Acquisition Workforce
Training, Delegation,
and Management System

 

 

 

 

United States

Department of

Agriculture

Office of Procurement

And Property Management



 

AGAR ADVISORY # 85

 

May 9, 2008












 

 

 

 

 


USDA Acquisition Workforce Training, Delegation and Management System

 

TABLE OF CONTENTS

Section                                                                                                                       Page

 

1.       Purpose                                                                                                                1

2.       Cancellation                                                                                                         1

3.     Policy                                                                                                                    1

4.       Applicability                                                                                                         2

5.       Background                                                                                                         2

6.       Abbreviations                                                                                                       2

7.       Definitions                                                                                                           3

8.       Education Requirements and Procurement Training                                           6

9.       Federal Acquisition Certifications                                                                       8

10.   Appointments and Warrant Authority                                                                9

11.   Continuous Learning for Acquisition Workforce Employees                             13

12.   Termination/Revocation of Appointment                                                            13

13.   GS-1102 Qualification Standard Waivers                                                           14

14.   Responsibility for the Acquisition Workforce Career Management Program     15

15.   Acquisition Workforce Contractor-Employees                                                   16

16.   Civil Rights                                                                                                          16

17.   Conflict of Interest/Ethics                                                                                   16

18.   Agency Supplements                                                                                           16

19.   Authorization to Waive the Requirements of this Advisory                               17

20.   Inquiries                                                                                                               17

 

Appendix A   Qualification Standard for General Schedule Positions                      A-1

Appendix B   OFPP Policy Letter 05-01                                                                   B-1

Appendix C   The Federal Acquisition Certification in Contracting Program          C-1

Appendix D   Contracting Officer Warrant Authority for GS-1102/GS-1105          D-1

Appendix E   Contracting Officer Warrant Authority for GS-1102                         E-1

Appendix F   Education and Training for GS-1102                                                  F-1

Appendix G   Training for COR/COTRs or Equivalent Positions                             G-1

Appendix H   Contracting Officer Qualification Statement                                      H-1

Appendix I    Contracting Officer Representative Qualification Statement             I-1

Appendix J    Format for Contracting Office Warrant Request                                J-1

Appendix K   USDA Federal Acquisition Certification in

Contracting Application Format                                                          K-1       

Appendix L   Federal Acquisition Certification in Contracting Checklist                L-1

Appendix M  The Federal Acquisition Certification for

Program and Project Managers                                                            M-1

Appendix N   The Federal Acquisition Certification for

Contracting Officer Technical Representatives                                   N-1

 

 

 

 


 

 

 

 

U.S. DEPARTMENT OF AGRICULTURE
WASHINGTON, D.C. 20250

 

 

 

 

1.     PURPOSE  

 

This Advisory establishes the following procedures for the USDA Acquisition Workforce (AW) Career Management Program:

 

a.        Procedures for effective career development pursuant to Office of Federal Procurement Policy (OFPP) Policy Letter No. 05-01.

 

b.    Departmental procedures for the selection, appointment, and termination of appointment of Contracting Officers as required by Section 1.603 of the Federal Acquisition Regulation (FAR) and Section 401.603 of the Agriculture Acquisition Regulation (AGAR).

 

 

2.     CANCELLATION   

 

This AGAR Advisory does not cancel DR 5001-1 Departmental Regulation (DR) 5001-1 “Acquisition Workforce Training, Delegation, and Tracking Systems” dated September 30, 2003.  However, guidance within this AGAR Advisory shall supersede DR 5001-1 Departmental Regulation (DR) 5001-1 “Acquisition Workforce Training, Delegation, and Tracking Systems” dated September 30, 2003, on an interim basis. 

 

 

3.     POLICY     

 

Contracting activities shall provide AW employees government-wide training for creating the skills necessary to deliver best value supplies and services, to find the best business solutions, and to provide strategic business advice to accomplish agency missions.  On behalf of the Chief Acquisition Officer (CAO) and Senior Procurement Executive (SPE), each Head of the Contracting Activity (HCA) is responsible for developing and maintaining an acquisition career management program that is in compliance with mandatory acquisition training and experience standards as outlined in this Advisory.

 

 

 

 

 

 

 


 

 

4.     APPLICABILITY    

 

The guidance contained herein shall apply to the following acquisition workforce personnel:

 

a.        Contracting Officers regardless of General Schedule series;

b.       All positions in the GS-1102 Contracting series;

c.        All positions in the GS-1105 Purchasing Series;

d.       Contracting Officer Representatives/Contracting Officer Technical Representatives or equivalent positions;

e.        Program and project managers as identified by the CAO;

f.        Heads of Contracting Activity Designees; and

g.       Any other position identified by the CAO to be an acquisition workforce position.

 

 

5.       BACKGROUND

 

In 1996, Congress passed the Clinger-Cohen Act (Act), Pub.  L. 104-106, to establish education, training, and experience requirements for civilian agencies that are comparable to the Defense Acquisition Workforce Improvement Act (DAWIA) for the Department of Defense (DOD).  This Advisory builds on that Act by implementing OFPP Policy Letter No. 05-01 and closely aligning civilian (non-DOD) and DOD workforce requirements.

 

 

6.     ABBREVIATIONS

 

ACM            Acquisition Career Manager

AGAR          Agriculture Acquisition Regulation

ACMIS        Acquisition Career Management Information System

        AW               Acquisition Workforce

        CAO             Chief Acquisition Officer

        CO                Contracting Officer

COTR           Contracting Officer Technical Representative

DAU             Defense Acquisition University

DAWIA       Defense Acquisition Workforce Improvement Act

DOD             Department of Defense

DR                Departmental Regulation

EO                Executive Order

FAC-C         Federal Acquisition Certification in Contracting

FAC-COTR Federal Acquisition Certification for Contracting Officer

                      Technical Representatives

FAC-P/PM   Federal Acquisition Certification for Program and Project Managers

FAR              Federal Acquisition Regulation

FAI               Federal Acquisition Institute

FPDS-NG     Federal Procurement Data System-Next Generation

FSS               Federal Supply Schedule

GS                General Schedule

GSA             General Services Administration

HCA             Head of the Contracting Activity

HCAD          Head of the Contracting Activity Designee

IT                  Information Technology

NCMA         National Contract Management Association

OFPP            Office of Federal Procurement Policy (Office of Management and Budget)

OPPM           Office of Procurement and Property Management

PPD              Procurement Policy Division

SAP              Simplified Acquisition Procedures

SPE               Senior Procurement Executive

USDA          United States Department of Agriculture

 

 

7.     DEFINITIONS

 

a.       Acquisition Workforce.  The personnel component of the Federal acquisition system.  The Acquisition Workforce includes employees in the GS-1102 series, GS-1105 series, HCADs, Contracting Officers, COTRs/CORs or equivalent, program and project managers, and other positions as identified by the CAO.

 

b.      Acquisition Career Manager.  An employee responsible for an agency’s acquisition career management program.  The ACM helps to assure the agency’s acquisition workforce meets the requirements of OFPP Policy Letter 05-01.  The ACM for USDA is in OPPM/PPD.  Each contracting activity appoints an ACM to carry out their agency’s workforce activities.

 

c.       Acquisition Career Management Information System.  ACMIS is a federal system of records to track acquisition workforce training and education.  FAI developed the system to assist civilian agencies in making informed budgeting, staffing, training, and employment development decisions.  It also supports agencies' requirements to maintain AW training records as directed under the Clinger-Cohen Act.  Acquisition workforce employees are responsible for updating and maintaining their training record using ACMIS.

 

d.      Acquisition Career Management Program.  An established program within OPPM responsible for enhancing the careers of USDA’s AW by developing, implementing, and evaluating training policies issued pursuant to Executive Order No. 12931, and Policy Letter No. 05-01.

 

e.       Appointing Official.  A person authorized to confer warrant authority (issue a Contracting Officer warrant) consistent with the applicable requirements of the FAR, AGAR, and this Advisory.

 

 

 

f.       Certification.  An assurance that an employee has the experience, education and training plus personal factors such as business acumen, judgment, character, reputation, and ethics to perform selected duties.

 

g.    Chief Acquisition Officer.  A non-career employee designated by the Secretary  pursuant to Public Law 108-12, Title XIV (Title 41, Chapter 7 §414) to assure best value acquisition services are delivered to USDA customers in support of their mission, while balancing an emphasis on compliance, ethics, and integrity.  The CAO is responsible for managing a broad range of acquisition activities including:

 

(1)       Managing USDA’s contract activities;

(2)       Overseeing the development of procurement systems;

(3)       Evaluating system performance in accordance with approved criteria;

(4)       Enhancing career management of the AW;

(5)       Certifying to the Secretary that procurement systems meet approved criteria.

 

The Secretary has designated the Senior Procurement Executive as the Deputy CAO.

 

h.      Continuous Learning Point (CLP).  Continuous learning activities enhance the employees’ ability to stay current by learning new skills and improving current competencies.  These activities may consist of events, self-paced and instructor-led training, and other educational activities.  One continuous learning point is equivalent to one hour of instruction or learning activity.

