NOAA Acquisition Manual

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Subchapter G- Contract Management


Part 1330-42 Contract Administration and Audit Services

Subpart 1330-42.2 Contract Administration Services

1330-42.202-70 Assignment of Contract Administration

Subpart 1330-42.15 Contractor Performance Information

1330-42.1501 General

 

 

Part 1330-42 Contract Administration and Audit Services

Subpart 1330-42.2 Contract Administration Services

1330-42.202-70 Assignment of Contract Administration

(a) Post award appointments and notifications.

  1. Contract files shall include any post-award appointments and notifications. In the case of the COR appointment memorandum, document in a memorandum to the file the contracting officer’s recommendations with specifics addressing the eligibility of the proposed individual(s) to be appointed as COR or Alternate/Assistant COR and validation of the inclusion of COR responsibilities as a critical element in the candidate’s performance plan.
  2. In the case of simplified acquisitions and/or task/delivery orders against Federal Supply Schedule contracts or contracts awarded by other agencies, the order file shall be documented to reflect a specific determination on the need to appoint a COR or a Point of Contact (POC).
    1. If it is determined that a COR is to be appointed for that purchase order or task/delivery order, the above-identified requirements for contract file documentation shall be included in the order file.
    2. If it is determined that a POC is to be appointed, the file shall document that the proposed candidate’s fulfillment of the requirements of CAM 1301.670, COR Certification Program, is complete prior to the appointment or a waiver is approved.
  3. Failure to include these post-award issuances shall be considered a substantive issue precluding award.
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(b) Delegation of invoice approval authority.

  1. CORs shall review and approve invoices submitted on NOAA contracts and orders, unless this authority is expressly retained by the contracting officer. This includes all contract and order payments processed through the OFs and is applicable to approval of invoices for interim, partial, progress, and final payments under all types of contracts and orders.
  2. No formal delegation of authority or inclusion of a 1330-52.242-70, Submittal of Invoices Clause, in the order is required for simplified acquisitions.
  3. Contracting officer responsibilities are as follows:
    1. Officially delegate authority to approve invoices under a specified contract to the COR in the COR’s delegation of authority memorandum. Where technical points of contact apply, set forth the authority in the contract/order document. Modify existing contracts/orders, if required, to reflect the delegation.
    2. Provide a copy of all delegation memoranda, or copies of contracts and orders containing the delegation, to the OF.
    3. Ensure that the address of the COR/technical point of contact is identified in the contract/order as the designated billing office to receive invoices. Copies of invoices may be required to be sent to the contracting officer if deemed necessary by the contracting officer.
    4. Ensure that the individual delegated as approval authority has a clear understanding of the price schedule and any terms or conditions that apply to payments to be made under the contract, including the FAR Part 52 payment provisions applicable to the contract type.
    5. Rescind the delegation of approval authority in any instance where the delegated official’s failure to comply with proper invoice processing, contract pricing, applicable contract terms or conditions, or advance approval requirements poses an unacceptable risk to NOAA.
    6. Determine when it is necessary to retain such invoice approval authority either partially (e.g., final invoices under cost-type contracts) or completely to protect NOAA’s interests.
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  1. COR responsibilities are as follows:
    1. Annotate invoices with the actual date of receipt at the time of receipt.
    2. Process invoices timely and in accordance with the payment provisions of the contract or order, including promptly returning improper invoices within the required timeframes.
    3. Ensure that any documentation or approvals required by FAR Part 32 and/or contract terms are obtained prior to approving invoices for advance payments or unusual progress payments.
    4. Coordinate with the contracting officer to determine the appropriate payment reduction required for any rejected items, materials, or services that do not conform to contract requirements.
    5. Communicate with the contracting officer to obtain any guidance or direction needed when processing invoices for payment, or if disputes arise with the contractor regarding payments due or made. Such guidance or direction extends to contractor-submitted invoices that are incomplete and/or incorrect.
    6. Ensure that invoices submitted, including any supporting documentation required, comply with those terms, the contract payment clauses, and the contract price schedule before approving invoices for payment.
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  1. Procedures to delegate invoice approval authority.
    1. For formal contracts, delegate invoice approval authority in the COR Delegation and Appointment Memorandum and provide a copy of the memorandum to the applicable FO processing payments under that contract/order.
    2. In instances where a formal delegation of authority to the COR is not required for a contract or order, include the solicitation and contract language at  1330-52.242-70 Submittal of Invoices to effect the delegation in the award document provided to the FO.
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Subpart 1330-42.15 Contractor Performance Information

1330-42.1501 General

The following decisions or actions by a contractor shall not be considered in past performance evaluations:

(a) File or refrain from filing a protest or claim, or

(b) Agree to use or refrain from using alternate dispute resolution.

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