract Act requirements,
Federal and state labor requirements, and
Federal policies on nondiscrimination because oI age.
Even though ignorance oI contract terms does not excuse responsibility
Ior complying with them, many contractors overlook the Iiner points oI a
requirement in the preaward stage. Postaward orientations ensure that a
contractor Iully understands all the details oI the Government`s require-
ment, including those incorporated by reIerence, that it agreed to perIorm
when it signed the contract.
Step 2
FAR 4.403
FAR Subpart 4.7
FAR Subpart 22.10
FAR 22.1001
FAR 22.1002
FAR Subpart 22.9
POSTAWARD ORÌENTATÌON
2-8
The extent oI inIormation provided or discussed at an orientation depends
on:
A contractor`s past experience with Government contracts (small,
small disadvantaged, and women-owned small business concerns
with little Government experience will generally need more guid-
ance); and
The degree oI diIIiculty encountered by experienced contractors on
similar requirements.
Exhibit 2-1 provides a menu oI items to consider in your analysis.
Document the decisions you make. Include the Exhibit 2-1 checklist as
a part oI your contract Iile. It provides an easy way to record the basis Ior
your decision to hold a postaward orientation. This is particularly impor-
tant iI you decide that you don`t want to hold an orientation. II things go
wrong later, it demonstrates that you exercised good judgment in your ear-
ly contract administration decisions. II you do hold a conIerence or con-
duct some other Iorm oI postaward orientation, you will supply additional
documentation to the Iile on these activities. See Section 2-8 below.
You may accomplish a postaward orientation in three ways:
Hold a Iace-to-Iace orientation conIerence when you believe the contrac-
tor does not have a clear understanding oI the:
Scope oI the contract,
Contract`s technical requirements, or
Rights and obligations oI the parties in any area.
Extent oI Orientation
Step 3
2.2 Determine the
Type of Orientation
Face-to-Face
FAR 42.502
CHAPTER 2
2-9
Exhibit 2-1
Should I Hold a Postaward Orientation ConIerence?
Some common considerations in deciding whether to hold a postaward orientation conIe-
rence are listed below. This checklist will help you crystallize your thoughts. The 'Yes¨
answers Iavor a conIerence.
Yes No
¸¸¸¸ ¸¸¸¸ Is this the contractor`s Iirst Government contract?
¸¸¸ ¸¸¸¸ Has the contractor had little or no previous experience with this type oI
product or service?
¸¸¸¸ ¸¸¸¸ II the contractor has had previous Government contracts, were an unusual
number oI problems associated with them?
¸¸¸¸¸ ¸¸¸¸ Can you Ioresee speciIic potential problems Ior this contract?
¸¸¸¸ ¸¸¸¸ Is any aspect oI this contract urgent or critical to the Government?
¸¸¸¸ ¸¸¸¸ Does the contract type require a relatively high degree oI administration?
¸¸¸¸ ¸¸¸¸ Is the requirement relatively complex and oI a relatively high-dollar val-
ue?
¸¸¸¸ ¸¸¸¸ Have you had little previous conversation with the contractor about this
contract? (In contrast, you may have had detailed conversations during an
onsite preaward survey or during negotiation sessions.)
¸¸¸¸ ¸¸¸¸ Is there any indication that misunderstandings exist?
¸¸¸¸ ¸¸¸¸ Does the procurement history oI the required supplies or services reveal
recurring problem areas?
¸¸¸¸ ¸¸¸¸ Is a lengthy production cycle planned?
¸¸¸¸ ¸¸¸¸ Does the contract involve spare parts and related equipment?
¸¸¸¸ ¸¸¸¸ Is the contractor a small, small disadvantaged, or women-owned business
concern?
¸¸¸¸ ¸¸¸¸ Is extensive subcontracting involved?
¸¸¸¸ ¸¸¸¸ Are saIety Iactors involved in the perIormance oI work?
¸¸¸¸ ¸¸¸¸ Are progress payments or other interim Iinancing arrangements involved?
¸¸¸¸ ¸¸¸¸ Can you anticipate contract changes that would require the contractor to
use specialized accounting procedures?
POSTAWARD ORÌENTATÌON
2-10
Generally, you can use a letter as an alternative to a Iormal postaward con-
Ierence when:
Only minor details need to be conveyed to the contractor,
The contractor has had previous experience in producing the items
or providing the services, and
The procurement is not particularly complex.
For example, a letter may suIIice iI you need only communicate speciIics
about onsite availability, instructions Ior paperwork submissions, or such
other Iairly straightIorward elements. You can include a notice oI the
COR`s/COTR`s designation within this letter as well.
Exhibit 2-2 provides a sample postaward orientation letter.
A telephone conIerence is usually suIIicient when:
You have had good prior experience with the contractor,
Matters Ior discussions are relatively straightIorward, or
You do not anticipate problems Ior good reasons.
A postaward orientation may represent a combination oI these methods.
You may have an uncomplicated procurement with a new contractor Ior
which perIormance is not required at your installation. In this case, espe-
cially iI the contractor is not located near your installation, you may Iind it
useIul to have a letter convey a Iew important points. You may also de-
cide to use a telephone conIerence to establish a personal working rela-
tionship.
Letter
FAR 42.504
Phone
Combining Orientation
Methods
CHAPTER 2
2-11
Exhibit 2-2 (continued on next page)
An Alternative: The Postaward Orientation Letter
TO: Gary Green, Project Manager, XYZ Power Co.
FROM: Al Jones, Contracting OIIicer
SUBJECT: Contract No. 104230-97-C-1234
To avoid any potential diIIiculties, I am writing to point out a requirement oI the subject con-
tract that has led to problems in other contracts. Also, I would like to clariIy the contract
completion date and identiIy the Government personnel who will play a role in the contract`s
administration.
To install the Iour pieces oI equipment required in contract line item #4, you will need to
have a power outage in the west wing oI Building 569, a heavily populated oIIice building.
Please note the paragraph 2.a(1) oI the statement oI work requires that this power outage take
place on Sunday, a Federal holiday, between the hours oI midnight and 6:00 a.m. In addi-
tion, paragraph 2.a(5) oI the statement oI work requires that you provide me with seven ca-
lendar days` notice oI your need Ior this outage. (Send the original notice to Mr. Smith
see below.)
The reason Ior the preceding requirement is that we have computers on-line 24 hours a day in
that wing oI the building, as well as other operations, that cannot be disrupted.
Since perIormance time is expressed in the contract as 120 calendar days aIter contract
award, I want to aIIirm the date Ior contract completion as January 30, 1997.
Mr. Howard Smith is my representative Ior the technical aspects oI this contract. According-
ly, he is reIerred to as the contracting oIIicer`s representative (COR). He is not authorized to
make any changes to the contract as written. He does have the authority to inspect and ac-
cept the equipment Ior the Government.
You will receive any change to the contract as an oIIicial modiIication signed by me or
another Government oIIicial.
POSTAWARD ORÌENTATÌON
2-12
Exhibit 2-2 (continued)
Once the need Ior an orientation is established, plan it careIully to make
certain that its goals are accomplished. Detailed planning is particularly
important when you use a Iormal postaward conIerence. It is also impor-
tant to plan what will be addressed in a letter or telephone orientation.
Addressing the steps listed in Exhibit 2-3 ensures that you are thoroughly
prepared Ior the orientation and have considered all potential problem
areas.
An Alternative: The Postaward Orientation Letter
The list below summarizes your paperwork submissions and identiIies the individuals to
whom you should send them:
Final quality control plan. Ms. Jane Doe
(You provided a draIt plan Quality Assurance
at the preaward survey.) Specialist
Dept. DEF - Room 829
Your Agency
123 Main Street
Our Town, PA 10000-9876
Request notice Ior the Mr. Howard Smith
power outage, request Plant Manager
Ior interim inspection Your Agency
required by paragraph Dept. XYZ - Room 117
10.a(7) oI the statement 123 Main Street
oI work, and technical Our Town, PA 10000-9876
reports required by
contract line item #7.
All other submissions Mr. Al Jones
and correspondence (in- Contracting OIIicer
including nontechnical Dept. ABC - Room 401
questions) should be Your Agency
addressed to me. 123 Main Street
Our Town, PA 10000-9876
Don`t hesitate to call me iI you want to discuss any aspect oI this contract. My telephone
number is 100-123-1234, and I`m usually in my oIIice between the hours oI 7:30 a.m. and
4:00 p.m.
2.3 Planning Orienta-
tions
CHAPTER 2
2-13
The Iollowing seven steps identiIy basic activities associated with plan-
ning a postaward orientation conIerence.
Prepare the Government`s position. You may recognize the need to
make judgments on issues such as:
Government-Iurnished property procedures (iI the contract does
not outline them),
Ambiguous or unclear contractual speciIications or clauses, or
Testing or quality control procedures (iI they are incomplete in the
contract or otherwise need to be supplemented).
Postaward problems in these areas might aIIect the quality oI the product
or work, cause delays in delivery, increase the scope oI work and cost, and
require a contract modiIication to remedy the situation.
Exhibit 2-3
Step 1
The Planning Process
Orientation Planning Tasks
Prepare the Government`s position and its understanding on key issues.
Prepare a conIerence agenda and determine the time and place Ior meeting.
Designate the Government`s participants and name the chairperson.
Traditionally the CO is the chairperson.
BrieI the Government`s chairperson and participants on their roles.
Provide the contractor with a copy oI the conIerence agenda.
Obtain the contractor`s response to the agenda.
Finalize the conIerence agenda.
POSTAWARD ORÌENTATÌON
2-14
ACQUISITION TEAM PLANNING
Recall that Joanne asked Eric to provide an agenda for a postaward orientation meeting
with Platform Industries. In doing so, Eric met with Harrv to isolate and iron out kev
technical and contractual issues and concerns that both felt would affect contract per-
formance.
During their meeting, Harrv pointed out the need for making sure that Platforms pursuit
of a performance specification effort was monitored effectivelv. He suggested that an
earlv understanding with Platform about reporting the results of its effort was verv
important, since anv deliverv orders for pallets had to await the successful completion of
the companvs effort to meet the performance functions set forth in the specification.
Eric expressed his concern about making sure that Platform understood the basis for the
issuance of deliverv orders under an indefinite-quantitv arrangement, and he wanted to
drive home the point that deliverv order schedules had to be met. Both Eric and Harrv
agreed that Platforms warrantv of fitness for a particular purpose was a front-burner
item that had to be stronglv reinforced.
To ensure reasonable monitoring of the contractors effort, Eric determined that Harrv
should have a contract administration role in representing the contracting officer as a
designated technical representative. Harrv agreed with this. Yet again, Eric reviewed
the contract clauses under FAR 52.212-4 to determine those that needed to be stressed
with Platform at a postaward orientation meeting.
Prepare the agenda and set the time and place for the conference. In-
clude in the agenda all matters needing clariIication or otherwise requiring
discussion with the contractor to avoid later misunderstandings.
Items Ior the agenda should consider:
Special contract clauses,
Critical milestones,
Contractor quality control procedures,
Contractor reporting requirements,
Billing and payment procedures,
Roles oI the Government`s contract administration team members,
and
Step 2
Possible Agenda Items
CHAPTER 2
2-15
Roles oI the contractor`s contract administration team members.
Use the checklist at Exhibit 2-4 as the basis Ior outlining your agenda.
The less complex the procurement, the more you will use the 'N/A¨ col-
umn. II necessary, add any item(s) that do not appear on the checklist.
Remember: Tailor your agenda to Iit the orientation`s needs. Discuss
those topics that are most important to reinIorcing mutual obligations and
contractor perIormance requirements.
Items that may only aIIect Government team members and not what the
contractor is required to do can be discussed at a separate in-house ses-
sion. (See Step 4.)
The complexity oI an agenda will inIluence the length oI any orientation.
In the case oI a conIerence, you may need to convene more than one ses-
sion. Resorting to multiple sessions, however, should occur only Ior the
most complex contracts. When an agenda addresses both high- and low-
priority items, it may be more eIIicient to cover the high-priority items at a
Iormal conIerence and deal with those oI lower priority via a teleconIe-
rence, letter, or Iacsimile transmission.
Time. There are really only two concerns about the timing oI the conIe-
rence:
Hold the conIerence as soon as possible aIter contract award.
Make sure the time is mutually agreeable beIore you Iirm it up.
Location. Be sensible in your choice oI a conIerence site. Certain loca-
tions will typically have advantages, Ior example:
Contract perIormance sites oIIer ready access to physical condi-
tions that may have a bearing on issues being discussed.
ConIerence rooms near or within your oIIice area oIIer conveni-
ence Ior your contract administration team`s busy schedule.
Sometimes you will have to analyze one site`s advantages relative to those
oI another to make the best choice. Try to minimize travel time Ior all
participants.
Tailor the Agenda
Length oI Orientation
When
FAR 42.501(d)
Where
POSTAWARD ORÌENTATÌON
2-16
BeIore you Iinalize your choice oI a site, determine the number oI contrac-
tor attendees and the number oI participants among your own contract
administration team. Make sure the site can accommodate the group`s
size.
Unless you can guarantee no interruptions, always discard the temptation
to have smaller conIerences in your own or the contracting oIIicer`s oI-
Iice. The convenience will not be worth the ill will and Irustration Ielt by
other attendees, both Government and contractor, Ior wasting their time
with your other unrelated business.
Number oI Attendees
Productive Versus
Convenient Sites
CHAPTER 2
2-17
Checklist/Record Ior Postaward Orientation ConIerence
PART Ì÷GENERAL
1. Contract No. 2. Total Amount 3. Type of Contract 4. Date of Conference
5. Preaward Survey?
YES NO
6. Contractor Name 7. Contractor Address
PART ÌÌ÷CONFEREES
1. Government 2. Contractor