 

i.        Contract.  See definition in FAR 2.101.  A mutually binding legal agreement signed by a Contracting Officer that obligates the Government to an expenditure of funds, despite the character of the funding. 

 

j.        Contract Specialist.  Federal employees in the GS-1102 series.

 

k.      Contracting Activity.  A USDA organization with a written departmental delegation from the SPE establishing it as a contracting activity with authority to manage its contract function and those of other organizations for which it provides contracting support.

 

l.        Contracting Officer (CO). A person delegated authority to (1) enter, administer, terminate contracts in accordance with Federal acquisition laws and regulations, and (2) make related determinations and findings.

 

m.    Contracting Officer’s Representative (COR).  See Contracting Officer Technical Representative.

 

n.      Contracting Officer’s Technical Representatives (COTR).  Also referred to as Contracting Officer Representative.  A person designated by the Contracting Officer to assist in the technical monitoring or administration of a contract.  Procedures vary slightly from agency to agency, but agencies must designate COTRs in writing with a copy furnished to the contractor.  The designation does not include authority to make commitments or changes that affect price, quality, quantity, delivery, or other terms and conditions of the contract.

 

o.      Contracting Officer Warrant Authority.  Authority to bind the Government.

 

p.      Current Certification.  A certification that meets all continuous learning requirements.

 

q.      Defense Acquisition University (DAU) Equivalency.  Contractor courses that correspond to the mandatory DAWIA contracting courses.

 

r.        Equivalent Course..  A course used as a substitute for one or more of the mandatory government-wide courses as specified by FAI or DAU.

 

s.       Federal Acquisition Certification in Contracting (FAC-C).  An acquisition certification program that reflects a government-wide standard for education, training, and experience leading to core competencies.  Certifications do not expire.  However, employees are required to keep certificates current by meeting the continuous learning requirements of OFPP 05-01 and DR 5001-1.

 

t.        Federal Supply Schedule (FSS).  Indefinite delivery contracts, including requirements contracts, awarded by the General Services Administration (GSA), using competitive procedures to provide supplies and services for given periods.

 

u.      Head of the Agency or Agency Head.  The Secretary of Agriculture, Deputy Secretary, or the Assistant Secretary for Administration.

 

v.      Head of the Contracting Activity (HCA).  The official delegated broad authority by the SPE to manage the contracting activity (e.g., Chief, Forest Service, USDA Agency Administrator, etc.).  Unless stated otherwise, the HCA may designate, on a non-delegable basis, an employee (not a position), to act as the HCA.

 

w.    Head of the Contracting Activity Designee (HCAD). An employee (not a position) designated by the HCA to carry out the functions of the HCA.  The HCAD must meet the requirements of DR 5001-1 and be no lower in the organization than the Director of Administrative Services or an equivalent position.

 

x.      Procurement Authority.  Includes one or more of the rights to appoint contracting officers on a SF-1402, Certificate of Appointment, sign FAR determinations, or bind the government by signing contracts.  Procurement authority within USDA flows from the SPE, to the HCA, to the HCAD, on to the Contracting Officer.

 

y.      Procurement System.  The integration of the procurement process, the professional development of the AW, and the management structure for carrying out the procurement function.  Authority over the procurement system flows from the CAO, to the SPE, to the HCA, on to the HCAD.

 

z.       Program Manager.  The person with overall responsibility for program plans, budgets, schedules, and timely completion within cost limitations.  Planning responsibilities include developing acquisition strategies and promoting full and open competition.

 

aa.   Project Manager.  The person with knowledge of the principles, methods, or tools for developing, scheduling, coordinating, and managing projects and resources, including monitoring and inspecting cost, work, and contract performance.

 

bb.  Senior Procurement Executive (SPE).  The Agency official designated by the Secretary pursuant to Executive Order No.12931 and the OFPP Act, 41 U.S.C. 414.  Through a delegation to the Assistant Secretary for Administration, the Secretary has designated the Director, Office of Procurement and Property Management, to serve as the SPE. 

 

cc.   Simplified Acquisition Procedures (SAP).  The methods prescribed in FAR Part 13 for making purchases of supplies or services up to $100,000 or the otherwise defined simplified acquisition threshold.

 

dd. Unauthorized Commitments.  Commitments made without authority to bind the Government.

 

ee.   Valid Certification.  Authentic documentation signed and issued by an authorized employee within a legitimate organization.

 

ff.    Warrant.  A Certificate of Appointment, SF-1402, authorizing an employee to serve in the capacity of a Contracting Officer.  It also assures the public that the Contracting Officer has authority to enter into, administer, and/or terminate contracts.

 

 

8.     EDUCATION REQUIREMENTS AND PROCUREMENT TRAINING

 

a.        Educational Requirements

Appendix A, Qualification Standard for GS-1102 Personnel, outlines educational requirements for contract specialists (e.g., college degree, semester hours, etc.)   Educational requirements for COTRs and HCA/HCADs fall within the purview of their job series and are not AW requirements.  USDA recommends GS-1105 employees meet the minimum educational requirement outlined in Appendix D for Level I contracting officers.

 

b.       GS-1102 Qualification Standard Mandatory Procurement Training

 

Whether warranted or unwarranted, GS-1102 employees are responsible for knowing, understanding, and performing contract duties commensurate with their grade level.  Upon issuance of this Advisory, employees shall meet the FAC-C Level II requirements to qualify for a GS-1102-13 and above position.  Two years after issuance of a revised version of DR 5001-1, employees shall meet the FAC-C Level III requirements to qualify for a GS-1102-13 and above position (See Appendix F).  Hiring activities who are considering hiring individuals who do not meet the Qualification standard or FAC-C requirements shall coordinate with their Human Resource officer when submitting a waiver request in accordance with Paragraph 36.  The hiring activity shall provide the Human Resource officer a copy of the approved SPE waiver prior to making a job offer.

 

c.        Training GS-1105 Personnel

 

Personnel in the GS-1105 series, Purchasing Agents, are not required to meet FAC-C   Level I educational requirements.  Contracting activities are encouraged to provide GS-1105 employees FAC-C Level I procurement training upon completion of the basic SAP course.  At a minimum, contracting activities shall provide GS-1105 employees an extensive Simplified Acquisition Procedure course. 

 

d.    Training Heads of the Contracting Activity Designees

 

(1)         Each HCAD shall have a cumulative sum of 160 hours of procurement training within one year after designation by the HCA.  Non-GS-1102 HCADs shall obtain at least 40 hours of procurement training every two years.  GS-1102 employees shall comply with the continuous learning requirements outlined in Appendix C.  Listed below are some activities for accumulating procurement training:

 

(a)     Attend seminars to remain current with new procurement reforms;

(b)    Attend courses via formal classroom training, brown-bag luncheons, on line, etc.;

(c)     Attend NCMA and other meeting with special speakers on procurement issues; or

(d)    Attend procurement courses.

 

(2)         HCADs shall assure training accomplishments, including the number of hours, are included in ACMIS.  Submit all requests for exceptions or extensions to the Director/OPPM.

 

e.     Training Contracting Officer Technical Representatives

 

Employees designated as COTRs must demonstrate an ability to perform selected pre-award and post-award administrative functions on behalf of the Contracting Officer.

Professional business and technical competencies for COTRs are listed on the FAI website.  COTR training shall be as directed in Appendix G or as updated by FAI at (www.fai.gov).  In lieu of formal classroom instruction, COTRs may obtain basic on-line training from the FAI Continuous Learning Center

 

f.      Micro-Purchase Training for Nonprocurement Personnel

 

Unwarranted Micro-purchase cardholders are not AW members.  USDA issued purchase cards to employees to reduce the issuance of administratively costly purchase orders for inexpensive goods and services up to the Micro-purchase threshold.  Purchase Card Managers are responsible for providing cardholders training prior to issuance of the purchase card.

 

 

9.     FEDERAL ACQUISITION CERTIFICATIONS

 

a.     The Federal Acquisition Certification in Contracting Program

 

The Federal Acquisition Certification in Contracting (FAC-C) program establishes mandatory core requirements for education, training, and experience for GS-1102 contracting professionals within civilian contracting activities.  A FAC-C Level III is the acceptable standard throughout the Federal Government and is evidence that senior level employees have met the requirements for a GS-1102, grade 13 and above position. 

 

Upon issuance of this Advisory, contracting officers issued new warrants must meet

the FAC-C program requirements at an appropriate level to support their warrant.  Executive guidance defines new warrants as warrants issued for the first time in USDA. 

 

In special situations, the SPE may waive the FAC-C training requirements for warranting purposes by granting a non-transferable waiver when it is determined to be in the best interest of the agency.  Contracting activities shall submit their request through the HCA to the SPE.  At a minimum, each request shall include a description of the deficiency, the estimated time required to meet the FAC-C warrant requirement, and the impact on the agency should the SPE not grant a waiver. 

 

The CAO has determined non-GS-1102 contracting officers to be outside the scope of the FAC-C program.  Therefore, their participation in the FAC-C program is highly advised, but not required to obtain a new warrant.  

