U.S. DEPARTMENT OF AGRICULTURE

WASHINGTON, D.C. 20250

DEPARTMENTAL REGULATION

NUMBER:

5001-1

SUBJECT:

Acquisition Workforce Training, Delegation, and Tracki Tracking Systems

DATE: September 30, 2003

OPI:Office of Procurement and Property Management

1 PURPOSE

This Regulation 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. 92-3, OFPP Policy Letter

No. 97-01, and other Government-wide guidelines used to foster and promote a professional AW.

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.

2 CANCELLATION

This regulation is a revision of Departmental Regulation (DR) 5001-1 and cancels DR 5001-1, “Acquisition Workforce Training, Delegation, and Tracking Systems” dated September 21, 2000.

3 POLICY

Contracting Activities shall provide AW personnel competency-based training. On behalf of the Senior Procurement Executive (SPE), each Head of the Contracting Activity (HCA) is responsible for enhancing the development of a professional workforce by assuring compliance with mandatory acquisition training and experience standards as outlined in this Regulation.

Distribution 50

4 APPLICABILITY

The FAR guidance contained herein shall apply to the following USDA 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 Heads of Contracting Activity Designees; and

f Any other position determined by the SPE to be an AW position.

5 BACKGROUND

During the past 25 years, every major study of the Federal acquisition process has recommended improvements in the management of the AW. The AW is responsible for purchasing billions of dollars in goods and services for the Government every year. A highly skilled workforce is a critical element in obtaining effective procurement support of mission delivery. 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. This Regulation implements that Act and OFPP Policy Letter No. 97-01.

6 ABBREVIATIONS

AGAR Agriculture Acquisition Regulation

AW Acquisition Workforce

AWTS Acquisition Workforce Tracking System

CMPO Career Management Program Office

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

FAR Federal Acquisition Regulation

FAI Federal Acquisition Institute

FPDS Federal Procurement Data System

FSS Federal Supply Schedule

GS General Schedule

GSA General Services Administration

HCA Head of the Contracting Activity

HCAD Head of the Contracting Activity Designee

IDP Individual Development Plan

IT Information Technology

NCMA National Contract Management Association

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

OJT On the Job Training

OO Office of Operations

OPPM Office of Procurement and Property Management

PPD Procurement Policy Division

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, Head of Contracting Activity Designees, Contracting Officers, CORs/COTRs or equivalent, and other positions as designated by the SPE.

b Acquisition Workforce Coordinator. An employee responsible for an agency’s Career Management Program or manages an agency’s Acquisition Workforce.

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

d Career Management Program Office. The office within OPPM responsible for enhancing the careers of USDA’s Acquisition Workforce. These efforts are primarily accomplished by developing, implementing, and evaluating USDA training policies issued pursuant to Executive Order No. 12931, OFPP Policy Letter No. 92-3, and OFPP Policy Letter No. 97-01.

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

f Competency-based Training. Training in contract duties that provide employees an opportunity to develop and demonstrate an appropriate level of skill, given the characteristics of the agency’s overall mission.

g 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. It includes commitments and awards; notices of awards; job orders or task letters issued under basic ordering agreements; Economy Act purchases pursuant to interagency agreements with other Federal agencies or USDA agencies; letter contracts; orders, such as purchase orders for any amount, under which the contract becomes effective by written acceptance or performance; and bilateral/unilateral contract modifications. Contracts do not include grants or cooperative agreements covered by 31 U.S.C. 6301, et. seq.

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

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

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

k Contracting Officer Representative (COR). Also referred to as Contracting Officer Technical Representative (COTR). A person designated by the Contracting Officer to assist in the technical monitoring or administration of a contract. Procedures vary from agency to agency, but generally a COR must be designated in writing with a copy furnished to the contractor. The designation does not include any authority to make any commitments or changes that affect price, quality, quantity, delivery, or other terms and conditions of the contract. For purposes of this Regulation, we will use the term CORs for COTRs and CORs.

l Contracting Officer Technical Representatives (COTR). See Contracting Officer Representative.

m Contracting Officer Warrant Authority. Authority delegated to a Level I through III Contracting Officer to bind the Government.

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

o Equivalent Course. A course used as a substitute for one or more of the courses in the Individual Development Plan. Equivalent course work may be as listed in Tables 1, 2, and 3 or as defined by course content.

p 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.

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

r Head of the Contracting Activity (HCA). The official delegated broad authority by the SPE to manage the contracting activity. Unless stated otherwise, the HCA may designate, on a non-delegable basis, an individual (not a position), to act as the HCA.

s Head of the Contracting Activity Designee (HCAD). The individual (not a position) designated by the HCA to carry out the functions of the HCA. This individual 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.

t Individual Development Plan (IDP). A plan based upon Government-wide requirements that prescribe courses and related on-the-job units of instruction. Employees use the plan to annotate their training schedule and to document the completion of formal and on-the-job training.

u On-the-Job Training (OJT) Unit of Instruction. A duty performed by an AW member as a prerequisite for certification. Employees generally accomplish OJTs through experience.

v Procurement System. The integration of the procurement process, the professional development of the AW, and the management structure for carrying out the procurement function.

w 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.

x Senior Procurement Executive (SPE). The Agency official appointed by the Head of the Agency 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. This individual has agency-wide responsibility for:

(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; and

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

y Simplified Acquisition Procedures. 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.

