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Interim Internal Purchasing Guidelines > 6 Contract Administration
6 Contract Administration
6.1.1 Responsibilities
6.1.1.a Contracting Officers and Purchase Teams. The make-up of a purchase team
may change as the contracting process moves into the administration phase,
but the contracting officer remains the business leader of the purchase team
throughout the life of the contract and continues to represent the purchase
team in all dealings with the supplier. Beyond contract close out, other
members of the purchase team may continue in their roles as part of a more
comprehensive life-cycle management team.
6.1.1.b Contracting Officer's Representatives
1. The contracting officer may appoint in writing one or more
representatives (a contracting officer's representative or COR) to
perform any administrative function that does not involve a change in
the scope of work, specifications, or cost or duration of contract
performance. The appointment letter must detail the COR's
responsibilities and recordkeeping duties, and require that the COR
read and abide by the Standards of Ethical Conduct for Employees of
the Executive Branch, 5 CFR 2635. See also Management Instruction
PM-610-2001-1, Contracting Officer's Representative Program.
2. Representatives of the contracting officer may not appoint other
representatives without prior written approval of the contracting officer.
3. Representatives of the contracting officer may not perform any function
or exercise any authority not specifically delegated by the contracting
officer.
4. The contracting officer must notify the supplier in writing of the
appointment of any representative or representatives, specifying the
authority delegated and cautioning the supplier to notify the contracting
officer any time the supplier believes the representative is exceeding
the authority granted by the delegation.
5. All contracts requiring a contracting officer's representative must
include Clause 6-1, Contracting Officer's Representative.
6.1.1.c Relationship Between the Postal Service and Supplier Representatives
1. The objective of any purchasing action is to meet contract objectives,
not control the supplier's business. Postal Service personnel involved in
contract administration should direct their efforts to that objective (such
as quality assurance, cost monitoring, and other activities intended to
ensure compliance with contract terms). Except when required by the
terms of the contract, they may not direct the supplier's management
activities or intervene to supervise, train, or discipline supplier
personnel.
2. Disputes with suppliers are an obstacle to performance. Purchase
teams in general and contracting officers in particular should seek to
resolve contract disputes in a businesslike manner that promotes
efficiency and cost-effectiveness while protecting the Postal Service's
interests.
6.1.2 Contract Administration Functions
6.1.2.a Contracting Officer Responsibilities. The contracting officer, as the business
leader of and representing the purchase team, is responsible for:
1. Ensuring timely contract performance in accordance with the contract
specifications and clauses, with due regard to the need for quality and
the legal rights of the parties;
2. Ensuring that the supplier is compensated promptly in the proper
amount consistent with protecting the Postal Service's interests;
3. Making changes, carrying out terminations, and taking other necessary
actions outside the normal course of contract performance;
4. Making decisions and determinations that affect contract performance
fairly, impartially, and in accordance with Postal Service policy and
applicable law;
5. Maintaining complete documentation on performance or
nonperformance to protect the Postal Service's rights and to provide a
basis for past performance assessments for use in future purchases;
6. Managing supplier relations and fairly and constructively resolving
disputes; and
7. As appropriate, for example when modifying or terminating a contract,
documenting the business reasons for the action, and including the
documentation in the contract file.
6.1.2.b Other Responsibilities. The specific functions required to be performed under
any contract are determined by the contract's terms and conditions, clauses
and the particular contract situation, as well as these guidelines. The
purchase team and each contracting officer's representative should carefully
review the contract together immediately after award to determine the
functions to be performed and the people responsible for performance.
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