PART ÌÌÌ÷CONFERENCE PROGRAM
Subject
Check if
applicable
Clause No.
if applicable
Significant conclusions, further action to be
taken (attach additional sheets if necessary
A. GENERAL
1. Function and authority of assigned
personnel

2. Routing of correspondence
3. Omissions or conflicting provisions
4. Other (specify)
B. REPORTS: PREPARATÌON AND
SUBMÌTTAL
1. Work progress

2. Financial
3. Other (specify)
C. SUBCONTRACTS
1. Consent to placement

2. Prime's responsibility for administration
3. Cost or pricing data
4. Source inspection
5. Other (specify)
D. SB, SDB, and WOSB Subcontracting
1. Contractual requirements

2. Program to facilitate
E. CONTRACT MODÌFÌCATÌONS
F. GOVERNMENT PROPERTY
1. Use of facilities and tooling

Exhibit 2-4 (continued on next page)
POSTAWARD ORÌENTATÌON
2-18
Checklist/Record Ior Postaward Orientation ConIerence
Subject
Check if
Applicable
Clause No.
if Applicable
Significant conclusions, further action to be
taken (attach additional sheets if necessary
2. Maintenance and preservation
3. Property procedure approval
4. Property disposal procedures
5. Other (specify)
G. SPECÌAL CLAUSES
1. Repricing

2. Liquidated damages
3. Government financing
4. Special tooling
5. Overtime
6. Bill of materials
7. Data rights
8. Warranties
9. Work performed at government instal-
lations

10. Other (specify)
H. GENERAL CLAUSES
1. Limitation of cost

2. Allowability of cost
3. Other (specify)
Ì. DELÌVERY SCHEDULES
J. TRANSPORTATÌON
K. ÌNVOÌCÌNG AND BÌLLÌNG
ÌNSTRUCTÌONS

l. PROCESSÌNG OF COST AND PRÌCE
PROPOSALS

M. LABOR
1. Actual and potential labor disputes

2. Davis-Bacon Act
3. Work Hours Act
4. Walsh-Healey Act
5. Copeland Anti-Kickback Act
Exhibit 2-4 (continued on next page)
CHAPTER 2
2-19
Checklist/Record Ior Postaward Orientation ConIerence
Subject
Check if
Applicable
Clause No.
if Applicable
Significant conclusions, further action to be
taken (attach additional sheets if necessary
N. QUALÌTY ASSURANCE AND
ENGÌNEERÌNG

1. Quality control system
2. Waivers and deviations
3. Drawing/design approval
4. Manuals
5. Preproduction sample
6. Qualifications and environmental tests
7. Ìnspection and acceptance
8. Specification interpretation
9. Laboratory facilities
10. Value engineering clause
11. Other (specify)
O. PRODUCTÌON
1. Production planning