 

b.     FAC-C Application Process

 

               After completion of the requirements listed in Appendix L, employees must apply for a             FAC-C certificate (see Appendix K) through their supervisor or other requesting official          as directed by the agency.  Verification of mandatory training for the specified FAC-C             request level and a copy of any previous FAC-C certification shall be part of the                              submission package to the contracting activity.  The ACM for the agency shall review            the request and forward the FAC-C application, minus education and training                            documentation, to OPPM/PPD.  Upon receipt, the USDA ACM will provide a final                  FAC-C review, verify employee documented training information in ACMIS, obtain                       SPE approval, and forward the signed FAC-C certificate back to the requesting agency              HCA/HCAD.  

 

The issuance of the FAC-C certificate at a specific level is a one-time process.  The certificate represents completion of government-wide standards and each Executive agency shall accept the certificate as proof of competency for the certified level.

 

 

c.     FAC-P/PM Program

 

On April 25, 2007, the OFPP established guidelines for well-trained and experienced program and project managers.  The guidelines help establish a partnership between program/project managers and contracting professionals.  Details for the program are in Appendix M.  OPPM will post the application process at www.usda.gov/procurement.

 

 

d.       FAC-COTR Program

 

Contracting activities are responsible for establishing and managing their COTR programs.  Each activity shall administer the program in accordance with the guidance in Appendix G.  The HCA/HCAD shall assure the COTR enters applicable training information in ACMIS after issuance of the designation letter by the Contracting Officer and before issuance of the FAC-COTR certificate.

 

Agencies shall certify Level I COTRs no later than six months from the date of appointment.  Level II or Level III COTRs shall meet the training and experience requirements within three months after assuming COTR duties.  During unusual and compelling emergencies, when it is certain that a higher level COTR is needed but not available, the HCA/HCAD, on a one-time, non-delegable basis, may temporarily waive any COTR training requirements above the basic 40 hour minimum.  Waivers shall document why the designated employee(s) will not have an opportunity to obtain the required training within the three-month timeframe and a proposed schedule for completion of the training.

 

COTRs who fail to meet the 40 CLP training requirement are not considered current in the FAC-COTR program.  Inactive COTRs must meet the continuous learning requirement within six months from their date of appointment.

 

Contracting Officers and Program managers shall determine when a COTR is required and the level necessary to administer the contract.

 

Specific details on the FAC-COTR program are in Appendix N.  The Office of Federal Procurement Policy and FAI will periodically update the FAC-COTR program.  Federal FAC-COTR guidance and program changes shall take precedence over USDA guidance.

 

 

10.   APPOINTMENTS AND WARRANT AUTHORITY

 

a.     Appointing Officials for Contracting Officers

 

Unless authorized otherwise by the SPE in writing, the HCA and HCAD are the agency’s appointing officials for Contracting Officers.  The HCA and HCAD shall determine if the appointment is consistent with applicable requirements of the AGAR, DR 5001-1, the FAR and other delegations of authority. 

 

Appointing officials shall issue warrants when there is an organizational need for a Contracting Officer.  Factors such as volume of actions, complexity of work, and organizational structure shall be major consideration when determining whether to grant a warrant request.  The appointing official shall assure the applicant has demonstrated an ability to apply applicable procurement laws, regulations, policies, and sound business judgment.

 

b.     Contracting Officer Appointments

 

Appointing officials shall grant Level I through Level III Contracting Officer warrants in writing on a Certificate of Appointment (SF-1402).  The certificate shall state the employee’s name (not a position); limitations on the scope of warrant authority; and be displayed openly to the general public and agency personnel.  Appointing officials shall ensure employees nominated as Contracting Officers meet the minimum requirements of Appendix D and Appendix E.  The ACM shall periodically examine the qualifications and need for Contracting Officer appointments.

 

c.     Contracting Officer Appointment Procedures

 

               The following guidance is not mandatory for non-GS-1102 employees or GS-1102                    employees applying for Level I Contracting Officer warrants.

 

(1)       Warrants to new USDA employees without a FAC-C certificate: Employees applying for new warrants must become FAC-C members at a level to support their warrant.  Contracting Officer candidates shall provide a copy of their training information to their supervisor or Agency ACM as directed by the contracting activity.  Supervisors and Agency ACMs shall accept training certificates or other official documentation as verification of the successful completion of warranting requirements outlined in Appendix D and Appendix E.  Excluding the issuance of an unlimited warrant, the agency HCA/HCAD has authority to issue a new warrant after approval of the warrant request and submission of the FAC-C package to OPPM.  The HCA/HCAD shall issue an unlimited warrant after receipt of the Level III FAC-C certificate.

 

(2)       Warrants to new USDA employees with a FAC-C certificate:  Contracting activities shall accept FAC-C certificates issued by USDA and other Executive agencies as verification of successful completion of government-wide standards.  Upon presentation of a valid and current certificate, the HCA/HCAD may issue the warrant in accordance with agency standards.  Employees who do not hold current FAC-C certificates must complete the “80 CLP requirement” prior to the issuance of a warrant.

 

(3)       Warrants to USDA employees without a FAC-C certificate:  The HCA/HCAD may reissue warrants at the same dollar amount (or less) without meeting the FAC-C requirements when employees move from one USDA Contracting Activity to another USDA Contracting Activity.  USDA employees must meet the FAC-C requirements using procedures in paragraph (1) above for an increase in warrant authority.

 

(4)       Warrants to DAWIA Certified employees:  A DAWIA certification in contracting is equivalent to a FAC-C at the same certification level.  Employees are responsible for providing a current DAWIA certificate and information that documents their continuous learning history.  Upon satisfactory review, the HCA/HCAD may issue a warrant to employees who hold a valid and current DAWIA certification.  Employees who do not hold current DAWIA certificates must complete the “80 CLP requirement” prior to the issuance of a warrant.

 

d.    Required Amount of Delegated Warrant Authority

 

Contracting Officers have authority to sign contracts up to their delegated warrant authority as specified on the SF-1402.  They also have authority to use Government-wide purchase cards as a payment mechanism for contractual actions over the micro-purchase threshold and up to their delegated warrant authority or $1 million, whichever is less, after confirming the receipt of goods and services. 

 

Contracting Officers shall not sign contracts, including modifications, options, estimated orders against an indefinite delivery contract, or any other agreement, that will result in the total amount of the contract exceeding their delegated warrant authority.  In some situations, higher-level Contracting Officers must sign the contract when amendments or modifications to orders and contracts make the total amount of the contract exceed the Contracting Officer’s warrant limitation.  Contracting Officers are not necessarily required to conduct or participate in every aspect of the contract personally.  However, the Contracting Officer is the person responsible for assuring the signed document complies with all applicable laws, rules, and regulations.

 

Contracting Officers are legally responsible for their signed procurement documents.   Contracting Officers cannot sign “for” or over the name of another Contracting Officer, or at a level exceeding the limitations stated on his or her warrant.

 

e.     Maximum Warrant Authority for GS-1102 Personnel

 

Appointing Officials may grant up to an unlimited amount of warrant authority to GS-1102 personnel.  Warrant authority should be limited to the level necessary to support the agency’s procurement requirements.  Contracting Officers shall meet all general and specialized requirements outlined requirements in Appendix D and Appendix E prior to the issuance of a warrant.  

 

f.      Maximum Warrant Authority for GS-1105 Personnel

 

When authorized, GS-1105 personnel have authority to purchase supplies/services, IT products, construction, and architect/engineering contract requirements using the simplified acquisition procedures with the following limitations:

 

(1)    Purchase orders, including modifications, up to $100,000 and

(2)    Delivery orders, including modifications, up to $300,000.

 

g.     USDA Warrant Authority and Intra-Agency /Interagency Procurements

 

The contracting activity has the ultimate responsibility for determining the acceptability of intra-agency and interagency work assignments.  Contracting Officers are authorized to award contracts for other agencies or government entities using the USDA Certificate of Appointment when the work assigned by their supervisor is an approved agency work project.

 

h.     COTR Authority

 

On occasion, the HCA/HCAD may delegate a COTR Administrative Contracting Officer (ACO) authority, (e.g., award modifications against the contracts, etc.).  A COTR who is also an ACO shall meet the requirements listed in Appendix D and Appendix E at a level equivalent to the estimated value of the contract with options.

 

i.       Warrant Authority for Non-Procurement Personnel

 

Appointing officials may grant non-procurement personnel warrant authority to issue purchase orders and delivery orders up to $25,000 for commercial supplies and services, including construction.  Non-procurement personnel granted procurement authority must comply with all Federal laws, rules, regulations, agency directives, FPDS reporting requirements, and other acquisition guidelines. 

 

j.        Contracting Officer Appointment Equivalencies

 

Employees may use ONE of the following equivalencies when they have a year or more of on-site procurement experience.  Equivalent experience shall not exceed one year.

