The Prompt Payment Act requires agencies, in the absence of contractually specified payment dates, to pay a proper invoice within 30 days of initial receipt by PMD. The Contracting Officer's authority is governed by procurement law, executive orders, regulations and other applicable procedures, clearances and approvals. h25S0Pw/+Q0L)63 (f) Any applicable justification and approval under FAR 6.303 and 6.304. A designee of the Office of Acquisition and Materiel Management will represent VA on the Civilian Agency Acquisition Council. COQS means the Contracting Officer Qualification Statement, a document completed by a candidate for a position as contracting officer that accompanies the request for contracting authority. A copy of EEOC Form 112, Delivery Receipt, is appendix 1, hereto. (3) Contracting offices and contract administration offices, as appropriate, shall establish suspense systems adequate to ensure accurate identification and prompt definitization of unpriced change orders. (c) The technical reviewer or at least one technical reviewer (where there is more than one), holds a Federal Acquisition Certification in Contracting commensurate with the procurement value and appropriate expertise in the subject area. ], 801.602-72 Exceptions and additional review requirements. (5) For a modification confirming the termination contracting officers previous letter determination of the amount due in settlement of a contract termination for convenience, the effective date shall be the same as the effective date of the previous letter determination. Changes to the contract cannot be honored unless there is a copy of Standard Form 30, Amendment of Solicitation/Modification of Contract, signed by both the Contracting Officer for EEOC and, if necessary, an official of the Contractor. (1) The StandardForm30 ( SF30), Amendment of Solicitation/Modification of Contract, shall (except for the options stated in 43.301(a)(2) or actions processed under part 15) be used for-. (1) Contracting officers and non-warranted contract specialists shall complete the required coursework and on-the-job training needed to possess the established competencies listed in OFPPs Federal Acquisition Institute Contract Specialist Training Blueprints (http://www.fai.gov/policies/contract.htm). OGC will provide concurrence or comments either in writing or by telephone. (4) A contracting officer acting within his or her warranted contracting authority must authorize any change to a contract. If the Central Office activity is notified, the Central Office activity will forward the information to the contracting officer. This system is subject to monitoring. (2) For a working drawing contract, a statement regarding the actual or estimated cost of the original construction and any estimated change to the overall project cost as a result of the proposed modification. ACM means the Acquisition Career Manager, who is the Associate Deputy Assistant Secretary for Acquisitions. Frequently Asked Questions Advises the Contractor that in the event the Contractor desires to propose a change, he or she should submit the request in writing to the Contract Monitor and specifically identify the effect that the proposed change(s) will have on the terms of the contract (technically and/or monetarily). Therefore, before prospective contractors submit offers, the contracting officer should advise them of the possible need to revise their accounting procedures to comply with the cost segregation requirements of the Change Order Accounting clause at 52.243-6. Other Government personnel shall not-. 1 Since this section was originally written, the Commission has begun using the Interior Department Electronic Acquisition System - Procurement Desktop (IDEAS - PD) to prepare, process, and track procurement documents. (1) Make administrative changes; (2) Issue change orders; (3) Make changes authorized by clauses other than a changes clause (e.g., Property clause, Options clause, or Suspension of Work clause); and. [Deviation per Class Deviation801.603-70, Representatives of Contracting Officers, dated October 20, 2010, revises this section to allow Heads of Contracting Activities (HCAs) to designate non-warranted personnel as ordering officers to issue orders against indefinite delivery vehicles for supplies and services, as well as blood contracts. 983, do not provide funds by contract or contract modification, or make contract payments, to an institution of higher education that has a policy or practice of hindering Senior Reserve Officer Training Corps units or military recruiting on campus as described at 9.110. The Office of Resource Management must request legal review of all these documents. Although the Contracting Officer is ultimately responsible for the following, the Contract Monitor shall also provide technical support, when requested, in the following areas: For cost-reimbursable type contracts, the Contract Monitor should review weekly the costs of services being provided to determine if the costs will exceed the amount obligated by the contract. 