2. Milestones and other monitoring
devices

3. Production surveillance
4. Safety
(Additional Notes)
Exhibit 2-4 (continued)
POSTAWARD ORÌENTATÌON
2-20
Designate Government participants to attend a preliminary meeting.
Invite Government representatives to attend who will interact with the
contractor during perIormance. Invite only people who will have a signiI-
icant role such as:
COR/COTR,
Program manager,
Project inspector,
Quality assurance specialist, and
Other appropriate subject matter experts.
One preliminary group meeting is usually suIIicient. However, iI you, the
ACO, anticipate lengthy discussions with one Government representative,
hold a separate one-on-one meeting with that person.
You might invite using organizations iI the work will take place in their
oIIice area and iI one oI their oIIice employees is not participating in
another capacity. II the conIerence would result in a discussion oI price or
cost issues, invite your cost/price analyst. For a smooth transition Irom
preaward to postaward when contract administration Iunctions are dele-
gated, invite the procuring contracting oIIicer. Questions might be raised
that only the procuring contracting oIIicer could answer adequately.
Brief Government participants on their roles. On larger contracts, it
may be useIul to hold a preliminary meeting with appropriate Government
personnel to ensure that the Government`s expectations are clearly ex-
pressed and understood. You may have some strong personalities on your
contract administration team. Emphasize who is in charge and chairing
the meeting. It is either you (the contract administrator) or the contracting
oIIicer. The COR/COTR might also chair the meeting iI the contract ad-
ministrator and the contracting oIIicer could not attend. Also, the COR/
COTR could chair a preliminary meeting covering only technical issues.
Final decisions aIIecting contract terms and conditions must be made by
the contracting oIIicer.
Distribute your contract administration plan at the preliminary meeting
and conduct a page-by-page review oI its contents. The purpose oI this
preliminary meeting, or individual brieIings, is to:
IdentiIy all actions that must be taken by the Government,
Step 3
Step 4
Purpose oI Internal
BrieIings
CHAPTER 2
2-21
Ensure that all Government personnel involved have a clear under-
standing oI the contract`s terms and conditions and their respective
responsibilities,
Establish a 'common Iront¨ relative to the contractor`s responsibil-
ities,
IdentiIy which Government participants will be making a presenta-
tion at the postaward orientation conIerence and restrict the time
and subject matter oI each, and
Otherwise Iinalize agenda items with Government participants.
HARRY`S CONTINUING CONCERN
Eric received a call from Harrv about an hour after their meeting. 'Im not left with a
warm, fu::v feeling, Eric, about the business of monitoring Platforms effort to get after
the procurements performance specification. I mean I can visit them periodicallv. After
all, their factorv is onlv 100 miles or so down the road. Mv concern runs to what
alternative methodologies thevll utili:e to conclude that thev have whipped the pallet
pliabilitv problem.`
'Well, I share vour concern,` Eric said, 'and perhaps we should have been more
specific about all this in Platforms contract. Actuallv, the contractors responsibilitv is
to meet the functional conditions of the spec. We didnt set forth anv specific reporting
or progress requirements about all that, except that meeting the specs functions was to
be done not later than 40 calendar davs after award.`
'Okav,` Mike foined in, 'but cant we fust ask Platform to provide us with a modest
written report on its progress, sav weeklv? I sure want to understand what thevre doing
and whv thevre doing it.`
Eric winced a bit and was quick to share his understanding. 'Hev, Im with vou, Mike,
on what vou want, but weve got a fixed-price arrangement here, and I cant require the
submission of anv information thats not set forth in the contract. Unless, of course, vou
want to pav for it.`
Mike took a deep breath. 'Were alreadv on the hook for a lot of bucks in this deal, Eric,
if it happens the wav we trust it will. Cant we fust ask Platform to stretch itself a bit in
accommodating our need to let us know what thevre doing?`
'Mavbe so,` responded Eric. 'Ill have to raise that one with Joanne and see what we
can do.`
POSTAWARD ORÌENTATÌON
2-22
Provide a copy of the agenda to the contractor. When you do this, ask
Ior Ieedback by a speciIic calendar date.
Obtain the contractor`s response to the agenda. II you don`t get a re-
sponse by the time you asked Ior Ieedback, provide the contractor with a
written or oral notice that the agenda provided earlier is Iinal. II the con-
tractor responds, discuss its input. Make changes to your agenda as neces-
sary. Provide the contractor and Government attendees with copies oI the
Iinal agenda.
Finalize the agenda. II preliminary conIerence discussions point out the
need Ior a possible change to the contract or to the Government`s normal
method oI operations, get agreement among appropriate Government per-
sonnel prior to the meeting. Also discuss and Iinalize the handling oI po-
tential problems you identiIy. You need to show a united Government
Iront at the orientation meeting.
Goals Ior conducting a postaward orientation, whether by letter, tele-
phone, or in person are the same. See Exhibit 2-5.
Exhibit 2-5
Any orientation conIerence agenda should permit a logical step-by-step
approach to IulIill its goals. The Iollowing six steps allow this to occur.
Step 5
Step 6
Step 7
2.4 Conduct the
Orientation
Your Orientation Goals
ClariIy any procedures to implement contract requirements smoothly.
ClariIy roles oI both Government and contractor key personnel.
Detail the more critical or complex requirements to ensure understanding.
Invite questions Irom the contractor on any requirement needing clariIication.
Steps to Attain Goals
CHAPTER 2
2-23
Introduce the participants. At the opening oI the conIerence, the chair-
person introduces each attendee by name and title, along with a one-
sentence explanation oI the role that person will play in contract adminis-
tration. You can detail these roles later, but Iirst make sure that that eve-
ryone knows who is speaking during the session. II you are the chair-
person and don`t know all the contractor`s attendees, ask the contractor to
make those introductions.
Explain the purpose of the conference. Go over the points outlined in
Exhibit 2-5, but also emphasize that the conIerence is not intended to
change or alter the contract in any way. Emphasize that the only way the
contract will be changed or altered is by a written modiIication signed by
the contracting oIIicer.
DoD publishes a post-award conIerence procedure program, outlined in
DD Form 1484, Post-Award ConIerence Record.
Summarize the roles of Government key personnel. ClariIy the limits,
authorities, roles, and responsibilities oI each Government representative.
Ask the contractor to advise the Government oI the roles, responsibilities,
limits, and authorities oI each contractor representative.
Emphasize that the contracting oIIicer is the Government`s agent to
change or alter the contract. Any exception to this must be speciIied
clearly. AIIirm that conIerence participants without authority to bind the
Government must take no action that in any way changes or alters the con-
tract.
Further advise the contractor that the Government is not obligated to make
any contract adjustments as a result oI an action taken by a Government
representative unless the action has been speciIically authorized in the rep-
resentative`s letter oI designation or by the contract itselI.
Provide general instructions. General contract administration instruc-
tions include inIormation necessary Ior the contractor to understand its
risks as well as the Government`s, and they address contractor responsibil-
ities Ior:
Management and supervision oI the work Iorce,
Protection and control oI Government property, data, and reports,
Compliance with contract clauses, and
Step 1
Step 2
FAR 42.503-2
DoD Post-award Proce-
dure
DFARS 242.503-2
DD Form 1484
Step 3
Step 4
POSTAWARD ORÌENTATÌON
2-24
Other appropriate areas oI concern.
Advise contractors oI the proper routing oI correspondence. Explain that
matters pertaining to technical perIormance may be addressed directly to
the COR/COTR or project oIIicer, but that matters pertaining to questions
oI Iact dealing with contractual terms and conditions must be sent to the
contracting oIIicer.
Provide the contractor with posters, notices, and other data. Labor law
implementation will sometimes require that the contractor post equal em-
ployment opportunity posters at the job site, including posters that outline
the rights oI handicapped persons. II the contract requires posting labor-
related notices, the Government is responsible Ior providing them. The
Government may also need to provide seniority lists Irom incumbent ser-
vice contractors ranking its current employees to new Iollow-on contrac-
tors Ior new service periods. OIten Government publications are listed as
Government-Iurnished material. Consider distributing these and other da-
ta you need to provide at this orientation conIerence.
Secure agreement on milestones or interpretation of terms and condi-
tions. For milestones that require the contractor`s input, seek the contrac-
tor`s agreement now. II you identiIied ambiguities in key contract terms
when drawing up your contract administration plan, get agreement on
these now. II not, emphasize signiIicant and critical terms. Key discus-
sion items would be any uncertainty about terms that would aIIect:
PerIormance,
Interim delivery, and
Payment.
During the conIerence, request any inIormation or response Irom the con-
tractor to ensure a mutually uniIorm understanding oI key terms and con-
ditions.
Step 5
FAR 22.805(b)
FAR 22.1020
FAR 22.1304
FAR 22.1404
Step 6
CHAPTER 2
2-25
IT NEVER HURTS TO ASK
When Eric took Harrvs continuing concern about the performance specification to
Joanne, the contracting officer threw the ball back to her contract administrator.
'Well,` she asked, 'whats vour recommendation about that?`
Eric was quick and decisive in his response. 'I sav we should ask Platform what its cus-
tomarv commercial practice is in reporting to its customers on dealing with a
performance spec. If the answer is favorable to Harrv, then lets record it in our post-
award orientation memo, and leave it at that. If the answer is unfavorable, then lets
press the issue and see if Platform will buv a reporting requirement, which Ill put
together for the meeting, at no cost to the government. In anv event, lets not agree to
pav for something until we exhaust all that we can do to bargain for a reasonable
deliverv from the contractor without increasing the price. Thats fust good business prac-
tice.`
Joanne flashed one of her infrequent smiles. 'Okav, Eric, lets do that. After all,