 

(1)    Completion of a 2-year associate degree program in procurement for six months of procurement experience;

 

(2)    Completion of a 4-year undergraduate program in procurement from an accredited college or university for one year of procurement experience; or

 

(3)    Completion of a graduate program in procurement from an accredited college or university for one year of procurement experience.

 

k.     Exemptions from Warranting Requirements

 

The Contracting Officer warranting requirement does not cover personnel carrying out transactions or executing documents listed below.  Contracting activities should duly authorize and instruct employees on their responsibilities and limitations when obligating the Government using these procedures.  Although the following transactions and documents are exempt by the FAR warranting requirements, a HCA/HCAD may require a warranted Contracting Officer to sign any or all of the listed procedures: 

(1)    Request, Authorization, Agreement, and Certification of Training, SF-182,

(2)     Government Bills of Lading.

(3)    Micro-purchase credit card transactions (authorized under DR 5013-6)

(4)     Cooperative agreements and grants.

 

 

11.   Continuous Learning for Acquisition Workforce Employees

 

Contracting Officers and GS-1105/GS-1102 employees shall obtain a minimum of 80 CLPs every two years to remain current in the FAC-C training program.  Employees working as COTRs shall obtain a minimum of 40 CLPs every two years to remain current in the COTR certification program as outlined in Appendix G.  Program and project managers shall obtain a minimum of 80 CLPs as outlined in Appendix M.  Failure to meet the continuous learning requirements may result in the termination of a Contracting Officer warrant, an outdated certification, or an inability to meet the GS-1102 qualification standard.

 

Continuous learning may include the study of new requirements, procedures caused by changes in law, regulations, policy, reviews, or business research.  In addition to attending Government- wide training facilities, maintenance training may include non-mandatory classroom training, conferences, on-line courses, agency sponsored training, management/executive seminars, professional association-related projects, or any other training that enhances present acquisition job skills.  Contracting activities shall not grant employees continuous learning credit for taking the same or similar course within a four-year period.

 

Agencies may credit employees with 60 CLPs of “general subject” training for certifications awarded during a continuous learning period.  Professional organizations may include:

 

a.     The National Contract Management Association

b.     National Institute of Government Purchasing

c.     National Association of Purchasing Management

 

 

12.   Termination/Revocation of Appointment

 

The HCA/HCAD may terminate or revoke a Contracting Officer warrant at any time.  Termination/revocation is appropriate for the following situations

 

a.     Failure to comply with applicable laws and regulations

b.       Violation of the Standards of Conduct for Employees of the Executive Branch. (See C.F.R. Part 2635).

c.     Failure to maintain training standards after appointment.

d.    Failure to maintain a satisfactory performance rating.

e.     Reassignment to a position not requiring a warrant.

f.      Discontinuance of the organization’s need for the appointment.

g.     Separation from the organization (Automatic Termination).

 

13.   GS-1102 Qualification Standard Waivers

 

a.     For a specific vacant position at grade 13 and above, the GS-1102 qualification standard includes a provision that permits the SPE to waive mandatory requirements.  The SPE may consider waiving the following requirements in unusual situations when a highly qualified candidate does not meet the GS-1102 standard:

 

(1)    Mandatory procurement training as prescribed in this Advisory (Appendix  L)

(2)    4-year course of study leading to a bachelor’s degree requirement

(3)    24 semester hours in specified business courses, and

(4)    Experience in performing contracting duties.

 

b.     To meet the conditions of OFPP Policy Letter 05-01 and the GS-1102 qualification standard, the SPE, on a non-delegable basis, shall sign a certification detailing the basis for a decision to waive the mandatory requirement(s). 

 

c.     The requesting HCA/HCAD shall prepare a decision memorandum for the SPE’s approval that includes the following information:

 

(1)    A description of the position, location, grade and anticipated procurement      workload/warrant level;

 

(2)    Adherence to the Agency’s Human Capital Plan and the recruiting strategy used;

 

(3)    Why qualified candidates are not readily available for the position;

 

(4)       The candidate’s efforts to meet the standard and the estimated timeframe for completion;

 

(5)    Details on how the candidate shows potential for advancement to levels of greater responsibility and authority based on demonstrated analytical and decision making capabilities, job performance, qualifying experience, etc.;

 

(6)    The impact on the agency should the SPE not issue a waiver for the candidate; and

 

(7)    A request that the SPE certify the candidate’s potential for advancement to levels of greater responsibility and authority based on demonstrated analytical and decision-making capabilities, job performance, and qualifying experience.

 

d.    The requesting organization may make a job offer to the waiver candidate upon                                                                                                       approval of the waive request.

 

 

14.   Responsibility for the Acquisition Workforce Career Management Program

 

a.     OPPM/PPD shall develop and issue policies, procedures, training plans, and other guidance for implementation of AW mandates.  As the oversight authority for USDA’s AW programs, OPPM/PPD shall:

 

(1)    Make final determinations on applicability of this Advisory;

(2)    Review Contracting Officer appointments;

(3)    Assure Contracting activities urge their AW to use ACMIS; and

(4)    Review agency supplements to this Advisory

 

b.     HCADs shall:

 

(1)   Establish and prescribe an AW accountability system that:

(a)  Sets a performance standard;

(b)  Includes an adequate set of checks and balances;

(c)  Includes external and internal review coverage;

(d) Involves annual appraisals; and

(e)  Identifies effective and ineffective performance

(2)   Ensure supervisors and ACMs are fully knowledgeable of the program requirements and comply with the provisions.

(3)   Ensure supervisors or ACMs schedule and evaluate classroom training.

(4)   Review Contracting Officer requests.

(5)   Sign Contracting Officer Certificates of Appointment and assure Contracting Officers properly display the Certificates.

 

c.     Supervisors or ACMs shall:

 

(1)    Recommend employees for Contracting Officer appointments.

 

(2)    Ensure training is scheduled, conducted, and evaluated.

 

(3)    Monitor and evaluate employees’ progress.

 

d.    Participating Employees shall:

 

(1)    Make a personal effort to take maximum advantage of developmental experiences, and training opportunities, as authorized by their supervisors.

 

(2)    Actively participate with supervisors and ACMs in discussing, developing, and preparing training plans.

 

(3)    Maintain a personal file containing training certificates and other verification of education, procurement training, and job experience.

 

(4)    Keep training record updated in ACMIS.

 

 

15.   Acquisition Workforce Contractor-Employees

 

Contract Specialist awarding contracts for the performance of acquisition functions as outlined in OFPP Policy Letter 05-01 (Appendix B) shall assure solicited personnel meet comparable training requirements for government employees performing the same or similar functions. 

 

 

16.   Civil Rights

 

The USDA prohibits discrimination in all its programs and activities (including the hiring, developing, and assigning of personnel) based on race, color, national origin, gender, age, religion, disability, and where applicable, political beliefs, marital or family status, or sexual orientation.

 

 

17.   Conflict of Interest/Ethics

 

USDA acquisition workforce personnel must comply with existing conflict of interest regulations/laws, and file the approved forms as required.  At a minimum, all individuals whose duties involve procurement and contracting shall file a financial disclosure statement.

 

Acquisition workforce employees must also comply with the high standards of ethical behavior to assure complete trust in the integrity of the acquisition system.

 

 

18.   Agency Supplements

 

The policy provided in this Advisory supersedes supplemental guidance issued by a contracting activity.  A departure from this Advisory requires a written request and authorization from the SPE.  Changes to the FAC-C, FAC-COTR, and FAC-P/PM programs by FAI supersede this Advisory.  Federal program changes are not considered a departure from this Advisory. 

 

Supplemental instructions and amendments to DR 5001-1 require review and concurrence by OPPM/PPD before issuance.  Contracting activities are reminded that supplements shall not repeat, paraphrase, or restate policy guidance.

 

 

19.   Authorization to Waive the Requirements of This Advisory

 

Unless otherwise specified, the SPE and CAO are the only individuals authorized to waive the requirements in this Advisory.

 

 

20.   Inquiries

Direct all AW inquiries through agency channels to the Division Chief/OPPM/PPD or to ACM@usda.gov.

 

 

-END-

 

 

 

      

      


APPENDIX A

 

 

Qualification Standard for General Schedule Positions

Individual Occupational Requirements for

 

GS-1102       Contract Specialist             Revised Standard        Effective Date: January 1, 2000

 

The text below is extracted verbatim from Section IV-B of the Operating Manual for Qualification Standards for General Schedule Positions (p.166-167), but contains minor edits to conform to web-page requirements.  This is an individual qualification standard developed by the Office of Federal Procurement Policy under the authority of 41 U.S.C. 433. It does not apply to Department of Defense positions.

 

Basic Requirements for GS-5 through GS-12

 

A. 4-year course of study leading to a bachelor’s degree with a major in any field or;

 

B. At least 24 semester hours in any combination of the following fields: accounting, business, finance, law, contracts, purchasing, economics, industrial management, marketing, quantitative methods, or organization and management.

 

Applicants who meet the criteria for Superior Academic Achievement qualify for positions at the GS-7 level.

 

The following table shows the amounts of education and/or experience required to qualify for positions GS-7 thorough GS-12 covered by this standard.

