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TRICARE Management Activity. HEALTH AFFAIRS. Non-Purchased Care Acquisition Roles and Responsibilities. Objectives. Understand the roles and responsibilities of key participants in the acquisition process with emphasis on roles unique to TMA non-purchased care acquisitions
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TRICARE Management Activity HEALTH AFFAIRS Non-Purchased Care Acquisition Roles and Responsibilities
Objectives • Understand the roles and responsibilities of key participants in the acquisition process with emphasis on roles unique to TMA non-purchased care acquisitions • Contracting Officer (KO) • Acquisition Manager (AM) • Contracting Officer’s Representative (COR) • For the Prime contract • For the Task Order • Understand how these players interrelate throughout the stages of an acquisition action
Background • Statutory Framework (Title 41 U.S.C. covers Public Contracts) • Regulatory Framework • The FAR and DFARS are the primary regulations that govern TMA’s acquisition of supplies and services with appropriated funds. • Some of the contracting offices that support TMA must also comply with Service regulations, like the AFARS. • TMA guidance • Policy memo subject: Oversight for Receiving Reports, dated 18 May 2005 • Policy memo subject: Approving Payments under Cost Reimbursement, Time and Materials, and Labor Hour Contracts, dated 28 September 2009 • Roles and Responsibilities for Non-Purchased Care Acquisitions (section 3.1 of Desk Top Reference)
TMA Acquisition-Related RolesContracting Officer • Contracting Officer (KO) • The Contracting Officer has overall responsibility for an acquisition • Only a Contracting Officer can enter into, administer, or terminate contracts • Warrants specify level of authority (SF 1402) • For non-purchased care acquisitions, TMA generally requires contracting support from outside contracting agencies, but is in the process of also developing an organic contracting capability
TMA Acquisition-Related RolesAcquisition Manager • Acquisition Manager • Designated by Director, AM&S COD-FC • Principal advisor to designated Program Offices or other requiring activities • Assists supported activities in acquisition planning and source selection, and oversight of individual orders • Coordinates with OGC when necessary
TMA Acquisition-Related RolesCOR for the Prime Contract • COR for the Prime contract • Responsible for administrative oversight of prime contracts, e.g. T/AARMS, TEAMS, and D/SIDDOMS. • Nominated by the Director, AM&S COD-FC and designated in writing by Contracting Officer • Formal lines of accountability established within COR Designation Memo • Must be government employee • Must complete COR training
TMA Acquisition-Related RolesCOR for the Task Order • COR for the Task Order • Nominated by requiring activity • The Task Manager should be nominated to be the COR for the Task Order • Responsible for administrative oversight of individual task/delivery orders • Designated in writing by Contracting Officer • Must be government employee • Must complete COR training (ALMC, DAU Online) • GovWorks requires 40 hours of training • USAMRAA requires completion of their own COR training curriculum
Increased DoD Emphasis on the Role of the COR • Panel on Contracting Integrity • Section 813 of the John Warner National Defense Authorization Act for Fiscal Year 2007 established the Panel on Contracting Integrity to review progress in eliminating areas of vulnerability within the defense contracting system. • One of the 10 subcommittees is on Sufficient Contract Surveillance • Review Contracting Officer Representative (COR) functions/ responsibilities and develop certification standards. • Review COR appointment procedures • Address COR duties in employee performance assessments • DoD Instruction standardizing COR requirements is anticipated in FY10
TMA Acquisition-Related RolesRoles and Responsibilities by Contract Phase • A good way to understand the interplay of key officials is to examine each of the three phases in a typical acquisition action lifecycle • Pre-Solicitation Planning Phase • Solicitation / Award Phase • Post Award Administration Phase
Prepare Procurement Package Administer order (COR for TO) Requiring Activity Sign and Approve as a Valid Requirement Director Review, input into database, and coordinate as necessary (AM) Administer contract (COR Prime Contract) AM&S COD-FC Review and certify fund availability RM Award contract / issue order (KO) Delegate authority (KO) Administer contract / order (KO) Designated Contracting Office ACQUISITION PACKAGE PROCESSING (Non-Purchased Care) Pre-Solicitation Planning Solicitation / Post Award Administration | Award
TMA Acquisition-Related RolesContracting Officer • Pre-Solicitation Planning Phase • Coordinate with AM • Advise on acquisition strategy • Official POC between Government and Industry • Solicitation / Award Phase • Receive, log and distribute proposals for review • Assist evaluation team • Review award recommendation • Approve and sign contracts and contract modifications • Insure compliance with all laws, regulations and directives • Post Award Administration Phase • Direct all contract administration activities • Ensure compliance with terms of the contract • Issue COR appointment memo • Arrange post-award conference • Request contractor proposals for all contract MODs and execute contract MODs • Authorize start or stop work, or termination • Conduct dispute resolution activities • Oversee close out and ratifications
TMA Acquisition-Related RolesAcquisition Manager • Pre-Solicitation Planning Phase • Coordinate and conduct workgroup meetings • Provide planning assistance • Review documentation • Liaison with OGC and contracting agency • Advisor • Solicitation / Award Phase • Assist in addressing questions from industry • Assist with source selection planning • Review proposals for issues related to base contract • Assist with issue resolution during proposal evaluation • Post Award Administration Phase • Oversee execution of surveillance plan by Task Order COR • Coordinates MODS to delivery/task order • Assists in resolution of potential issues
TMA Acquisition-Related RolesCOR for Prime Contract • Post Award Administration Phase • Oversee execution of surveillance plan by Task Order COR • Assist Task Order COR in resolving issues • Coordinate with KO on significant issues • Initiate necessary global contract change requests
TMA Acquisition-Related RolesCOR for Task Order • Pre-Solicitation Planning Phase • Attend COR training • Prepare acquisition package • Solicitation / Award Phase • Recommend representatives for Technical Evaluation Team • Review Technical Proposals and/or Cost/Price Proposals • Document the Evaluation Team consensus and award recommendation • Post Award Administration Phase • Primary technical POC for Task/Delivery Order • Review and accept/reject deliverables • Approve/disapprove invoices and receiving reports • Retain Reviewing Official concurrence in files • Conduct periodic contract surveillance activities • Assess and document contractor performance • Notify COR for Prime contract and KO of significant performance issues • Monitor funding balance and expiration date
Conclusion • Key roles and responsibilities for TMA non-purchased care acquisitions • Contracting Officer (KO) • Acquisition Manager (AM) • Contracting Officer’s Representative (COR) • For Prime Contract • For Task Order • The ways these players interrelate is critical for successful non-purchased care acquisitions