nothing ventured, nothing gained.`
Use any convenient Iormat Ior an orientation report as long as it contains
all the inIormation necessary to document the events oI the meeting.
Common key elements oI a report are contained in Exhibit 2-6.
Make sure that the contracting oIIicer, the COR/COTR, the contractor,
and others as appropriate, receive copies oI the report. Include a copy in
the contract Iile. II the contracting oIIicer does not write this report, it is a
good practice to have that person review it initially to ensure an awareness
2.5 Prepare Post-
award Orientation
Report
FAR 42.503-3
Key Elements oI a Postaward Orientation Report
The names and aIIiliations oI all participants.
The main points discussed and all agreements reached.
Areas requiring resolution.
Names oI participants assigned responsibility Ior Iurther actions.
Completion dates Ior the actions.
POSTAWARD ORÌENTATÌON
2-26
oI any problems or the need Ior Iuture action.
Exhibit 2-6
You may use DD Form 1484, Post-Award ConIerence Record, Ior the re-
port.
Exhibit 2-7 is an example oI a brieI memorandum that can be attached to
the checklist in Exhibit 2-4. It may also be used to record speciIic prob-
DoD Report Form
DFARS 242.503-3
DD Form 1484
Report Ior the Record
Report Ior the Record
February 1, 1997
I chaired a postaward orientation conIerence on Contract NO. ISR 97-2498-NR Ior repairs to
a conveyor system in the Federal Building on Main Street in Our Town, PA. A detailed list
oI the points we covered and the names oI those in attendance is attached to this record.
The most pressing problem that surIaced was that none oI the Government attendees knew
the location oI the Government-Iurnished replacement parts that the Government is to pro-
vide, per paragraph 1.2.3a oI the statement oI work. The building superintendent, Mr. How-
ard Ames, one oI the attendees, went back to check his records aIter the conIerence. He
advised me on this date that the parts in question had been ordered through the Federal
Supply Schedule and had not yet been received. Our supervisor oI simpliIied acquisition
procedures, Ms. Janet Doe, Iound the order (Order ISN 97-9424-SP) and advised me today
that the replacement parts were shipped on January 20, so Mr. Ames should be receiving
them any day.
Since the parts will not be needed until the second week in March, their near-term delivery is
not holding up perIormance.
Sam Smart
Contract Administrator
Concurred: Jane Justice
Contracting OIIicer
CHAPTER 2
2-27
lems resolved during the orientation.
Exhibit 2-7
Events that occur when the Government and the contractor discover a
point oI disagreement during an orientation conIerence reIlect the nature
oI the problem. A key Iactor is whether the problem can be resolved easi-
ly. Remember: Each contractual problem is diIIerent, and no one ap-
proach can be used to resolve every disagreement that may arise. In
general, Iour steps may be used to resolve points oI disagreement.
Document the contractor`s position in detail. During the conIerence,
delve into the reasons Ior the contractor`s position and include it in the
conIerence report. II disagreement results in an emotionally charged at-
mosphere, consider deIerring its resolution, but assure the contractor that
it will be resolved, iI possible. II the problem requires joint contractor/
Government problem solving, set up an early time Ior a separate meeting
with only those who need to be in attendance.
Take appropriate action to resolve the problem. Seek technical or le-
gal advice when necessary. Look at all possible solutions.
Select the best solution to the problem and seek agreement on it. It is
important that you resolve each issue in a Iair and equitable manner and as
quickly as possible. Although not always practicable, it is best to resolve
all problems beIore the contractor begins any work under the contract. In
seeking mutual agreement, your actions can include:
Further discussions with the contractor`s top management, or
Consideration and negotiation oI a contract modiIication.
When agreement cannot be reached, take appropriate unilateral ac-
tion. II a contract clause allows the contracting oIIicer to issue a unilater-
al modiIication, this action is a likely Government solution to the
stalemate.
2.6 Actions to Resolve
Disagreements on Key
Issues
Step 1
Step 2
Step 3
Step 4
FAR 43.103(b)
FAR Subpart 43.2
POSTAWARD ORÌENTATÌON
2-28
II a contract change seems necessary, you must clearly deIine the extent oI
the proposed change and implement it promptly. The contracting oIIicer
must sign a contract modiIication in all cases. Chapter 5 addresses con-
tract modiIications.
Include the conIerence report detailed in 2.5, above, as well as all other
material, correspondence, or actions Irom the postaward orientation.
In the event oI any subsequent disagreements with the contractor, this ma-
terial can be used to reconstruct Iacts and events as they occurred. A well-
documented contract Iile will identiIy and veriIy the Government`s initial
position on any perIormance problems that were anticipated during the
orientation or in the early steps oI implementation.
Provide any documentation to members oI your contract administration
team as well as the contractor when that inIormation aIIects their role in
contract perIormance.
You may also get requests Ior inIormation Irom other interested parties,
such as other companies that have proposed but were evaluated and de-
termined to be unsuccessIul oIIerors. Release oI any inIormation is sub-
ject to the Freedom oI InIormation Act (FOIA). Examples oI inIormation
you may not release are:
ClassiIied inIormation, and
Contractor`s proprietary data, including trade secrets.
Your agency will have an organization tasked with providing advice on
inIormation that is or is not releasable under FOIA. Your own procure-
ment organization may have a staII analyst to help you in these decisions.
FOIA imposes a response time on answering requests Ior inIormation. So
initiate action on them quickly.
You can Iind DoD`s FOIA procedures in DoDD 5400.7, DoD Freedom oI
InIormation Act Program, and DoD 5400.7-R, DoD Freedom oI InIorma-
tion Act Program.
2.7 Identify the Need
for Contract Modifi-
cations
FAR 43.103
FAR Subpart 43.2
2.8 Document the
Contract File
2.9 Provide Informa-
tion to Interested Par-
ties
FAR 24.202
DoD FOIA Policy
DoDD 5400.7
DoD 5400.7-R
DFARS 224.203
CHAPTER 2
2-29
Generally, nonconstruction contracts do not require payment or perIor-
mance bonds. The contracting oIIicer may include bonds in solicitations
Ior services under certain circumstances.
Another contract requirement may call Ior the submission oI insurance
certiIicates.
Since bonds and certiIicates oI insurance must be executed beIore perIor-
mance begins, the deadline Ior submission should be stated in the contract.
It is usually within 10 days aIter award. When bonds and certiI-icates are
required, request them immediately, normally in the letter accompanying
contract award. ReIerence the contract clause that requires the submission
and establish a time Ior receipt, iI the contract does not provide a date.
When you receive the Iorms, review them and, in the case oI bonds, check
the Treasury Department list to be sure the surety company has the requi-
site bonding authority. Bonding companies have limits on the amount
they may bond.
2.10 Obtain Executed
Contractual Docu-
ments, Bonds, or In-
surance
FAR 28.103
FAR 28.301
FAR 28.103-3
FAR 28.202
2-1
CHAPTER 2
POSTAWARD ORIENTATIONS
ASSESSING THE NEED TO GET STARTED
Joanne convened a morning meeting of the team for the pallet procurement in her office at eight
oclock. Knowing her penchant for timeliness, Eric arrived a bit earlv and found his boss on the
phone. Waiting outside her office, he looked over his notes and awaited the arrival of Harrv
Carmichael, the requiring activitvs technical representative for the procurement. Cradling a
cup of hot coffee in one hand and a folder of papers in the other, Harrv arrived a few minutes
after eight. After the two had exchanged amenities, Joanne appeared in the doorwav and sig-
naled for them to come in.
Seated at a conference table perpendicular to her desk, Joanne was quick to begin the meeting.
'Well, Eric,` she started, 'I see that vou and Harrv have met. He represents our customer or-
gani:ation for the pallet procurement, and hes the one thats been living with the expensive re-
placement problem for some time. We trust that we can do a good fob for him with this procure-
ment, and I wanted him here to listen to what vou came up with concerning the need for plan-
ning to administer our contract with Platform Industries. So, what have vou got to share with
us?`
Shuffling his papers while clearing his throat, Eric responded. 'The first thing I did, Joanne,
was read the contract file and take note of its terms and conditions relative to the requirement
for pallets.`
'Thats a start,` she interrupted, 'and what did vou find?`
'Actuallv, not verv much,` Eric retorted, 'that lends itself to what Ive alwavs considered to be
the basis for a comprehensive contract administration plan. Buving under FAR Part 12 stream-
lines the acquisition process and, or so it seems to me, we can minimi:e the need for anv in-
volved postaward administration.`
Harrv was quick to fump in. 'Whoa, Eric, are vou saving that we should let Platform Industries
run with the ball and then come see us if it scores? Weve got to do more than that or well end
up in the same mess we had with the last contractor, mostlv promises and few results that car-
ried a big price tag. Weve got to solve this pallet pliabilitv dilemma or all kinds of criticism
will fall on us.`
Peering at Eric, Joanne seemed to reflect Harrvs sentiment. 'Are vou suggesting a hands-off
posture for this one, Eric? And if so, what leads vou to believe the contractor can follow-
through without some handholding?`
POSTAWARD ORÌENTATÌON
2-2
Sensing he was off to a bad start, Eric tried to recover quicklv. 'Im suggesting nothing of the
sort. For starters, Im saving that the contract file, particularlv since it represents a FAR Part 12
acquisition, gives us good cause to abide bv some of the customarv commercial practices that
are inherent in the use of FAR 52.212-4. But not all of them.`
At this point, Harrv looked pu::led and fumped in. 'Youre wav ahead of me, Eric. I havent
the foggiest idea about what voure saving, and Im not anxious to mount some huge contract
administration effort with Platform Industries. After all, were not buving some exotic product
here, but we do have a considerable risk if this contractor fails to perform.`
'Lets get down to specifics, Eric,` said Joanne. 'What do we need, whv do we need it, and
whos going to do it in administering this contract?`
Eric leaned forward in his chair, looked at both Joanne and Harrv, and responded forthrightlv.
'First, we need to agree among ourselves, especiallv with Harrvs input, what it will take to