 

 

  GRADE           EDUCATION                                 OR SPECIALIZED

GS-7

1 full academic year of graduate education or law school or superior academic achievement

1 year equivalent to at least GS-5

GS-9

2 full academic years of progressively higher level graduate education or masters or equivalent graduate degree or LL.B. or J.D.

1 year equivalent to at least GS-7

GS-11

3 full academic years of progressively higher level graduate education or Ph.D. or equivalent doctoral degree

1 year equivalent to at least GS-9

GS-12 and above

(No educational equivalent)

1 year equivalent to at least next lower grade level

Equivalent combinations of education and experience are qualifying for all grade levels for which both education and experience are acceptable.

 

Graduate Education.  To qualify for GS-1102 positions on the basis of graduate education, graduate education in one or a combination of the following fields is required: accounting, business, finance, law, contracts, purchasing, economics, industrial management, marketing, quantitative methods, or organization and management.

 

Note - For positions at GS-7 through GS-12, applicants who are qualifying based on experience must possess at least one year of specialized experience at or equivalent to work at the next lower level, that provided the knowledge, skills, and abilities to perform successfully the work of the position, in addition to meeting the basic requirements in paragraph A or B, above.

 

C. Exceptions: Employees in GS-1102 positions will be considered to have met the standard for positions they occupy on January 1, 2000. Employees who occupy GS-1102 positions at grades 5 through 12 will be considered to meet the basic requirements for other GS-1102 positions up to and including those classified at GS-12. This includes positions at other agencies and promotions up through grade 12. However, employees must meet specialized experience requirements when seeking another position.

 

Basic Requirements for GS-13 and Above

 

A. Completion of all mandatory training prescribed by the head of the agency for progression to GS-13 or higher level contracting positions, including at least 4-years experience in contracting or related positions. At least 1 year of that experience must have been specialized experience at or equivalent to work at the next lower level of the position, and must have provided the knowledge, skills, and abilities to perform successfully the work of the position.

 

B. A 4-year course of study leading to a bachelor’s degree, that included or was supplemented by at least 24 semester hours in any combination of the following fields: accounting, business, finance, law, contracts, purchasing, economics, industrial management, marketing, quantitative methods, or organization and management.

 

C. Exceptions: Employees in GS-1102 positions will be considered to have met the standard for positions they occupy on January 1, 2000. This also applies to positions at the same grade in the same agency or other agencies if the specialized experience requirements are met. However, they will have to meet the basic requirements and specialized experience requirements in order to qualify for promotion to a higher grade, unless granted a waiver under Paragraph D.

 

D. Waiver: When filling a specific vacant position, the senior procurement executive of the selecting agency, at his or her discretion, may waive any or all of the requirements of Paragraphs A and B above if the senior procurement executive certifies that the applicant possesses significant potential for advancement to levels of greater responsibility and authority, based on demonstrated analytical and decision making capabilities, job performance, and qualifying experience. With respect to each waiver granted under this Paragraph D, the senior procurement executive must document for the record the basis of the waiver.  If an individual is placed in a position in an agency on the basis of a waiver, the agency may later reassign that individual to another position at the same grade within that agency without additional waiver action.

 

 

 

 

 

 

 

 


APPENDIX B

 

 

April 15, 2005

OFPP POLICY LETTER 05-01

TO THE HEADS OF CIVILIAN EXECUTIVE DEPARTMENTS AND AGENCIES

SUBJECT: Developing and Managing the Acquisition Workforce

1. Purpose. This Policy Letter establishes the government-wide framework for creating a federal acquisition workforce with the skills necessary to deliver best value supplies and services, find the best business solutions, and provide strategic business advice to accomplish agency missions.

2. Authority. This Policy Letter is issued pursuant to section 6(a) of the Office of Federal Procurement Policy (OFPP) Act, as amended (41 U.S.C. § 405(a)), and sections 37(b)(3) and (g) of the OFPP Act, as amended (41 U.S.C. § 433(b)(3) and (g)).

3. Rescission. OFPP Policy Letters 92-3 and 97-01 are rescinded. Policy Letter 05-01 consolidates OFPP policy on acquisition workforce development.

4. Background. The quality and effectiveness of the federal acquisition process depend on the development of a capable and competent workforce. Congress recognized the need for a professional workforce through the passage of the Defense Acquisition Workforce Improvement Act (DAWIA) (10 U.S.C. §§ 1741-46) and section 4307(a) of the Clinger-Cohen Act (40 U.SC. §1401(3), amending section 37 of the OFPP Act (41 U.S.C. § 433)). These acts established education, training, and experience requirements for entry and advancement in the acquisition career fields for the Department of Defense (DOD) and civilian agencies respectively. Policy Letter 92-3, dated June 24, 1992, established policies for skill-based training in contracting and purchasing duties for all executive agencies. Policy Letter 97-01, dated September 12, 1997, established career management, education, and training requirements for contracting personnel in civilian executive agencies. This Letter builds on those previous efforts to improve the development of the acquisition workforce by more broadly defining the acquisition workforce and more closely aligning civilian (non-DOD) and defense acquisition workforce requirements.

5. Applicability. This Letter applies to all executive agencies, except those subject to DAWIA.

The acquisition workforce includes individuals who perform various acquisition-related functions to support the accomplishment of an agency’s mission. The Services Acquisition Reform Act of 2003 (SARA) (P.L. 108-136) defines acquisition to include, among traditional contracting functions, requirements definition, measurement of contract performance, and technical and management direction. One of the principal purposes of this Letter is to include formally these individuals in the definition of the acquisition workforce so they can be trained and developed using common standards.

To facilitate the identification of individuals included in the acquisition workforce, agencies shall consider the functions performed by those individuals. Membership in the acquisition workforce may be on a full-time, part-time, or occasional basis. For example, members of the acquisition workforce may include: individuals who are substantially involved in defining, determining, and managing requirements,

  • individuals involved in acquisition planning and strategy,
  • individuals who participate in the process of establishing the business relationship to obtain needed goods and services, (e.g., contracting process, those involved in the solicitation, evaluation and award of acquisitions),
  • individuals who manage the process after business arrangements have been made to ensure that the government’s needs are met (e.g., testing and evaluating, managing and monitoring the manufacturing and production activities, auditing, contract administration, performance management and evaluation, etc.),
  • individuals who arrange disposal of any residual items after work is complete, (e.g., property management/disposal),
  • individuals who support the business processes of the above listed activities (e.g., General Counsel, finance, or other subject matter experts), and
  • individuals who directly manage those involved in any of the above activities.

At a minimum, the acquisition workforce of an agency, for purposes of this Letter, includes:

  1. All positions in the general schedule contracting series (GS-1102) and non-DOD uniformed personnel in comparable positions.
  2. All Contracting Officers (CO) regardless of general schedule series with authority to obligate funds above the micropurchase threshold.
  3. All positions in the general schedule purchasing series (GS-1105).
  4. Program and project managers, as identified by the agency’s Chief Acquisition Officer (CAO), or equivalent.
  5. All Contracting Officer’s Representatives (CORs) and Contracting Officer’s Technical Representatives (COTRs), or equivalent positions.
  6. Any significant acquisition-related positions identified by the CAO, or equivalent, using the guidance provided above.

 

6. Agency Responsibilities.

a. Authority - In accordance with section 16(b)(6) of the OFPP Act, as amended (41 U.S.C. § 414(b)(6)), sections 37(g)(1) and (g)(3) of the OFPP Act, as amended (41 U.S.C. §§ 433(g)(1) and (3)), and subject to the authority, direction, and control of the

 

 

head of an executive agency, the CAO, or equivalent, shall develop and maintain an acquisition career management program to ensure the development of a competent, professional workforce to support the accomplishment of agency mission. The CAO is responsible for identifying the members of the agency’s acquisition workforce and for implementing a budget strategy that reflects the workforce’s development needs and organizational structure of the agency. This strategy might include identifying funding sources, establishing a methodology for prioritizing funding needs, and otherwise institutionalizing a process for maximizing the agency’s acquisition workforce training budget. The CAO shall carry out the powers, functions, and duties of the agency head with respect to implementation of this Letter. The CAO may delegate this responsibility to a level no lower than the deputy CAO, or equivalent, and may appoint functional advisors for each segment of the acquisition workforce (i.e. contracting, program management, etc.) to facilitate the management of the agency’s acquisition workforce, in accordance with the requirements of this Letter. The CAO shall consider appointing senior civil service managers as functional advisors to promote technical continuity in advising the CAO on career management issues in the various disciplines.

 

b. Inclusion of Acquisition Workforce in Agency Human Capital Plans - The CAO, in consultation with agency acquisition career managers and functional advisors, shall provide to the agency’s Chief Human Capital Officer, or equivalent, substantial input to the agency’s human capital strategic plan regarding the acquisition workforce. This may include recruitment needs and hiring strategies, relevant agency workforce statistics, skills assessments, accession plans, workforce development initiatives, and performance incentive plans (in accordance with section 37(b)(1) of the OFPP Act, 41 U.S.C. § 433(b)(1)). Additionally, the CAO is responsible for assessing the current skills inventory of the workforce, identifying short- and long-term agency needs, and establishing plans, including recruitment and retention strategies, for obtaining the acquisition workforce resources and skills required to meet future agency mission needs.