801.680 Contracting authority of the Inspector General. (1) The numbering system permits the discrete identification of every VAAR paragraph. [Deviation per Class DeviationVAAR 801.304, Department Control and Compliance Procedures, dated April 16, 2012 and effective the same date, changes the Deputy Senior Procurement Executive (DSPE) designation from the Associate Deputy Assistant Secretary (ADAS) for Acquisition to the ADAS for Procurement Policy, Systems and Oversight. (a) Under 801.602-70 through 801.602-76, before taking contract action, a contracting officer must ensure that any required legal or technical review or concurrence is complete. The clause is available for use primarily in negotiated research and development or supply contracts for the acquisition of major weapon systems or principal subsystems. Assures that changes in work under the contract are not implemented before written authorization or a contract modification is issued by the Contracting Officer. The DSPE may authorize class deviations from the FAR and VAAR when a class deviation is in the best interest of the Government. Appeals of decisions may be made to the VA ACM and the decisions of the ACM shall be final. (2) The COTR may not re-delegate authority received under this paragraph. Before extending the period of performance, the Contract Monitor should confer with the Contractor to determine whether the Contractor intends to exercise an option to increase his or her hourly rates. 3501-3521), the Office of Management and Budget (OMB) has approved the reporting or recordkeeping provisions that are included in the VAAR and has given VA the following approval numbers: Revisions to the FAR are prepared and issued through the coordinated action of two councils, the Defense Acquisition Regulations Council and the Civilian Agency Acquisition Council. 801.603-70 Representatives of contracting officers. A candidate for a warrant must have at least a satisfactory-or-above performance rating during the most recent performance period. Federal Acquisition Certification (see OFPP Policy Letter 05-01, paragraph 8) means a certification program developed by the Federal Acquisition Institute and OFPP that generally reflects a Government-wide standard for education, training, and experience leading to the fulfillment of core competencies in acquisition-related disciplines. The deviation also further delegates the SPEs authority to the HCAs and others as deemed appropriate. Administrative change means a unilateral (see 43.103(b)) contract change, in writing, that does not affect the substantive rights of the parties (e.g.,a change in the paying office or the appropriation data). (1) A listing of the fees awarded in the original contract and previous modifications. (2) This Chapter may be referred to as the Department of Veterans Affairs Acquisition Regulation or the VAAR. (6) Establish clear lines of contracting authority. The Contract Monitor acts on behalf of the Contracting Officer by performing the following specific duties: [Note: The Prompt Payment Act requires notification to the Contractor within 7 days of receipt of an invoice containing errors, and suitable documentation of such notification.]. ACEP means the Acquisition Continuing Education Program, a program to provide VAs acquisition workforce with classroom knowledge to further develop their acquisition skills. (iv) Subsection would be VAAR 809.106-4 outside the VAAR and 809.106-4 within the VAAR. (i) Date and dollar amount of contract award and/or modification; (ii) Date of submission of initial contract proposal and dollar amount; (iii) Date of alleged delays or disruptions; (iv) Performance dates as scheduled at date of award and/or modification; (v) Actual performance dates; (vi) Date entitlement to an equitable adjustment was determined or contracting officer decision was rendered if applicable; (vii) Date of certification of the request for adjustment if certification is required; and. When change orders are not forward priced, they require two documents: the change order and a supplemental agreement reflecting the resulting equitable adjustment in contract terms. 121(c); 41 U.S.C. (b) Contracting officer must ensure that proposed solicitations or agreements for guidance center and vocational rehabilitation services are reviewed by the Director, Vocational Rehabilitation and Employment Service, if there is an anticipated expenditure of $100,000 or more.
The EEOC Contracting Officer is the only person who can authorize a modification to the contract. Actions (i) and (k) are added to Table 801.602-71 to reflect new HCA delegations and redelegations.
