Is it permissible for the contracting Officer to delegate a portion of this requirement to a project manager. Our base has a COR exemption waiver so there are presently no CORs assigned to any of our construction contracts.
FAR 22.406-7 states that the CO will perform this task, but it appears that the intent is for someone who is on site on a regular basis to comply with this. One of the problems we run into is the contractor completing work well in advance of the period of performance completion date before we have a chance to get on site. It would make more since for a CE project manager to issue the SF1445 to the employees on site since they are required to be on site regularly.
If use of the PM is not permissible in this way, is there a recommended process to getting this changed? We are more likely to be 100% in compliance with this requirement if we have project manager involvement.
A contracting officer may delegate the responsibility for contractor employee labor interviews to a civil engineer project manager as long as the individual has the necessary training and experience to properly perform the function. Follow procedures at FAR 1.602-2(d) and DFARS 201.602-2(d) and the DFARS PGI. FAR 22.406-7 clearly indicates that the contracting officer "shall" make checks to include labor interviews. FAR 2.101 states in the definition of a "contracting officer"...the term also includes certain authorized representatives of the contracting officer acting within the limits of their authority as delegated by the contracting officer.
Ensure the person receiving the delegation is familiar with at least FAR 52.222-4, 52.222-6, 52.222-8, 52.222-9, 52.222-10, and 52.222-11. Understanding these clauses will assist the interviewer in explaining and completing several blocks on the SF1445.
This delegation will cover the requirement at FAR 22.406-7. However, with no CORs assigned, I would be concerned about meeting other FAR requirements such as those at FAR 46.103 and FAR 46.502 involving inspection and acceptance.
Let us know if you have other questions.