 

c. Agency Acquisition Workforce Management - The CAO, or designee, shall appoint an individual with acquisition experience to lead the agency’s acquisition career management program. The Acquisition Career Manager (ACM) will be responsible for ensuring that the agency’s acquisition workforce meets the requirements of this Letter. At a minimum, the ACM shall:

1.  manage the identification and development of the acquisition workforce, including identifying staffing needs, training requirements, and other workforce development strategies;

2.  propose to the CAO an annual budget for the development of the acquisition workforce to fulfill the requirements of this Letter and other agency human capital objectives;

3.  provide coordinated input to the CAO and Chief Human Capital Officer regarding short and long term human capital strategic planning for training, competency fulfillment, career development, accession, recruitment and retention, and other facets of human capital management affecting the acquisition workforce;

4.  recommend to the CAO a transition plan for meeting the requirements of this Letter;

5.  ensure that agency policies and procedures for workforce management are consistent with those established by OFPP, as appropriate;

6.  coordinate with agency functional advisors to ensure fulfillment of requirements of this Letter;

7.  recommend to the Senior Procurement Executive (SPE) waivers to the GS-1102 education and training provisions of this Letter, as needed and in accordance with the qualification standards; and

8.  maintain and manage consistent agency-wide data on those serving in the agency’s acquisition workforce in the acquisition career management information system (Acquisition Career Management Information System (ACMIS)) – see paragraph 12).

The CAO shall forward the name and contact information (phone number, email, etc.) of the person designated to perform these roles to the Federal Acquisition Institute (FAI) at ACMinfo@fai.gov not later than October 1, 2005, and shall update this information, as needed, to ensure that agencies receive timely information from FAI and Defense Acquisition University (DAU) regarding training and development opportunities and other related information.

 

7. Core Competencies. The development of a highly-qualified, well-trained workforce will generally be based on a framework of core competencies that are common to defense and civilian agencies. DOD maintains core competencies that OFPP, in consultation with the Office of Personnel Management (OPM) shall consider for civilian agency use in fulfilling the requirements of this Letter. OFPP, in consultation with OPM, and DOD shall also establish a process for updating these competencies, as needed, and developing specialized competencies for particular areas of focus. Agencies may require their acquisition workforce members to obtain additional competencies to fulfill agency mission needs.

 

8. Federal Acquisition Certifications.

a. General - OFPP’s vision for the federal acquisition workforce is the development of common certification programs that generally reflect a government-wide standard for education, training, and experience leading to the fulfillment of core competencies in a variety of acquisition-related disciplines. To promote the development of core acquisition competencies government-wide and to facilitate employee mobility, FAI, in consultation

 

 

 

 

 

with OPM, shall develop federal acquisition certification programs that shall be accepted by, at a minimum, all civilian executive agencies. These certifications will generally serve as one means to demonstrate that an employee meets the core education, training, and experience requirements, as appropriate, for that acquisition-related discipline (e.g., contracting, program management, etc.). Agency-specific certification programs are not transferable to other agencies.

Federal acquisition certifications shall be offered to, though not necessarily required of, the general acquisition workforce as defined in this Letter and further identified by agency CAOs. However, agencies may specify a particular type and/or level of certification when establishing quality ranking factors when it is determined that the certification is job related.

 

b. Federal Acquisition Certification - Contracting (GS-1102) Series - Not later than January 1, 2006, FAI, in partnership with DAU, shall develop a certification program that considers a variety of means, including a fulfillment process, for assessing and certifying that the education, training, and experience requirements for the GS-1102 series, as described herein, have been met. The program shall be based on the DAWIA requirements for certification at the junior, intermediate, and senior levels to reflect the need to meet increasingly more rigorous standards for education, training, and experience throughout the career development process. The Chief Acquisition Officers Council (CAOC) shall approve the program. Once granted, the certification shall be accepted by, at a minimum, all civilian executive agencies as evidence that an employee meets the core education, training, and experience requirements for the GS-1102 series.

 

The GS-1102 federal acquisition certification is not mandatory for all GS-1102s. However, members of the workforce issued new CO warrants on or after January 1, 2007, regardless of GS series, must be certified at an appropriate level to support their warrant obligations. New CO warrants are defined as warrants issued to employees for the first time at a department or agency. This requirement does not apply to senior level officials responsible for delegating procurement authority or those whose warrants are generally used to procure emergency goods and services.

CAOs shall establish agency-specific requirements for tying warrant levels to certification levels based on agency needs. However, agencies are encouraged to require a senior level certification for any employee issued an unlimited Contracting Officer’s warrant on or after January 1, 2007. The SPE of a civilian agency may waive this requirement in writing, on a case-by-case basis, if granting a waiver is in best interest of the agency. This authority may not be delegated, and the use of this authority shall be adequately documented. This waiver is not transferable to another agency. The CAO shall ensure that an employee’s warrant information is entered and maintained in ACMIS (see paragraph 12).

 

1.      Contracting (GS-1102) Series Education Requirements - The Contract Specialist (GS-1102) Qualification Standard, established in consultation with OPM, establishes the education requirements for civilian GS-1102s (see www.opm.gov). This Policy Letter does not change the education requirements for the civilian GS-1102 series, and the certification program shall be developed to reflect any differences between civilian and defense education requirements. For example, a GS-7 civilian contract specialist (1102) who meets the education requirement in the qualification standard (a bachelor’s degree OR 24 hours of business classes) but does not meet the DAWIA requirements (a bachelor’s degree AND 24 hours of business), may still be eligible for a federal acquisition certification, but would not be considered qualified for a position subject to DAWIA.

The SPE of a civilian agency may waive the education and training requirements for an applicant for a GS-13 position and above based on that person’s demonstrated analytical and decision making capabilities, job performance, and qualifying experience. This authority may not be delegated. In accordance with the Contract Specialist (GS-1102) Qualification Standard, this waiver must be based on a certification by the SPE that the applicant possesses significant potential for advancement to levels of greater responsibility and authority. The use of this authority shall be adequately documented and exercised on a case-by-case basis, as needed, to ensure that the best candidate for a position is selected. This waiver is not transferable to another agency and does not apply toward the requirements for federal acquisition certification.

2.      Contracting (GS-1102) Series Training Requirements - One of the principal purposes of this Letter is to establish uniform core training requirements for the civilian and defense acquisition workforce. Not later than October 1, 2005, civilian agencies shall prospectively follow the training requirements established by DOD, in consultation with OFPP, as part of their acquisition workforce development program (see Attachment 1) http://www.whitehouse.gov/goodbye/005d0c33e796692dd11f5ef59f0151322307fca1.html). Employees are not required to retake classes, but shall follow the DOD training requirements when considering additional core training, if needed, or continuous learning.

The SPE of a civilian agency may waive the training requirements for an applicant for a GS-13 position and above based on that person’s demonstrated analytical and decision making capabilities, job performance, and qualifying experience. (Please see paragraph 8(b)(1) above for additional information on the SPE waiver authority.)

To ensure consistent quality of the training provided to the acquisition workforce, civilian agencies shall follow the course equivalency determinations accepted by DAU to ensure that core training is comparable across the workforce and qualifies for certification. Electives and other courses do not generally require a course equivalency determination.

3.      Contracting (GS-1102) Series Experience Requirements - Experience requirements for GS-1102 positions are identified in the Contract Specialist (GS-1102) Qualification Standard.

4.      Contracting (GS-1102) Series Continuous Learning Requirements – GS-1102s, including all warranted Contracting Officers regardless of series, shall earn 80 continuous learning points every two years to maintain the GS-1102 federal acquisition certification. Civilian agencies shall generally follow the guidance provided by DOD on how these points can be earned (see www.dau.mil), and are encouraged to use continuous learning opportunities to assist individuals in obtaining core acquisition competencies, maintaining critical acquisition skills, and acquiring agency-specific training. The Administrator for Federal Procurement Policy may prescribe specific continuous learning courses to ensure that training is provided to the acquisition workforce on topics such as ethics, performance-based contracting, strategic sourcing, or others, as needed.

c. Federal Acquisition Certification - Program and Project Managers - A cross-agency and cross-functional working group will be formed to assist FAI in developing recommendations for the establishment of certification programs for program and project managers that are guided by the general competencies, experience, and training associated with the DAWIA requirements, accepted industry certification programs, and existing government requirements, such as the qualification requirements established by the Chief Information Officers Council (CIOC) for information technology project management.

FAI shall work with the CAOC, the CIOC, the Chief Financial Officers Council, the Chief Human Capital Officers Council, and other organizations with subject matter expertise, as appropriate, to ensure that these certification programs reflect the needs and priorities of the community and meet the general requirements of this Letter. FAI shall develop these recommendations not later than October 1, 2006.

