Appendix E – FAC-COR Appointment Letter Template

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This memorandum appoints you as the Contracting Officer’s Representative (COR)8 with respect to technical matters within the scope of the contractual instrument referenced above.  As such, you are authorized to act on behalf of this office in all matters related to the monitoring and oversight of the technical and programmatic aspects of the contract, subject to the limitations set forth in this appointment.

This appointment specifically authorizes you to perform the following duties:

• Serve as the primary liaison between the contractor and the Contracting Officer9;
• Ensure consistency among multiple CORs under a single contract when providing guidance to the contractor and evaluating the contractor’s performance; 
• Maintain a complete working file for the assigned contractual instrument;
•  Monitor and evaluate the contractor’s performance and make timely reports of your findings to the Contracting Officer;
•  Complete interim and final evaluations of the contractor’s performance under the instrument (see Page 33 for proposed schedule for assessments);
•  Provide the Contracting Officer with copies of all of your written correspondence (including electronic communications) with the contractor;
•  Inform the Contracting Officer of substantive oral communications (e.g., telephone conversations) with the contractor and provide notes and/or summaries of them as requested;
•  Inspect and evaluate products (including reports and drafts) and services delivered by the contractor, and make recommendations to the Contracting Officer regarding their acceptability;
•  Review and approve/reject contractor’s invoices (fixed-price contracts) or vouchers (cost-reimbursement type contracts);
•  Monitor the contractor’s use of key personnel and notify the Contracting Officer of any changes in key personnel proposed by the contractor;
•  Review the qualifications of proposed subcontractors and the appropriateness of subcontracting contract work, and make recommendations to the Contracting Officer regarding consent to the placement of subcontracts;
•  Provide the contractor with, monitor the use of, and report on Government-furnished property;
•  Provide technical guidance to the contractor;
•  Promptly notify the Contracting Officer immediately of any:
  • Actual or potential contractor performance problems;
  • Action or inaction by HHS StaffDiv/OPDIV personnel that may affect the contractor’s ability to perform; and
  • Inappropriate action on the part of HHS StaffDiv/OPDIV personnel with regard to the contract (e.g., any action that creates a conflict of interest on the part of the contractor or causes the contractor to perform inherently governmental functions).  The COR should concurrently notify the program office of any such action.
• As requested by the Contracting Officer, provide him/her with technical assistance on contract-related matters (e.g., disputes, settlements, litigation, patent and copyright issues, final payment during closeout, etc.); 
• Provide timely reports on contractor performance to the Contracting Officer and other interested parties; and 
• Ensure proper distribution of final products and other information resulting from the contract. 

This appointment does not authorize you to take any action that requires a Contracting Officer’s warrant, including:

• Changing any of the contract’s terms and conditions;
• Directing the contractor to perform work or make deliveries not specifically required under the contract; 
• Waiving or relaxing, in any way, the Government’s rights with regard to the Contractor’s compliance with the specifications, price, delivery or any other terms or conditions of the contract; and,
•  Making any commitments or approving any actions that would create any financial obligation on the part of the Government. 

As a COR, you are responsible for maintaining an active FAC-COR certification.  During the performance of this contract, please provide the Contracting Officer with certification updates.  Contingent on you maintaining an active FAC-COR certification, the period of this appointment shall be from the date of this memorandum until the completion of the contract (including the submission of all required close-out documentation to the Contracting Officer), unless otherwise revoked or canceled, in writing, by the Contracting Officer.  If the appointment is revoked for any reason before completion of this contract or if your FAC-COR certification is not maintained, you shall turn over all contract-related information in your possession, at the time of revocation, to the successor COR or make other dispositions as directed by the Contracting Officer.  You may not transfer this appointment or any authority provided by it to a successor COR.

One of your duties as the appointed COR under this contract is to complete interim and final past performance assessments of the contractor’s performance under this contract.  As specified in the Department’s Acquisition Policy Memorandum 2009-07 dated December 23, 2009, I propose the following schedule for the assessments.  If you have any concerns with the proposed schedule, please contact me in writing providing any objections or comments on the schedule, and proposing an alternative schedule.  In the event that I do not receive a response from you regarding the proposed schedule, the below schedule will become the agreed-on schedule documented in the official contract file.

PROPOSED SCHEDULE

(To be completed by the Contract Specialist/Contracting Officer issuing the COR appointment):

• Interim evaluations will be initiated by the Contract Specialist within 60 days following the end of each contract year.  You as a COR have 30 days to complete the evaluation and return to the Contract Specialist.
• A final evaluation shall be initiated by the Contract Specialist within 60 days following the completion of the contract.  You as COR have 30 days to complete the evaluation and return to the Contract Specialist.

At least one critical element in the CORs performance standards is specific to contract management and/or the duties described in this Contracting Officer’s memorandum of appointment.

Please sign and return this memorandum to the Contracting Officer, and keep a copy for your own records.

I hereby acknowledge that I understand and agree to the terms and conditions of this appointment.

_____________________________________________

Footnotes

8  This appointment is contingent upon your submission of the appropriate financial disclosure form and verification of your completion of the required Federal Acquisition Certification for Contracting Officer’s Representative (FAC-COR) certification training. Failure to submit the required disclosure or COR certification will result in the revocation of this appointment.  If you do not have a current financial disclosure form on file with your Ethics Official, please notify the Contracting Officer immediately.

9 For the purposes of this appointment memorandum, the term Contracting Officer shall include the   Contract Specialist unless otherwise specifically indicated.

Links to the FAC-COR Handbook:

• FAC-COR Handbook (PDF-53 pages)
  • Executive Summary of the FAC-COR Handbook
  • Chapter 1: Implementation of HHS’ FAC-COR Program
  • Chapter 2: Requirements and Performance Accountability
  • Chapter 3: Application and Certification Procedures
  • Chapter 4: Certification Management
    • Appendix A: HHS’ COR Responsibilities
    • Appendix B: FAI’s Key Competencies for CORs
    • Appendix C: FAC-COR Curriculum Guidance
    • Appendix D: FAC-COR Guidance on Meeting Requirements for Continuous Learning Points
    • Appendix E: FAC-COR Appointment Letter Template
    • Appendix F: FAC-COR Certification Action and Training Request Form
    • Appendix G: FAC-COR Functional Experience Transcript Form
    • Appendix H: FAC-COR Certification through Fulfillment Form
    • Appendix I: FAC-COR Certification Waiver Request Form