Sign In
  • Question

    Where in the regulations does it say that CORs cannot 'supervise, direct, or control contractor employees'? I looked in DFARS 201.602-2, but didn't see it. Am I misreading the lesson? Can the KO delegate 'supervise, direct, or control' authorities to the COR in the delegation letter?


    Answer

    First, regarding the “supervise” contractor employees… the answer is an emphatic NO!!  Please review lesson 2 of CLC 106 again.  On page 6 of 19 you should see a statement that says “When dealing with a contractor the COR should NOT” followed by 7 bullets.
     
    • Give direction to the contractor or to its employees except as provided for in the contract.
    • Supervise, direct or control contractor employees.
    • Require the contractor to perform any task or permit any substitution not specifically provided for in the contract.
    • Authorize subcontracting or the use of consultants.
    • Authorize the purchase of equipment or the furnishing of Government property, except as authorized under the contract.
    • Approve travel and relocation expenses over and above that provided for in the contract.
    • Authorize the use of overtime.
     
    Please note the second bullet. 
     
    A Contracting Officer may delegate to you the authority to provide “technical guidance” or “technical direction” to the contractor.  This should be clearly spelled out in your Letter of Designation and any limitations associated with it.  When giving technical guidance or direction it must be within scope of the contract and normally it is given to authorized or specified contractor personnel and not necessarily any or all contractor employees.
     
    After reading your question background; it appears you may be describing a situation we refer to as a Personal Services contract.  These are only allowed when authorized by law/statute/U.S.C.  The guidance on personal services contracts is found in FAR 37.104.  From FAR 2.101 “Personal services contract” means a contract that, by its express terms or as administered, makes the contractor personnel appear to be, in effect, Government employees (see 37.104).”
     
    We suggest you have a discussion with your Contracting Officer regarding your role as COR and your organization’s role in monitoring contractor performance.  In addition, regarding the description of your duties; we highly suggest you take CLC 222 Contracting Officer’s Representative Course, or better yet one of DAU’s COR 222 class room offerings.


    Open full Question Details