monitor Platforms implementation of the performance spec to see that were not running in cir-
cles. Second, we have to make certain, as much as we can, that before we issue anv deliverv or-
ders for pallets that the contractor has demonstrated an outcome that we can hold it to in terms
of the agreed-to warrantv of fitness for a particular purpose. Third, given what weve ascer-
tained about Platform meeting deliverv schedules, weve got to drive home the point that on-time
deliverv is essential.`
Joanne seemed to get the message. 'Sounds good to me, Eric, for starters. What do vou suggest
to get the ball rolling, and what do vou see for Harrv and his staff in all this?`
'I suggest that Harrv and I sit down,` said Eric, 'to isolate his concerns representing the user
communitv and mine from a contractual perspective. Then we assess those concerns in terms of
what the contract savs. Once weve done that, we can determine Harrvs role in the contract
administration process, shape a reasonable agenda for a postaward meeting with Platform In-
dustries, and get the fob underwav.`
Joanne looked at the technical representative and responded with a sense of finalitv. 'Is that
okav with vou, Harrv?` 'You bet'` he shot back. 'Better now than trving to figure it all out
later.`
'Do it Eric,` concluded his boss, 'and get back to me first thing tomorrow morning with an
agenda for a postaward meeting with Platform Industries.`
CHAPTER 2
2-3
COURSE LEARNING OBJECTIVES
At the end oI this course, you will be able to:
Overall: Conduct postaward orientations Ior contractors.
Individual:
2.1 Determine the need Ior a postaward orientation.
2.2 Determine the appropriate type oI orientation.
2.3 Plan an orientation.
2.4 Conduct an orientation.
2.5 Prepare a report on an orientation.
2.6 Select a course oI action when agreement on a key issue cannot be reached.
2.7 IdentiIy the need Ior unilateral or bilateral contract modiIications.
2.8 Document the contract Iile.
2.9 Provide contractual inIormation to interested parties.
2.10 Obtain Irom a contractor any executed contractual documents or bonds within the
time speciIied.
2-4
INTRODUCTION TO POSTAWARD
ORIENTATIONS
Conducted in person, through correspondence, or by teleconIerencing, a
postaward orientation aids both the Government and the contractor in
achieving a clear and mutual understanding oI all contract requirements
and identiIying and resolving potential problems. It is neither a substitute
Ior the contractor`s understanding oI requirements at the time oIIers were
submitted, nor is it to be used to alter the Iinal agreement reached in any
negotiation leading to contract award.
As a planned, structured discussion between the Government and the con-
tractor, a postaward orientation Iocuses on:
Understanding the technical aspects oI the contract,
IdentiIying and resolving oversights,
Preventing problems,
Averting misunderstandings,
Determining how to solve problems that may occur later, and
Reaching agreement on common issues.
The contracting oIIicer decides whether a postaward orientation (and the
Iorm it might take) is necessary. Such orientations are especially encour-
aged to assist small, small disadvantaged, and women-owned small busi-
ness concerns. When used, a postaward orientation should be conducted
promptly aIter contract award to achieve maximum beneIits.
The steps in planning Ior a postaward orientation are charted on the next
page. Following the Ilowchart, each step is discussed in detail.
Purpose of Postaward
Orientations
Focus of Postaward
Orientations
Policy on Postaward
Orientations
FAR 42.501
Steps in Performance
CHAPTER 2
2-5
STEPS IN POSTAWARD ORIENTATION
PLANNING
1. Determine the need for a postaward
orientation.
Needed?
2-5. Plan, conduct, and document
postaward orientations.
6-8. Take any necessary follow-up action
(e.g., a contract modification).
9. Provide information on the contract to
interested parties.
10. Obtain any executed contractual
documents or bonds from the contractor within
time specified after award.
Yes
No
Ìnput: The contract and contract
administration plan.
POSTAWARD ORÌENTATÌON
2-6
POSTAWARD ORIENTATION PLANNING
For contracts awarded under simpliIied acquisition procedures or Ior the
acquisition oI commercial items or services, contractor perIormance and
its administration by the Government can begin smoothly and proceed
without incident.
Other contracts require immediate administrative action to ensure that per-
Iormance starts oII on the right track. Such action may signal the need Ior
a postaward orientation.
The success oI a postaward orientation rests on the contract administra-
tor`s ability to identiIy issues or concerns that may (or will) impact con-
tract perIormance. These are three steps to Iollow in identiIying issues or
concerns.
Identify a need to review specific key contract requirements and mi-
lestones. Postaward orientations are most vital when potential risks to the
contractor or the Government have not been addressed within the contract
itselI. In these cases, a postaward orientation identiIies these risks and
considers ways to reduce the probability oI their resulting in serious prob-
lems during contract perIormance.
Risk is diminished, Ior example, when the contract states that Govern-
ment-Iurnished Equipment (GFE) will be 'available 60 days aIter contract
award at the contractor`s plant.¨ Failure to do this presents an additional
risk iI the contractor assumed the GFE would be available within the Iirst
couple oI weeks oI contract perIormance. Were that the case, the Gov-
ernment`s Iailure to provide the GFE would delay and disrupt the contrac-
tor`s planned schedule. II the contract had not speciIied when and where
GFE would be delivered, it would be a discussion item Ior a postaward
orientation. You would want to learn when the contractor needed the
GFE, determine iI the Government could provide it at that time, and inves-
tigate what the impact would be iI it arrived at a later time.
Analyze any requirement identiIied Irom contract administration planning
to determine iI you really need some Iorm oI a postaward orientation.
Consider such issues as:
Did the contract Iully explain the requirement?
Would an incorrect interpretation oI a perIormance requirement
damage the Government?
2.1 Determine the
Need
FAR 42.502
IdentiIy PerIormance
Issues or Concerns
Step 1
Reduce or Eliminate
Risks
Analyzing Contract Re-
quirements
CHAPTER 2
2-7
Would potential problems endanger tight scheduling?
Do contract requirements rely on close interaction between Gov-
ernment and contractor personnel?
What is the extent oI any subcontracting requirements, and might
these be clariIied by a postaward subcontractor conIerence?
Are Iinancing arrangements given to complexities such as progress
or interim Iinancing payments?
Identify the need for a general briefing on one or more aspects of con-
tract administration. The postaward goals oI any contract are to assure
that supplies or services are:
Delivered or perIormed when and where speciIied in the contract,
Acceptable in terms oI conIorming to the contract`s speciIication
or statement oI work, and
Furnished in compliance with other terms and conditions oI the
contract.
Compliance with other terms and conditions includes requirements such
as:
Security classiIications and requirements,
Record-retention requirements,
Service Contract Act requirements,
Federal and state labor requirements, and
Federal policies on nondiscrimination because oI age.
Even though ignorance oI contract terms does not excuse responsibility
Ior complying with them, many contractors overlook the Iiner points oI a
requirement in the preaward stage. Postaward orientations ensure that a
contractor Iully understands all the details oI the Government`s require-
ment, including those incorporated by reIerence, that it agreed to perIorm
when it signed the contract.
Step 2
FAR 4.403
FAR Subpart 4.7
FAR Subpart 22.10
FAR 22.1001
FAR 22.1002
FAR Subpart 22.9
POSTAWARD ORÌENTATÌON
2-8
The extent oI inIormation provided or discussed at an orientation depends
on:
A contractor`s past experience with Government contracts (small,
small disadvantaged, and women-owned small business concerns
with little Government experience will generally need more guid-
ance); and
The degree oI diIIiculty encountered by experienced contractors on
similar requirements.
Exhibit 2-1 provides a menu oI items to consider in your analysis.
Document the decisions you make. Include the Exhibit 2-1 checklist as
a part oI your contract Iile. It provides an easy way to record the basis Ior
your decision to hold a postaward orientation. This is particularly impor-
tant iI you decide that you don`t want to hold an orientation. II things go
wrong later, it demonstrates that you exercised good judgment in your ear-
ly contract administration decisions. II you do hold a conIerence or con-
duct some other Iorm oI postaward orientation, you will supply additional
documentation to the Iile on these activities. See Section 2-8 below.
You may accomplish a postaward orientation in three ways:
Hold a Iace-to-Iace orientation conIerence when you believe the contrac-
tor does not have a clear understanding oI the:
Scope oI the contract,
Contract`s technical requirements, or
Rights and obligations oI the parties in any area.
Extent oI Orientation
Step 3
2.2 Determine the
Type of Orientation
Face-to-Face
FAR 42.502
CHAPTER 2
2-9
Exhibit 2-1
Should I Hold a Postaward Orientation ConIerence?
Some common considerations in deciding whether to hold a postaward orientation conIe-
rence are listed below. This checklist will help you crystallize your thoughts. The 'Yes¨
answers Iavor a conIerence.
Yes No
¸¸¸¸ ¸¸¸¸ Is this the contractor`s Iirst Government contract?
¸¸¸ ¸¸¸¸ Has the contractor had little or no previous experience with this type oI
product or service?
¸¸¸¸ ¸¸¸¸ II the contractor has had previous Government contracts, were an unusual
number oI problems associated with them?
¸¸¸¸¸ ¸¸¸¸ Can you Ioresee speciIic potential problems Ior this contract?
¸¸¸¸ ¸¸¸¸ Is any aspect oI this contract urgent or critical to the Government?
¸¸¸¸ ¸¸¸¸ Does the contract type require a relatively high degree oI administration?
¸¸¸¸ ¸¸¸¸ Is the requirement relatively complex and oI a relatively high-dollar val-
ue?
¸¸¸¸ ¸¸¸¸ Have you had little previous conversation with the contractor about this
contract? (In contrast, you may have had detailed conversations during an
onsite preaward survey or during negotiation sessions.)
¸¸¸¸ ¸¸¸¸ Is there any indication that misunderstandings exist?
¸¸¸¸ ¸¸¸¸ Does the procurement history oI the required supplies or services reveal
recurring problem areas?
¸¸¸¸ ¸¸¸¸ Is a lengthy production cycle planned?
¸¸¸¸ ¸¸¸¸ Does the contract involve spare parts and related equipment?
¸¸¸¸ ¸¸¸¸ Is the contractor a small, small disadvantaged, or women-owned business
concern?
¸¸¸¸ ¸¸¸¸ Is extensive subcontracting involved?
¸¸¸¸ ¸¸¸¸ Are saIety Iactors involved in the perIormance oI work?
¸¸¸¸ ¸¸¸¸ Are progress payments or other interim Iinancing arrangements involved?
