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  • Question

    Can the COR provide disposition instructions to the contractor? If no, where can I find supporting verbiage to share with the KO and COR?


    Answer

    The DoD COR Handbook (March 22, 2012) specifically address your concern.  However, it is currently being updated and Defense Procurement Acquisition Policy has directed the use of DoD Instruction 5000.72.  Although, DoDI 5000.72 is not as detailed as the DoD COR Handbook concerning COR responsibilities relative to the disposal of Government property excess to contract performance, it does include examples of COR responsibilities in Enclosure 6.  Amongst the examples of COR responsibilities is monitoring the control and disposition of any government-furnished assets. This supports what is in the 2012 DoD COR Handbook. 

    Amongst the specific functions listed in the DoD COR Handbook that a COR may be responsible for is “Ensuring the contractor complies with disposition instructions given by the Contracting Officer for the disposal of Government property.” Your recollection is correct.  You see, it is not the COR who gives disposition instructions to the contractor; it is the contracting officer (or a PLCO if one is assigned).  This is because the contracting officer and the PLCO have responsibility for determining the correct application of reutilization priorities and fiduciary responsibility relative to disposal actions such as sales and the resulting proceeds.  

    It is important to note that the contracting officer must comply with
    FAR 45.6 and that the COR must have appropriate, knowledge, experience and training relative to the FAR 45.6 when delegated any responsibilities associated with the disposal of Government property.

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