Not later than, January 1, 2007, agency CAOs shall identify program and project managers who will be subject to the requirements of this Letter, and shall establish appropriate timeframes and policies for applying the certification program requirements. (For example, agencies may choose to require certification for individuals working on certain critical agency projects or programs, those of a certain dollar threshold, or other high visibility programs and projects.) Individuals identified by the CAO as subject to this Letter shall ensure that the appropriate information is included in ACMIS (see paragraph 12) so that workforce data may be captured for future training and development planning.

 

d. Federal Acquisition Certification - Other Acquisition-Related Positions - At the direction of the FAI Board of Directors, FAI shall develop additional recommendations for certification programs that are guided by the general competencies, experience, and training associated with the DAWIA requirements and accepted industry certification programs for other acquisition-related positions (see paragraph 5), excluding requirements for CORs and COTRs (see paragraph 9).

 

9. Contracting Officer’s Representatives (CORs) and Contracting Officer’s Technical Representatives (COTRs). The CAO is responsible for developing basic and refresher training requirements to ensure CORs and COTRs are adequately trained for the functions they perform in the acquisition workforce. FAI and DAU have a number of continuous learning resources to assist agencies in this effort (see http://www.whitehouse.gov/goodbye/6f28a0148c29dd67d271be1b9bb2aa082764ac55.html and http://www.whitehouse.gov/goodbye/a845c611abc06095342e223bee6b9abdde233699.html). CAOs shall require that CORs and COTRs enter their information into ACMIS (see paragraph 12) to ensure that agency acquisition workforce information is complete.

CAOs shall establish agency requirements for continuous learning for CORs and COTRs. Agencies are encouraged to require, at a minimum, 40 continuous learning points every two years for CORs and COTRs. Additionally, the Administrator for Federal Procurement Policy may prescribe specific continuous learning courses to ensure that training is provided on topics such as ethics, performance-based contracting, strategic sourcing, or others, as needed.

 

10. Tuition Assistance. Each executive agency must recognize, in its strategic planning and budgeting activities, the importance of developing its acquisition workforce. OMB Circular A-11 provides guidance concerning classification of education and training obligations within budget documentation. To the extent that funding is available, agencies may provide tuition reimbursement at accredited institutions for education, including a full-time course of study leading to a degree, in accordance with 5 U.S.C. § 4107 (as authorized by section 37(h)(2) of the OFPP Act, as amended (41 U.S.C. 433(h)(2)), for personnel serving in acquisition positions in the agency.

 

11. Acquisition Workforce Training Fund. In accordance with section 37(h)(3)(A) of the OFPP Act (41 U.S.C. § 433(h)(3)(A)), as amended by the Services Acquisition Reform Act of 2003 (P.L. 108-136), the Administrator of General Services shall establish an acquisition workforce training fund (AWTF) to support the training of the acquisition workforce of the executive agencies other than the DOD. Agencies administering contracts specified in section 37(h)(3)(B) of the OFPP Act, as amended (41 U.S.C. § 433(h)(3)(B)) shall credit 5 percent of the fees collected under these contracts to the AWTF at the end of each quarter of the fiscal year and in accordance with the instructions issued by the Administrator of General Services. The fund shall be managed by FAI in accordance with section 37(h)(3)(A) of the OFPP Act, as amended (41 U.S.C. §433(h)(3)(A)). OFPP and the FAI Board of Directors (see paragraph 13(b)) shall provide direction to FAI on the allocation of these resources to ensure equitable training opportunities for all civilian agencies.

The AWTF supplements, but does not replace, existing agency training budgets, and agencies should continue to budget separately for the training and education of their acquisition workforce. In accordance with section 37(h)(1)(A) of the OFPP Act, as amended (41 U.S.C. § 433 (h)(1)(A)), agency heads shall set forth separately the funding levels requested for education and training of the acquisition workforce in the agency’s annual budget request to OMB.

 

12. Management Information Systems. In accordance with section 37(d) of the OFPP Act, as amended, (41 U.S.C. § 433(d)) each executive agency must collect, maintain, and utilize information to ensure effective management of the acquisition workforce. FAI maintains an acquisition career management information system (ACMIS) that can assist agencies in managing their workforce and help members of the workforce manage their individual education, training, and experience information. Civilian agencies may populate ACMIS through existing agency learning management systems or may populate ACMIS directly. However, all civilian agencies shall ensure that ACMIS has complete and current information on the members of the acquisition workforce as described below.

Not later than October 1, 2006, each civilian agency shall have complete, current records in ACMIS for, at a minimum, the following:

·         All positions in the general schedule contracting Series (GS-1102) and non-DOD uniformed personnel in comparable positions;

·         All Contracting Officers regardless of general schedule series with authority to obligate funds above the micropurchase threshold;

·         All positions in the general schedule purchasing series (GS-1105).

Not later than April 1, 2007, each civilian agency shall have complete, current records in ACMIS for program and project managers, including CORs and COTRs, who have been identified by the CAO as members of the acquisition workforce. Information on employees in other acquisition-related disciplines can be entered, as appropriate, but not later than one year after the certification program for that discipline has been developed.

The Enterprise Human Resources Integration (EHRI), developed by OPM to manage human resources information government-wide, will work in concert with ACMIS by providing general workforce data and information. ACMIS will use the EHRI information, agency learning management systems information, if applicable, and additional information provided by employees and supervisors to capture more specific data on the acquisition workforce. Additionally, ACMIS will provide detailed reports to assist agencies in short- and long-term workforce planning.

As soon as practicable, FAI will prepare guidance for agencies on ACMIS implementation.

 

13. The Federal Acquisition Institute.

a. Roles and Responsibilities – FAI fosters and promotes the development of a professional acquisition workforce and is responsible for performing a wide range of activities supporting management of the acquisition workforce as directed by the Administrator for Federal Procurement Policy, pursuant to section 6(d)(5) of the OFPP Act, as amended (41 U.S.C. § 405(d)(5)). To support the management of the workforce in accordance with this Letter, FAI shall focus on the following priorities:

1.      Establish performance measures. Not later than April 1, 2006, and in consultation with the CAOC and other organizations, as appropriate, FAI shall establish general performance measures that agencies may use in assessing their acquisition workforce development programs.

2.      Core competencies and curriculum support: In partnership with DAU, FAI shall support the identification and maintenance of core acquisition workforce competencies and a core curriculum to develop these competencies government-wide. FAI shall develop curriculum content, if necessary, to support the civilian workforce needs.

3.      Establish career development programs. To assist the workforce in obtaining the necessary competencies and skills, FAI shall establish career development programs. These may include developing a rotational program among agencies, managing a government-wide intern program for agencies that don't have their own, developing mentoring programs, or identifying other career enrichment experiences. The FAI Board of Directors will assist FAI in prioritizing the development of these programs.

4.      Establish the federal acquisition certification programs: FAI shall develop and administer, with agency involvement, the federal acquisition certification programs. Certification program requirements for the GS-1102 series shall be submitted to the CAOC for approval not later than January 1, 2006. Recommendations for the requirements for the program and project management certification shall be submitted to the CAOC, and other organizations, as appropriate, not later than October 1, 2006. The Board shall direct FAI to prepare recommendations for other certification programs as needed.

5.      Manage the AWTF: In accordance with SARA, FAI shall manage the AWTF fund. The Administrator for Federal Procurement Policy and the Administrator of General Services, in consultation with the FAI Board of Directors, shall provide direction to FAI on the allocation of these resources.

b. FAI Board of Directors - In FY 2004, OFPP established a Board of Directors to assist FAI in its efforts to support the acquisition workforce. The Board provides general direction to FAI to ensure fulfillment of FAI’s statutory requirements and the requirements of this Letter.

The Board, which reports to the Administrator for Federal Procurement Policy, makes recommendations to OFPP regarding the development and execution of FAI’s annual budget. The Board also provides general direction to FAI on the allocation of AWTF resources, in accordance with the priorities of the acquisition community. The Board’s charter can be found on http://www.whitehouse.gov/goodbye/a845c611abc06095342e223bee6b9abdde233699.html.

 

14. Information Contact. Questions regarding this Policy Letter should be directed to Lesley A. Field, Office of Federal Procurement Policy (lfield@omb.eop.gov), or call (202) 395-7579.

 

15. Judicial Review. This Policy Letter is not intended to provide a constitutional or statutory interpretation of any kind and it is not intended, and should not be construed, to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, or any persons. It is intended only to provide policy guidance to agencies in the exercise of their discretion concerning federal contracting. Thus, this Policy Letter is not intended, and should not be construed, to create any substantive or procedural basis on which to challenge any agency action or inaction on the ground that such action or inaction was not in accordance with this Policy Letter.