¸¸¸¸ ¸¸¸¸ Can you anticipate contract changes that would require the contractor to
use specialized accounting procedures?
POSTAWARD ORÌENTATÌON
2-10
Generally, you can use a letter as an alternative to a Iormal postaward con-
Ierence when:
Only minor details need to be conveyed to the contractor,
The contractor has had previous experience in producing the items
or providing the services, and
The procurement is not particularly complex.
For example, a letter may suIIice iI you need only communicate speciIics
about onsite availability, instructions Ior paperwork submissions, or such
other Iairly straightIorward elements. You can include a notice oI the
COR`s/COTR`s designation within this letter as well.
Exhibit 2-2 provides a sample postaward orientation letter.
A telephone conIerence is usually suIIicient when:
You have had good prior experience with the contractor,
Matters Ior discussions are relatively straightIorward, or
You do not anticipate problems Ior good reasons.
A postaward orientation may represent a combination oI these methods.
You may have an uncomplicated procurement with a new contractor Ior
which perIormance is not required at your installation. In this case, espe-
cially iI the contractor is not located near your installation, you may Iind it
useIul to have a letter convey a Iew important points. You may also de-
cide to use a telephone conIerence to establish a personal working rela-
tionship.
Letter
FAR 42.504
Phone
Combining Orientation
Methods
CHAPTER 2
2-11
Exhibit 2-2 (continued on next page)
An Alternative: The Postaward Orientation Letter
TO: Gary Green, Project Manager, XYZ Power Co.
FROM: Al Jones, Contracting OIIicer
SUBJECT: Contract No. 104230-97-C-1234
To avoid any potential diIIiculties, I am writing to point out a requirement oI the subject con-
tract that has led to problems in other contracts. Also, I would like to clariIy the contract
completion date and identiIy the Government personnel who will play a role in the contract`s
administration.
To install the Iour pieces oI equipment required in contract line item #4, you will need to
have a power outage in the west wing oI Building 569, a heavily populated oIIice building.
Please note the paragraph 2.a(1) oI the statement oI work requires that this power outage take
place on Sunday, a Federal holiday, between the hours oI midnight and 6:00 a.m. In addi-
tion, paragraph 2.a(5) oI the statement oI work requires that you provide me with seven ca-
lendar days` notice oI your need Ior this outage. (Send the original notice to Mr. Smith
see below.)
The reason Ior the preceding requirement is that we have computers on-line 24 hours a day in
that wing oI the building, as well as other operations, that cannot be disrupted.
Since perIormance time is expressed in the contract as 120 calendar days aIter contract
award, I want to aIIirm the date Ior contract completion as January 30, 1997.
Mr. Howard Smith is my representative Ior the technical aspects oI this contract. According-
ly, he is reIerred to as the contracting oIIicer`s representative (COR). He is not authorized to
make any changes to the contract as written. He does have the authority to inspect and ac-
cept the equipment Ior the Government.
You will receive any change to the contract as an oIIicial modiIication signed by me or
another Government oIIicial.
POSTAWARD ORÌENTATÌON
2-12
Exhibit 2-2 (continued)
Once the need Ior an orientation is established, plan it careIully to make
certain that its goals are accomplished. Detailed planning is particularly
important when you use a Iormal postaward conIerence. It is also impor-
tant to plan what will be addressed in a letter or telephone orientation.
Addressing the steps listed in Exhibit 2-3 ensures that you are thoroughly
prepared Ior the orientation and have considered all potential problem
areas.
An Alternative: The Postaward Orientation Letter
The list below summarizes your paperwork submissions and identiIies the individuals to
whom you should send them:
Final quality control plan. Ms. Jane Doe
(You provided a draIt plan Quality Assurance
at the preaward survey.) Specialist
Dept. DEF - Room 829
Your Agency
123 Main Street
Our Town, PA 10000-9876
Request notice Ior the Mr. Howard Smith
power outage, request Plant Manager
Ior interim inspection Your Agency
required by paragraph Dept. XYZ - Room 117
10.a(7) oI the statement 123 Main Street
oI work, and technical Our Town, PA 10000-9876
reports required by
contract line item #7.
All other submissions Mr. Al Jones
and correspondence (in- Contracting OIIicer
including nontechnical Dept. ABC - Room 401
questions) should be Your Agency
addressed to me. 123 Main Street
Our Town, PA 10000-9876
Don`t hesitate to call me iI you want to discuss any aspect oI this contract. My telephone
number is 100-123-1234, and I`m usually in my oIIice between the hours oI 7:30 a.m. and
4:00 p.m.
2.3 Planning Orienta-
tions
CHAPTER 2
2-13
The Iollowing seven steps identiIy basic activities associated with plan-
ning a postaward orientation conIerence.
Prepare the Government`s position. You may recognize the need to
make judgments on issues such as:
Government-Iurnished property procedures (iI the contract does
not outline them),
Ambiguous or unclear contractual speciIications or clauses, or
Testing or quality control procedures (iI they are incomplete in the
contract or otherwise need to be supplemented).
Postaward problems in these areas might aIIect the quality oI the product
or work, cause delays in delivery, increase the scope oI work and cost, and
require a contract modiIication to remedy the situation.
Exhibit 2-3
Step 1
The Planning Process
Orientation Planning Tasks
Prepare the Government`s position and its understanding on key issues.
Prepare a conIerence agenda and determine the time and place Ior meeting.
Designate the Government`s participants and name the chairperson.
Traditionally the CO is the chairperson.
BrieI the Government`s chairperson and participants on their roles.
Provide the contractor with a copy oI the conIerence agenda.
Obtain the contractor`s response to the agenda.
Finalize the conIerence agenda.
POSTAWARD ORÌENTATÌON
2-14
ACQUISITION TEAM PLANNING
Recall that Joanne asked Eric to provide an agenda for a postaward orientation meeting
with Platform Industries. In doing so, Eric met with Harrv to isolate and iron out kev
technical and contractual issues and concerns that both felt would affect contract per-
formance.
During their meeting, Harrv pointed out the need for making sure that Platforms pursuit
of a performance specification effort was monitored effectivelv. He suggested that an
earlv understanding with Platform about reporting the results of its effort was verv
important, since anv deliverv orders for pallets had to await the successful completion of
the companvs effort to meet the performance functions set forth in the specification.
Eric expressed his concern about making sure that Platform understood the basis for the
issuance of deliverv orders under an indefinite-quantitv arrangement, and he wanted to
drive home the point that deliverv order schedules had to be met. Both Eric and Harrv
agreed that Platforms warrantv of fitness for a particular purpose was a front-burner
item that had to be stronglv reinforced.
To ensure reasonable monitoring of the contractors effort, Eric determined that Harrv
should have a contract administration role in representing the contracting officer as a
designated technical representative. Harrv agreed with this. Yet again, Eric reviewed
the contract clauses under FAR 52.212-4 to determine those that needed to be stressed
with Platform at a postaward orientation meeting.
Prepare the agenda and set the time and place for the conference. In-
clude in the agenda all matters needing clariIication or otherwise requiring
discussion with the contractor to avoid later misunderstandings.
Items Ior the agenda should consider:
Special contract clauses,
Critical milestones,
Contractor quality control procedures,
Contractor reporting requirements,
Billing and payment procedures,
Roles oI the Government`s contract administration team members,
and
Step 2
Possible Agenda Items
CHAPTER 2
2-15
Roles oI the contractor`s contract administration team members.
Use the checklist at Exhibit 2-4 as the basis Ior outlining your agenda.
The less complex the procurement, the more you will use the 'N/A¨ col-
umn. II necessary, add any item(s) that do not appear on the checklist.
Remember: Tailor your agenda to Iit the orientation`s needs. Discuss
those topics that are most important to reinIorcing mutual obligations and
contractor perIormance requirements.
Items that may only aIIect Government team members and not what the
contractor is required to do can be discussed at a separate in-house ses-
sion. (See Step 4.)
The complexity oI an agenda will inIluence the length oI any orientation.
In the case oI a conIerence, you may need to convene more than one ses-
sion. Resorting to multiple sessions, however, should occur only Ior the
most complex contracts. When an agenda addresses both high- and low-
priority items, it may be more eIIicient to cover the high-priority items at a
Iormal conIerence and deal with those oI lower priority via a teleconIe-
rence, letter, or Iacsimile transmission.
Time. There are really only two concerns about the timing oI the conIe-
rence:
Hold the conIerence as soon as possible aIter contract award.
Make sure the time is mutually agreeable beIore you Iirm it up.
Location. Be sensible in your choice oI a conIerence site. Certain loca-
tions will typically have advantages, Ior example:
Contract perIormance sites oIIer ready access to physical condi-
tions that may have a bearing on issues being discussed.
ConIerence rooms near or within your oIIice area oIIer conveni-
ence Ior your contract administration team`s busy schedule.
Sometimes you will have to analyze one site`s advantages relative to those
oI another to make the best choice. Try to minimize travel time Ior all
participants.
Tailor the Agenda
Length oI Orientation
When
FAR 42.501(d)
Where
POSTAWARD ORÌENTATÌON
2-16
BeIore you Iinalize your choice oI a site, determine the number oI contrac-
tor attendees and the number oI participants among your own contract
administration team. Make sure the site can accommodate the group`s
size.
Unless you can guarantee no interruptions, always discard the temptation
to have smaller conIerences in your own or the contracting oIIicer`s oI-
Iice. The convenience will not be worth the ill will and Irustration Ielt by
other attendees, both Government and contractor, Ior wasting their time
with your other unrelated business.
Number oI Attendees
Productive Versus
Convenient Sites
CHAPTER 2
2-17
Checklist/Record Ior Postaward Orientation ConIerence
PART Ì÷GENERAL
1. Contract No. 2. Total Amount 3. Type of Contract 4. Date of Conference
5. Preaward Survey?
YES NO
6. Contractor Name 7. Contractor Address
PART ÌÌ÷CONFEREES
1. Government 2. Contractor




