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),

•