FAR 42.5, Post-Award Orientation gives the option to use either a letter or a conference, but conferences are considered the “industry standard” by most Contracting Officers (including myself). It states that the purpose of one is to “… (1) achieve a clear and mutual understanding of all contract requirements, and (2) identify and resolve potential problems”. The CO has the discretion to use this tool when it is identified that it would be helpful to ensure that both parties have that mutual understanding of what must happen during contract execution.
Considerations for the Government
In my own experience, I defaulted to using a conference for services, especially when the scope was complex, and there may be points that I thought would be challenging for the Contractor based on size or experience, or both. While FAR 42.5 has a list of suggestions, I also considered:
- Security: The things the Contractor will need to do prior to start of work to gain access to the installation or facilities, like badges, gate access or vehicle placarding. This would also include cybersecurity topics such as network credentialing and access if needed.
- Apparent/Implied/Actual Authority: This is important, especially on military installations with multiple unit commanders and staff operating in proximity that may confuse rank with contract authority. The best unauthorized commitment is the one that never happens. This is also a great time to introduce the Contracting Officer’s Representative (and their alternates) that I trained prior to award.
- Shutdowns/Lapses of Appropriations: These happen more and more these days. In years where Continuing Resolution authority has been granted for only a couple of months at a time, the conference is a good time to talk about what would happen if a shutdown takes place. For contracts subject to certain laws that allow for performance during a shutdown, this is a good opportunity to discuss if/how performance would continue and at what level.
Considerations for the Contractor
Good industry partners know that ambiguity is a source of friction during performance. I have had some excellent Contractors ask insightful questions at the post-award conference that clarified our relationship. I cannot stress enough: don’t be afraid to ask if you don’t know! The conference is not a surrogate for reading and understanding the contract before signing it, but here are some suggestions to ensure success:
- Performance “Surges”: If the contract doesn’t already talk about expanding production/scope for short periods to meet increased demand, ask about how the Government is going to ask for such a thing. While a contract modification or additional task order will generally be required, urgent requirements may need an immediate response. Ask about the method the Government will use to issue that direction, especially from whom. This will avoid potential issues later.
- Notification Chains/Methods for Sites: Ask about ways to stay informed about the status of the place of performance. Government installations may sometimes reduce access for security or weather reasons. Ask about how information will be passed on, and what to do when it is.
- Invoicing and Payment: Don’t leave the conference until you know what constitutes a proper and acceptable invoice, and how to submit it for payment.
FAR 42.503-3, Postaward Conference Report directs the Government to produce and distribute not just minutes, but action items and suspense dates for issues brought up during the conference.
Things can (and will) go wrong during performance. A post-award conference that’s conducted openly and honestly will result in both sides walking away knowing what’s expected of them and each other. This makes everyone involved better and ensures favorable outcomes for all.