PART ÌÌÌ÷CONFERENCE PROGRAM
Subject
Check if
applicable
Clause No.
if applicable
Significant conclusions, further action to be
taken (attach additional sheets if necessary
A. GENERAL
1. Function and authority of assigned
personnel

2. Routing of correspondence
3. Omissions or conflicting provisions
4. Other (specify)
B. REPORTS: PREPARATÌON AND
SUBMÌTTAL
1. Work progress

2. Financial
3. Other (specify)
C. SUBCONTRACTS
1. Consent to placement

2. Prime's responsibility for administration
3. Cost or pricing data
4. Source inspection
5. Other (specify)
D. SB, SDB, and WOSB Subcontracting
1. Contractual requirements

2. Program to facilitate
E. CONTRACT MODÌFÌCATÌONS
F. GOVERNMENT PROPERTY
1. Use of facilities and tooling

Exhibit 2-4 (continued on next page)
POSTAWARD ORÌENTATÌON
2-18
Checklist/Record Ior Postaward Orientation ConIerence
Subject
Check if
Applicable
Clause No.
if Applicable
Significant conclusions, further action to be
taken (attach additional sheets if necessary
2. Maintenance and preservation
3. Property procedure approval
4. Property disposal procedures
5. Other (specify)
G. SPECÌAL CLAUSES
1. Repricing

2. Liquidated damages
3. Government financing
4. Special tooling
5. Overtime
6. Bill of materials
7. Data rights
8. Warranties
9. Work performed at government instal-
lations