 

16. Effective Date. This Policy Letter is effective April 15, 2005.

 

 

 

David H. Safavian
Administration

 

 

 

 

 

 

 


 

APPENDIX C

 

EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF MANAGEMENT AND BUDGET

WASHINGTON, D.C. 20503

DEPUTY DIRECTOR

FOR MANAGEMENT

 

January 20, 2006

 

MEMORANDUM FOR CHIEF ACQUISITION OFFICERS AND SENIOR PROCUREMENT EXECUTIVES

 

FROM:  Clay Johnson III 

Deputy Director for Management

 

SUBJECT:       The Federal Acquisition Certification in Contracting Program  

 

In April 2005, the Office of Federal Procurement Policy (OFPP) published Policy Letter 05-01, Developing and Managing the Acquisition Workforce, which required the Federal Acquisition Institute (FAI) to develop, and the Chief Acquisition Officers Council (CAOC) to approve, a certification program for contracting professionals in civilian agencies that reflects common standards.  The goal of the certification program is to standardize the education, training, and experience requirements for contracting professionals, which will improve workforce competencies and increase career opportunities.  The attached Federal Acquisition Certification in Contracting Program was approved by the CAOC in December 2005.    

 

The program mirrors, as closely as possible, the requirements that the Department of Defense established for its contracting workforce under the Defense Acquisition Workforce Improvement Act.  The program will be administered by each civilian agency, and FAI will conduct periodic reviews to ensure that the program is being managed consistently.  The certification shall be accepted by, at minimum, all civilian agencies as evidence that an employee meets the core education, training, and experience requirements to be a contracting professional (generally the GS-1102 series).

 

A well-trained acquisition workforce is critical to ensuring that agencies accomplish their mission goals.  Investment in the development of the federal acquisition workforce will improve our ability to meet mission needs and continue being effective stewards of taxpayer dollars.  If you have questions regarding the implementation of the program, please call Lesley Field on the OFPP staff at (202) 395-7579.  

 

Attachment

 cc:  Chief Human Capital Officers

 

 

Attachment

 

The Federal Acquisition Certification in Contracting Program

 

1.  Purpose.  The purpose of the Federal Acquisition Certification in Contracting (FAC-C) program is to establish core requirements for education, training, and experience for contracting professionals in civilian agencies.  

 

2.  Authority.  This certification program is issued pursuant to section 6(a) of the Office of Federal Procurement Policy (OFPP) Act, as amended (41 U.S.C. § 405(a)), 6(c)(5) of the OFPP Act, as amended (41 U.S.C. § 405(c)(5)), sections 37(b)(3) and (g) of the OFPP Act, as amended (41 U.S.C. § 433(b)(3) and (g)), and OFPP Policy Letter 05-01, paragraph 8(b).  

 

Based on these authorities, all executive agencies, except those subject to the Defense Acquisition Workforce Improvement Act (DAWIA), shall accept the FAC-C as evidence that an employee meets the applicable core education, training, and experience requirements for the general schedule (GS)-1102 series.  

 

3.  Background.  OFPP Policy Letter 05-01 established a requirement for federal acquisition certification programs.  Section 8(b) of this Letter required the Federal Acquisition Institute (FAI) to develop, and the Chief Acquisition Officers Council (CAOC) to approve, a FAC-C program.  The FAC-C program was approved by the CAOC in December 2005.

 

4.  Applicability.  The FAC-C program applies to all executive agencies, except those subject to DAWIA (10 U.S.C. §§ 1701-64).  

 

The federal certification in contracting is not mandatory for all GS-1102s; however, members of the workforce issued new Contracting Officer (CO) warrants on or after January 1, 2007, regardless of GS series, must be certified at an appropriate level to support their warrant obligations, pursuant to agency policy.  New CO warrants are defined in Policy Letter 05-01 as warrants issued to employees for the first time at a department or agency.  This requirement does not apply to: • senior level officials responsible for delegating procurement authority; • non-1102s whose warrants are generally used to procure emergency goods and services; or • non-1102s whose warrants are so limited as to be outside the scope of this program, as determined by the Chief Acquisition Officer (CAO).    

 

Agencies have discretion to make additional warranting requirements, and employees should review carefully agency warranting policy.  CAOs shall establish agency-specific requirements for tying warrant levels to certification levels based on agency needs.  However, agencies are encouraged to require a senior level certification for any employee issued an unlimited Contracting Officer’s warrant on or after January 1, 2007.  All agency warranting programs

 

 

should be updated to reflect the need for a minimum of 80 continuous learning points every two years (see paragraph 6.e.).

 

The SPE of a civilian agency may waive the requirement for obtaining a certification for warranting purposes in writing, on a case-by-case basis, if granting a waiver is in the best interest of the agency.  This authority may not be delegated, and the use of this authority shall be adequately documented.  This waiver is not transferable to another agency.  

 

The certification program is available to all members of the federal acquisition workforce and the volume of requests may be significant when the program begins.  For agency planning purposes, priority for consideration will be as follows:

 

• all warranted COs in the GS-1102 contracting series and non-DOD uniformed personnel in comparable positions;

• all warranted COs regardless of general schedule series with authority to obligate funds above the micropurchase threshold;

• other GS-1102s;

• other eligible individuals.

 

5.   Certification Program Oversight and Administration.  The FAI Board of Directors, in consultation with FAI, the Interagency Acquisition Career Management Council (IACMC), and other organizations as appropriate, shall provide general program oversight and shall recommend program changes to the Administrator for Federal Procurement Policy to ensure that the program reflects the needs of all civilian agencies.  Changes to the program may be communicated formally through the CAOC or through other means, depending on the significance of the change.  FAI shall maintain the most current version of the FAC-C program on its website, www.fai.gov.

 

FAI shall administer the program through issuance of guidance, processes, and information dissemination, principally through its website.  Additionally, FAI shall periodically review agencies’ implementation to ensure that the program remains rigorous and that the standards for certification for education, training, experience, and continuous learning are consistently applied by all civilian agencies.   

 

FAI shall conduct periodic agency audits to validate that the standards for the certification program are being met.  Audit checks may include:

 

• verifying that the agency maintains FAC-C applications;

• auditing an individual’s records for documentation that they attended the training reported on the FAC-C application;

• verifying that a rigorous fulfillment process is being followed by the agency and that this process is aligned with the Department of Defense (DOD) DAWIA fulfillment process; and

• after January 1, 2007, verifying that new warrant holders are appropriately certified in accordance with agency-specific policy.

 

 

 

The certification process, including verification and assessment of applications, will be managed by each agency.  Authority for overseeing the agency FAC-C program, resolving disputes, and granting certifications shall be at the Senior Procurement Executive (SPE) level.  The SPE may delegate, in writing, certain functions to a level no lower than the Acquisition Career Manager (ACM), as needed, to ensure effective and efficient management of the program.   The SPE may not delegate the waiver function as defined in the GS-1102 Qualification Standard.  

 

The ACM, appointed by the CAO under Policy Letter 05-01, or designee, is responsible for administering the agency certification program, including developing a communications strategy, in accordance with this and any subsequent guidance provided by OFPP or FAI.  The ACM shall also serve on the Interagency Acquisition Career Management Committee (IACMC), which is run by FAI, to ensure that workforce development policies and opportunities meet the needs of the acquisition workforce.  

 

6.   General Information on Core Competencies and the FAC-C Requirements for Education, Training, Experience, and Continuous Learning.

 

a.  Competencies - Although DOD and OFPP retain responsibility for managing their respective workforces, the establishment of core competencies will ensure that the acquisition community develops common skills.  The objective of the FAC-C is to align the core competencies and training requirements across the acquisition workforce, and the current competencies for the GS-1102 workforce shall be maintained on the FAI website, www.fai.gov.  However, these core competencies will periodically be updated, expanded, or otherwise modified to meet the current and future acquisition workforce requirements, and specialized competencies may be developed to support emerging trends in the government’s acquisition practices.  OFPP, Dodd, and OPM shall establish a competency management process to ensure that the core competencies remain relevant and current and are integrated into the curriculum, as appropriate.

 

b.  Education - This program does not change the education requirement in the Qualification Standard for Contract Specialist (GS-1102).  The civilian (non-DOD) and DOD education requirements for the GS-1102 series differ at grades 5 through 12 (or equivalent).  In accordance with the Qualification Standard, available on www.opm.gov, persons in civilian (non-DOD) GS-1102 positions grades 5 through 12 are required to have, from an accredited institution, either 24-semester hours of business related education OR a baccalaureate degree.  Persons seeking positions subject to DAWIA must have both 24-semester hours of business related education AND a baccalaureate degree at all grade levels.  

 

Civilian agency employees in GS-1102 positions will be considered to have met the standard, including the education requirement, for positions they occupied on January 1, 2000.  FAC-C Appendix 1 provides guidance on the subject areas and types of classes that meet the education requirement, and agencies shall use this guidance to ensure consistent interpretation of the standard.  FAI and the Defense Acquisition University (DAU) will make further guidance available on their respective websites, as needed.

 

Education waivers granted by an agency, in accordance with the Qualification Standard, are not transferable to other agencies and do not satisfy the education requirement for a FAC-C.  An

 

employee must meet the appropriate education requirements to be certified.

 

c. Training - In accordance with OFPP Policy Letter 05-01, civilian agencies shall follow the training curriculum established by DOD (see paragraph 7).  Core courses must be provided by DAU or be considered DAU-equivalent courses.