(5) When the contracting officer requires a field pricing review of requests for equitable adjustment, the contracting officer shall provide a list of any significant contract events which may aid in the analysis of the request. Authority at the Level II warrant and Level III (Senior Limited) warrant levels, granted by the DSPE, that permits procurement consolidations among Veterans Health Administration VISNs, Veterans Benefits Administration Area Offices, and other Government agencies that exist outside the contracting officers normally assigned geographical area of appointed authority. (5) If the requirement is for transportation services, the contracting officer shall use the clause with its AlternateIV. (2) Contain a limitation of cost or funds clause (see 32.704). (2) Level II warrant. (3) An expiring warrant will not be re-issued if the contracting officer has not met the continuing education or training requirement. hb```b``> "l,\&567050o`l`[ H` n6 E4tN$1uI46,:YC]p`h``h`Rb!4H|Y@Z Pt@NK1A1>bJsxy xlU`ae`U``;Z l,X4 QVd`nZA hj`YF Zvr7 PQ\ The contracting officer will then need to meet all of the current warrant prerequisites before a new warrant can be issued or before the suspended or revoked warrant can be reinstated. It is critically important to keep the Contracting Officer informed of the context of all communications with the Contractor to prevent misunderstandings or situations that could affect the contract terms or conditions and become the basis of future claims against the Government. (viii) The name of the individual responsible for the unauthorized commitment. For contracts to be awarded under the authority of either 38 U.S.C. Unilateral modifications are used, for example, to-. OGC in the past has experienced problems with monitoring expert witness procurements. All other text remains the same. (i) Any amendment to a solicitation; (ii) Change orders issued under the Changes clause of the contract; (iii) Any other unilateral contract modification issued under a contract clause authorizing such modification without the consent of the contractor; (iv) Administrative changes such as the correction of typographical mistakes, changes in the paying office, and changes in accounting and appropriation data; (v) Supplemental agreements (see 43.103); and. It does not apply to-, (a) Orders for supplies or services not otherwise changing the terms of contracts or agreements (e.g., delivery orders under indefinite-delivery contracts); or. (f) The contracting officer may insert a clause, substantially the same as the clause at 52.243-6, Change Order Accounting, in solicitations and contracts for supply and research and development contracts of significant technical complexity, if numerous changes are anticipated. (e) The contracting officer shall insert the clause at 52.243-5, Changes and Changed Conditions, in solicitations and contracts for construction, when the contract amount is not expected to exceed the simplified acquisition threshold. Please switch auto forms mode to off. Attention A T users. %PDF-1.6 % (4) If the requirement is for construction, the contracting officer shall use the clause with its AlternateIII. Authority granted to VAs contracting officers in contracting activities (e.g., the VA National Acquisition Center, Hines, IL, and Acquisition Operations Service, VA Central Office, Washington, DC) that are charged with meeting Department-wide acquisition needs of VA and its customers. 801.602-3 Ratification of unauthorized commitments. TQS,jht9)tupcnnRdLd. Attention A T users. Accredited college or university means a college or university that has been accredited by an accrediting agency recognized by the U.S. Department of Education (see http://www.ed.gov/admins/finaid/accred/index.html) or accredited by a foreign government. Prepares memoranda for the record covering all meetings/discussions between the Contract Monitor and the Contractor and forwards copies to the Contracting Officer and supervisor. The HCA shall obtain written or e-mail concurrence from the HCAs of the other affected VISNs or Area Offices when requesting Multi-VISN contracting authority. visit VeteransCrisisLine.net for more resources. The EEOC's Contracting Officer is located in headquarters in the Office of the Chief Financial Officer and Administrative Services, Procurement Management Division (PMD).2 The Procurement Management Division Director can be contacted to answer any questions regarding procurement laws or regulations. (c) Multi-VISN. A .gov website belongs to an official government organization in the United States. (a) VA established the VAAR to codify and publish uniform policies and procedures for VAs acquisition of supplies and services, including construction. 1-800-669-6820 (TTY) AUTHORITY: 40 U.S.C. Press enter on the item you wish to view. The authority is for expenditures at any dollar level without geographical restriction. 