10. Other (specify)
H. GENERAL CLAUSES
1. Limitation of cost

2. Allowability of cost
3. Other (specify)
Ì. DELÌVERY SCHEDULES
J. TRANSPORTATÌON
K. ÌNVOÌCÌNG AND BÌLLÌNG
ÌNSTRUCTÌONS

l. PROCESSÌNG OF COST AND PRÌCE
PROPOSALS

M. LABOR
1. Actual and potential labor disputes

2. Davis-Bacon Act
3. Work Hours Act
4. Walsh-Healey Act
5. Copeland Anti-Kickback Act
Exhibit 2-4 (continued on next page)
CHAPTER 2
2-19
Checklist/Record Ior Postaward Orientation ConIerence
Subject
Check if
Applicable
Clause No.
if Applicable
Significant conclusions, further action to be
taken (attach additional sheets if necessary
N. QUALÌTY ASSURANCE AND
ENGÌNEERÌNG

1. Quality control system
2. Waivers and deviations
3. Drawing/design approval
4. Manuals
5. Preproduction sample
6. Qualifications and environmental tests
7. Ìnspection and acceptance
8. Specification interpretation
9. Laboratory facilities
10. Value engineering clause
11. Other (specify)
O. PRODUCTÌON
1. Production planning

2. Milestones and other monitoring
devices

3. Production surveillance
4. Safety
(Additional Notes)
Exhibit 2-4 (continued)
POSTAWARD ORÌENTATÌON
2-20
Designate Government participants to attend a preliminary meeting.
Invite Government representatives to attend who will interact with the
contractor during perIormance. Invite only people who will have a signiI-
icant role such as:
COR/COTR,
Program manager,
Project inspector,
Quality assurance specialist, and
Other appropriate subject matter experts.
One preliminary group meeting is usually suIIicient. However, iI you, the
ACO, anticipate lengthy discussions with one Government representative,
hold a separate one-on-one meeting with that person.
You might invite using organizations iI the work will take place in their
oIIice area and iI one oI their oIIice employees is not participating in
another capacity. II the conIerence would result in a discussion oI price or
cost issues, invite your cost/price analyst. For a smooth transition Irom
preaward to postaward when contract administration Iunctions are dele-
gated, invite the procuring contracting oIIicer. Questions might be raised
that only the procuring contracting oIIicer could answer adequately.
Brief Government participants on their roles. On larger contracts, it
may be useIul to hold a preliminary meeting with appropriate Government
personnel to ensure that the Government`s expectations are clearly ex-
pressed and understood. You may have some strong personalities on your
contract administration team. Emphasize who is in charge and chairing
the meeting. It is either you (the contract administrator) or the contracting
oIIicer. The COR/COTR might also chair the meeting iI the contract ad-
ministrator and the contracting oIIicer could not attend. Also, the COR/
COTR could chair a preliminary meeting covering only technical issues.
Final decisions aIIecting contract terms and conditions must be made by
the contracting oIIicer.
Distribute your contract administration plan at the preliminary meeting
and conduct a page-by-page review oI its contents. The purpose oI this
preliminary meeting, or individual brieIings, is to:
IdentiIy all actions that must be taken by the Government,
Step 3
Step 4
Purpose oI Internal
BrieIings
CHAPTER 2
2-21
Ensure that all Government personnel involved have a clear under-
standing oI the contract`s terms and conditions and their respective
responsibilities,
Establish a 'common Iront¨ relative to the contractor`s responsibil-
ities,
IdentiIy which Government participants will be making a presenta-
tion at the postaward orientation conIerence and restrict the time
and subject matter oI each, and
Otherwise Iinalize agenda items with Government participants.
HARRY`S CONTINUING CONCERN
Eric received a call from Harrv about an hour after their meeting. 'Im not left with a
warm, fu::v feeling, Eric, about the business of monitoring Platforms effort to get after
the procurements performance specification. I mean I can visit them periodicallv. After
all, their factorv is onlv 100 miles or so down the road. Mv concern runs to what
alternative methodologies thevll utili:e to conclude that thev have whipped the pallet
pliabilitv problem.`
'Well, I share vour concern,` Eric said, 'and perhaps we should have been more
specific about all this in Platforms contract. Actuallv, the contractors responsibilitv is
to meet the functional conditions of the spec. We didnt set forth anv specific reporting
or progress requirements about all that, except that meeting the specs functions was to
be done not later than 40 calendar davs after award.`
'Okav,` Mike foined in, 'but cant we fust ask Platform to provide us with a modest
written report on its progress, sav weeklv? I sure want to understand what thevre doing
and whv thevre doing it.`
Eric winced a bit and was quick to share his understanding. 'Hev, Im with vou, Mike,
on what vou want, but weve got a fixed-price arrangement here, and I cant require the
submission of anv information thats not set forth in the contract. Unless, of course, vou
want to pav for it.`
Mike took a deep breath. 'Were alreadv on the hook for a lot of bucks in this deal, Eric,
if it happens the wav we trust it will. Cant we fust ask Platform to stretch itself a bit in
accommodating our need to let us know what thevre doing?`
'Mavbe so,` responded Eric. 'Ill have to raise that one with Joanne and see what we
can do.`
POSTAWARD ORÌENTATÌON
2-22
Provide a copy of the agenda to the contractor. When you do this, ask
Ior Ieedback by a speciIic calendar date.
Obtain the contractor`s response to the agenda. II you don`t get a re-
sponse by the time you asked Ior Ieedback, provide the contractor with a
written or oral notice that the agenda provided earlier is Iinal. II the con-
tractor responds, discuss its input. Make changes to your agenda as neces-
sary. Provide the contractor and Government attendees with copies oI the
Iinal agenda.
Finalize the agenda. II preliminary conIerence discussions point out the
need Ior a possible change to the contract or to the Government`s normal
method oI operations, get agreement among appropriate Government per-
sonnel prior to the meeting. Also discuss and Iinalize the handling oI po-
tential problems you identiIy. You need to show a united Government
Iront at the orientation meeting.
Goals Ior conducting a postaward orientation, whether by letter, tele-
phone, or in person are the same. See Exhibit 2-5.
Exhibit 2-5
Any orientation conIerence agenda should permit a logical step-by-step
approach to IulIill its goals. The Iollowing six steps allow this to occur.
Introduce the participants. At the opening oI the conIerence, the chair-
person introduces each attendee by name and title, along with a one-
sentence explanation oI the role that person will play in contract adminis-
tration. You can detail these roles later, but Iirst make sure that that eve-
Step 5
Step 6
Step 7
2.4 Conduct the
Orientation
Your Orientation Goals
ClariIy any procedures to implement contract requirements smoothly.
ClariIy roles oI both Government and contractor key personnel.
Detail the more critical or complex requirements to ensure understanding.
Invite questions Irom the contractor on any requirement needing clariIication.
Steps to Attain Goals
Step 1
CHAPTER 2
2-23
ryone knows who is speaking during the session. II you are the chair-
person and don`t know all the contractor`s attendees, ask the contractor to
make those introductions.
Explain the purpose of the conference. Go over the points outlined in
Exhibit 2-5, but also emphasize that the conIerence is not intended to
change or alter the contract in any way. Emphasize that the only way the
contract will be changed or altered is by a written modiIication signed by
the contracting oIIicer.
DoD publishes a post-award conIerence procedure program, outlined in
DD Form 1484, Post-Award ConIerence Record.
Summarize the roles of Government key personnel. ClariIy the limits,
authorities, roles, and responsibilities oI each Government representative.
Ask the contractor to advise the Government oI the roles, responsibilities,
limits, and authorities oI each contractor representative.
Emphasize that the contracting oIIicer is the Government`s agent to
change or alter the contract. Any exception to this must be speciIied
clearly. AIIirm that conIerence participants without authority to bind the
Government must take no action that in any way changes or alters the con-
tract.
Further advise the contractor that the Government is not obligated to make
any contract adjustments as a result oI an action taken by a Government
representative unless the action has been speciIically authorized in the rep-
resentative`s letter oI designation or by the contract itselI.
Provide general instructions. General contract administration instruc-
tions include inIormation necessary Ior the contractor to understand its
risks as well as the Government`s, and they address contractor responsibil-
ities Ior:
Management and supervision oI the work Iorce,
Protection and control oI Government property, data, and reports,
Compliance with contract clauses, and
Other appropriate areas oI concern.
Advise contractors oI the proper routing oI correspondence. Explain that
matters pertaining to technical perIormance may be addressed directly to
Step 2
FAR 42.503-2
DoD Post-award Proce-
dure
DFARS 242.503-2
DD Form 1484
Step 3
Step 4
POSTAWARD ORÌENTATÌON
2-24
the COR/COTR or project oIIicer, but that matters pertaining to questions
oI Iact dealing with contractual terms and conditions must be sent to the
contracting oIIicer.
Provide the contractor with posters, notices, and other data. Labor law
implementation will sometimes require that the contractor post equal em-
ployment opportunity posters at the job site, including posters that outline
the rights oI handicapped persons. II the contract requires posting labor-
related notices, the Government is responsible Ior providing them. The
Government may also need to provide seniority lists Irom incumbent ser-
vice contractors ranking its current employees to new Iollow-on contrac-
tors Ior new service periods. OIten Government publications are listed as
Government-Iurnished material. Consider distributing these and other da-
ta you need to provide at this orientation conIerence.
Secure agreement on milestones or interpretation of terms and condi-
tions. For milestones that require the contractor`s input, seek the contrac-
tor`s agreement now. II you identiIied ambiguities in key contract terms
when drawing up your contract administration plan, get agreement on
these now. II not, emphasize signiIicant and critical terms. Key discus-
sion items would be any uncertainty about terms that would aIIect:
PerIormance,
Interim delivery, and
Payment.
During the conIerence, request any inIormation or response Irom the con-
tractor to ensure a mutually uniIorm understanding oI key terms and con-
ditions.
IT NEVER HURTS TO ASK
Step 5
FAR 22.805(b)
FAR 22.1020
FAR 22.1304
FAR 22.1404
Step 6
CHAPTER 2
2-25
When Eric took Harrvs continuing concern about the performance specification to
Joanne, the contracting officer threw the ball back to her contract administrator.
'Well,` she asked, 'whats vour recommendation about that?`
Eric was quick and decisive in his response. 'I sav we should ask Platform what its cus-
tomarv commercial practice is in reporting to its customers on dealing with a
performance spec. If the answer is favorable to Harrv, then lets record it in our post-
award orientation memo, and leave it at that. If the answer is unfavorable, then lets
press the issue and see if Platform will buv a reporting requirement, which Ill put
together for the meeting, at no cost to the government. In anv event, lets not agree to
pav for something until we exhaust all that we can do to bargain for a reasonable
deliverv from the contractor without increasing the price. Thats fust good business prac-
tice.`
Joanne flashed one of her infrequent smiles. 'Okav, Eric, lets do that. After all,
nothing ventured, nothing gained.`
Use any convenient Iormat Ior an orientation report as long as it contains
all the inIormation necessary to document the events oI the meeting.
Common key elements oI a report are contained in Exhibit 2-6.
Make sure that the contracting oIIicer, the COR/COTR, the contractor,
and others as appropriate, receive copies oI the report. Include a copy in
the contract Iile. II the contracting oIIicer does not write this report, it is a
good practice to have that person review it initially to ensure an awareness
oI any problems or the need Ior Iuture action.
Exhibit 2-6
2.5 Prepare Post-
award Orientation
Report
FAR 42.503-3
Key Elements oI a Postaward Orientation Report
The names and aIIiliations oI all participants.
The main points discussed and all agreements reached.
Areas requiring resolution.
Names oI participants assigned responsibility Ior Iurther actions.
Completion dates Ior the actions.
POSTAWARD ORÌENTATÌON
2-26
You may use DD Form 1484, Post-Award ConIerence Record, Ior the re-
port.
Exhibit 2-7 is an example oI a brieI memorandum that can be attached to
the checklist in Exhibit 2-4. It may also be used to record speciIic prob-
lems resolved during the orientation.
Exhibit 2-7
DoD Report Form
DFARS 242.503-3
DD Form 1484
Report Ior the Record
Report Ior the Record
February 1, 1997
I chaired a postaward orientation conIerence on Contract NO. ISR 97-2498-NR Ior repairs to
a conveyor system in the Federal Building on Main Street in Our Town, PA. A detailed list
oI the points we covered and the names oI those in attendance is attached to this record.
The most pressing problem that surIaced was that none oI the Government attendees knew
the location oI the Government-Iurnished replacement parts that the Government is to pro-
vide, per paragraph 1.2.3a oI the statement oI work. The building superintendent, Mr. How-
ard Ames, one oI the attendees, went back to check his records aIter the conIerence. He
advised me on this date that the parts in question had been ordered through the Federal
Supply Schedule and had not yet been received. Our supervisor oI simpliIied acquisition
procedures, Ms. Janet Doe, Iound the order (Order ISN 97-9424-SP) and advised me today
that the replacement parts were shipped on January 20, so Mr. Ames should be receiving
them any day.
Since the parts will not be needed until the second week in March, their near-term delivery is
not holding up perIormance.
Sam Smart
Contract Administrator
Concurred: Jane Justice
Contracting OIIicer
CHAPTER 2
2-27
Events that occur when the Government and the contractor discover a
point oI disagreement during an orientation conIerence reIlect the nature
oI the problem. A key Iactor is whether the problem can be resolved easi-
ly. Remember: Each contractual problem is diIIerent, and no one ap-
proach can be used to resolve every disagreement that may arise. In
general, Iour steps may be used to resolve points oI disagreement.
Document the contractor`s position in detail. During the conIerence,
delve into the reasons Ior the contractor`s position and include it in the
conIerence report. II disagreement results in an emotionally charged at-
mosphere, consider deIerring its resolution, but assure the contractor that
it will be resolved, iI possible. II the problem requires joint contractor/
Government problem solving, set up an early time Ior a separate meeting
with only those who need to be in attendance.
Take appropriate action to resolve the problem. Seek technical or le-
gal advice when necessary. Look at all possible solutions.
Select the best solution to the problem and seek agreement on it. It is
important that you resolve each issue in a Iair and equitable manner and as
quickly as possible. Although not always practicable, it is best to resolve
all problems beIore the contractor begins any work under the contract. In
seeking mutual agreement, your actions can include:
Further discussions with the contractor`s top management, or
Consideration and negotiation oI a contract modiIication.
When agreement cannot be reached, take appropriate unilateral ac-
tion. II a contract clause allows the contracting oIIicer to issue a unilater-
al modiIication, this action is a likely Government solution to the
stalemate.
II a contract change seems necessary, you must clearly deIine the extent oI
the proposed change and implement it promptly. The contracting oIIicer
must sign a contract modiIication in all cases. Chapter 5 addresses con-
tract modiIications.
2.6 Actions to Resolve
Disagreements on Key
Issues
Step 1
Step 2
Step 3
Step 4
FAR 43.103(b)
FAR Subpart 43.2
2.7 Identify the Need
for Contract Modifi-
cations
FAR 43.103
FAR Subpart 43.2
POSTAWARD ORÌENTATÌON
2-28
Include the conIerence report detailed in 2.5, above, as well as all other
material, correspondence, or actions Irom the postaward orientation.
In the event oI any subsequent disagreements with the contractor, this ma-
terial can be used to reconstruct Iacts and events as they occurred. A well-
documented contract Iile will identiIy and veriIy the Government`s initial
position on any perIormance problems that were anticipated during the
orientation or in the early steps oI implementation.
Provide any documentation to members oI your contract administration
team as well as the contractor when that inIormation aIIects their role in
contract perIormance.
You may also get requests Ior inIormation Irom other interested parties,
such as other companies that have proposed but were evaluated and de-
termined to be unsuccessIul oIIerors. Release oI any inIormation is sub-
ject to the Freedom oI InIormation Act (FOIA). Examples oI inIormation
you may not release are:
ClassiIied inIormation, and
Contractor`s proprietary data, including trade secrets.
Your agency will have an organization tasked with providing advice on
inIormation that is or is not releasable under FOIA. Your own procure-
ment organization may have a staII analyst to help you in these decisions.
FOIA imposes a response time on answering requests Ior inIormation. So
initiate action on them quickly.
You can Iind DoD`s FOIA procedures in DoDD 5400.7, DoD Freedom oI
InIormation Act Program, and DoD 5400.7-R, DoD Freedom oI InIorma-
tion Act Program.
2.8 Document the
Contract File
2.9 Provide Informa-
tion to Interested Par-
ties
FAR 24.202
DoD FOIA Policy
DoDD 5400.7
DoD 5400.7-R
DFARS 224.203
CHAPTER 2
2-29
Generally, nonconstruction contracts do not require payment or perIor-
mance bonds. The contracting oIIicer may include bonds in solicitations
Ior services under certain circumstances.
Another contract requirement may call Ior the submission oI insurance
certiIicates.
Since bonds and certiIicates oI insurance must be executed beIore perIor-
mance begins, the deadline Ior submission should be stated in the contract.
It is usually within 10 days aIter award. When bonds and certiI-icates are
required, request them immediately, normally in the letter accompanying
contract award. ReIerence the contract clause that requires the submission
and establish a time Ior receipt, iI the contract does not provide a date.
When you receive the Iorms, review them and, in the case oI bonds, check
the Treasury Department list to be sure the surety company has the requi-
site bonding authority. Bonding companies have limits on the amount
they may bond.
2.10 Obtain Executed
Contractual Docu-
ments, Bonds, or In-
surance
FAR 28.103
FAR 28.301
FAR 28.103-3
FAR 28.202
3-1
CHAPTER 3
BASIC PROCEDURES FOR SUCCESSFUL
PERFORMANCE MONITORING
MONITORING THE PALLET PROCUREMENT
After a brief period on the fob, Eric had been assigned responsibilitv for monitoring the perfor-
mance of nine contracts, one of which was the pallet procurement awarded to Platform Indus-
tries. Having met with Joanne to discuss her expectations of how he should undertake his
expanded responsibilitv, he decided to unscramble some notes he had taken at their meeting.
Joanne had provided Eric with a good deal to think about. As he worked to put his notes in
some reasonable order, he listed the following points as a summarv of their conversation.
Monitoring contractor performance comes in a varietv of si:es, not everv contract re-
quires the same amount of effort.
When all else fails and people start pointing fingers in several different directions, its
time to go back and read the contract.
Contractors are frequentlv unaware that what the big print giveth in a Government con-
tract the small print can taketh awav.
Anv contract of anv si:e should have a contract administration plan, some mav be less
than a page in length, and others mav be of considerable si:e.
Keep the contract administration team advised about contractor performance and a con-
tracts status.
Make certain that technical and other support personnel understand the limitations of
anv delegated authorities.
Remember that it takes two to tango, consider the contractor a partner, even though one
at arms-length.
Eric felt fortified with some good, basic maxims. 'Right from the mouth of one` he said to
himself, 'who has the experience and insights.`
Reflecting on the pallet procurement, he took out the record of the postaward orientation confe-
rence with Platform Industries. It seemed to be a good tool to use for assessing the need to
mon-itor the contractors performance. Having used the procedures of FAR Parts 12 and 15 to
acquire the pallets, Eric knew that he could streamline the contract administration process.

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