8303). The authority is further delegated to the Heads of the Contracting Activities (HCA) and others as appropriate. (b) All VA contracting officers must obtain a business clearance review prior to award of any contract, task or delivery order, or blanket purchase agreement or execution of any contract modification with a value of $5 million or more or prior to award of any lease with a value of $300,000 or more per year. For firm-fixed price type contracts, the Contract Monitor, on a regular basis, should review the costs of services being provided to ensure they do not exceed the amount obligated by the contract. Representatives of contracting officers; receipt of equipment, supplies, and nonpersonal services. (a) Effective January 1, 2007, no individual, regardless of job series, may be issued a new contracting officer warrant above the micro-purchase threshold unless the individual meets the requirements for Federal Acquisition Certification (Certification) for the applicable Level I, II, or III warrant level as specified in OFPP Policy Letter 05-01 and the OFPP Memorandum dated January 20, 2006, titled the Federal Acquisition Certification in Contracting Program. A new contracting officer warrant is defined in OFPP Policy Letter 05-01 as a warrant issued for the first time at a department or agency.
Since invoices are usually received long after the fact, monitors have an obligation to request estimated costs from the vendor if it appears that the obligated funds will be exhausted. (iii) Purchase order modifications as specified in 13.302-3. (viii) Dates of any pertinent Government actions or other key events during contract performance which may have an impact on the contractors request for equitable adjustment. (d) When the contracting officer intends to designate a representative under this section for a particular solicitation or contract, the contracting officer must include the clause in 852.270-1, Representatives of contracting officers, in the solicitation and contract. (1) Contracting officers and non-warranted contract specialists who have completed the core training requirements shall obtain a minimum of 80 CLPs of continuing education or training every two fiscal years to stay abreast of current acquisition knowledge and skills as mandated by OFPP. The Contract Monitor is responsible for the following: [Note: In the case of litigation support contracts for over $25,000, the Deputy General Counsel and the Director, ATSS, must be sent copies of all billing and contract-related information provided to supervisors.]. Contracting officers requesting a higher level warrant (e.g., from Level I warrant to Level II warrant or from Level III (Senior Limited) warrant to Level III (Senior Unlimited) warrant) must also meet the current Experience, Education, and Training requirement for the specific warrant authority requested. (d) The contracting officer either must fax or send via overnight mail or e-mail all of the relevant documents on proposed contract terminations, final decisions, cure letters, show cause notices, disputes, and claims specified in 801.602-75(a)(1) and (a)(2). This includes the authority to request the Contractor to make corrections and/or submit new invoices when clerical or other errors are detected. (3) American Council on Education (ACE) credits are not considered as college credits until they are converted and included on a transcript from an accredited college or university. (a) The documents specified in this section related to proposed contract modifications must be submitted to Acquisition Resources Service for review under one or more of the following conditions: (1) When the total modification value is $100,000 or more. If an agency takes a discount after the expiration of the discount period or fails to make timely payment, interest penalties must be paid from the funds available for the administration or operation of the program for which the penalty was incurred. (e) A statement of the contracting officers rationale for award. 2. (b) The contracting officer must submit the following documents for review: (1) A draft of the proposed modification prepared on SF 30, Amendment of Solicitation/Modification of Contract, specifying the exact language proposed and describing any change in work, time, or cost. Contract modifications are of the following types: (a) Bilateral. hbbd```b``i'"Ydd{"`L*I^$s2+}3H;D2LD2\IX}lc=L~ `'!;30120iMf`%GII 801.106 OMB approval under the Paperwork Reduction Act. (c) The FAR applies to contracts made under paragraph (a) of this section. (b) The HCA shall file a copy of the warrant in the delegation of authority file. 3. This level was formally titled "Basic" and any current Basic Level warrant need not be reissued solely to change the title.
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