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

aa Warrant. The document, SF-1402, which authorizes an employee to serve in the capacity of a Contracting Officer. This document assures the public of the Contracting Officer’s authorization to bind the Government within the limitation stated on the SF-1402.

8 ACQUISITION WORKFORCE TRAINING

One goal of USDA’s Acquisition Workforce training program is to provide employees quality training that is consistent from one USDA agency to another and from one Federal agency to another. To ensure a quality workforce, each AW member will be responsible for:

a Demonstrating the competence to meet all applicable educational requirements;

b Completing the mandatory procurement training curriculum; and

c Demonstrating the ability to reinforce learned skills and knowledge through on-the-job work assignments and rotational assignments.

9 EDUCATIONAL REQUIREMENTS

Appendix C, Qualification Standard for GS-1102 Personnel, outlines educational requirements for contract specialists. Educational requirements for CORs and HCAs fall within the purview of their job series and are not AW requirements. It is recommend that GS-1105 employees meet the educational requirement outlined in Appendix D.

10 MANDATORY PROCUREMENT TRAINING

OFPP prescribed a core procurement-training curriculum covering the full range of competencies to which agencies should train Contract Specialists (GS-1102) and Contracting Officers, regardless of series. Appendices D and E contain the mandatory core training curriculum. Table 3 lists minimum procurement training for CORs.

11 OJT UNITS OF INSTRUCTION

Contracting Officers, Contract Specialists, and CORs must complete the OJT units of instruction for each competency listed in FAI’s Contract Specialist or COR Workbook (Training Blueprints), as applicable. When necessary, supervisors or AW coordinators may schedule the following types of activities to complete OJT Units of Instruction:

a Work Assignments. Work that gives the employee an opportunity to practice the duty(ies) represented by the OJT Unit of Instruction.

b Rotational Assignments. A means for completing an OJT unit of instruction that involves assigning an employee work from another contracting office. The rotational assignment provides the employee an opportunity to practice performance of one or more duties represented by the OJT Unit of Instruction from the employee’s IDP. Rotational assignments can be for a period of one day and up to three months. Training periods should be of an appropriate duration to complete the training in the specified OJT Unit of Instruction. The supervisor assigning the work evaluates the employee.

c Other Developmental Activities. Contracting organizations may assign comparable activities to provide the employee an opportunity to practice performance of the duty and related tasks from the OJT Unit of Instruction. Agencies are encouraged to coordinate developmental activities with the CMPO before scheduling the instruction.

d Waivers Based on Inability to Provide a Developmental Assignment. The HCA/HCAD may waive an OJT Unit of Instruction in the IDP under the following conditions:

(1) The employing agency does not perform the related duty at that locality.

(2) The employing agency cannot provide a satisfactory developmental activity in that local commuting area.

12 MICRO-PURCHASE TRAINING FOR NONPROCUREMENT PERSONNEL

Unwarranted Micro-purchase cardholders are not AW members. USDA has issued numerous purchase cards to employees to reduce the issuance of administratively costly purchase orders for inexpensive goods and services up to the Micro-purchase threshold of $2,500 ($2,000 for construction). Purchase Card Managers provide cardholders training in the proper use of the card prior to issuance of the card.

13 TRAINING GS-1105 PERSONNEL

Personnel in the GS-1105 series are normally referred to as Purchasing Agents.

Agencies may delegate authority to GS-1105 employees to award and administer purchase card transactions and orders for goods and services up to a maximum of $100,000 ($300,000 on delivery orders). At a minimum, agencies shall provide each GS-1105 employee an extensive Simplified Acquisition Procedure course. Agencies are encouraged to provide GS-1105 employees coursework listed in Table 2 upon completion of the training curriculum in Table 1. We do not recommend repeatedly taking the same course or equivalent courses to meet established training requirements.

Table 1: Training Curriculum for GS-1105 Personnel
Course Number	Course Title	Course Equivalents
	Simplified Acquisition Procedures
CON 101	Fundamental of Contracting	Introduction to Contracting
		Acquisition Planning I Contract Administration I Contract Formation

OJT Units of Training: 1, 3, 4, 5, 6, 7, 8, 9, 16, 17, 19, 20, 21, and 22

14 OJT SKILL LEVELS AND UNITS OF INSTRUCTION FOR GS-1105 PERSONNEL

GS-1105 Purchasing Agents with Level IC warrant authority must attain a minimum skill level for the following OJT Units of instruction outlined in the Contract Specialist Workbook (Training Blueprint): Units 1, 3, 4, 5, 6, 7, 8, 9, 16, 17, 19, 20, 21, and 22. Purchasing Agents may document the completion of OJT Units of Instruction by using Appendix H and having the information incorporated into the AWTS.

15 TRAINING GS-1102 PERSONNEL

GS-1102 positions are generally referred to as Contract Specialists or Procurement Analysts. Whether warranted or unwarranted, GS-1102 personnel are procurement professionals who are responsible for knowing, understanding, and performing the duties outlined in Appendix H. Table 2, below, contains the mandatory procurement-training curriculum mandated by the GS-1102 qualification standard for GS-13 positions and above.

Table 2: Training Curriculum for GS-1102 Personnel
Course Number	Course Title	Course Equivalents
	Simplified Acquisition Procedures	Simplified Acquisition Procedures
CON 101	Fundamental of Contracting	Introduction to Federal Contracting Acquisition Planning I Contract Administration I Contract Formation
CON 104	Fundamentals of Contract Pricing	Price Analysis Cost Analysis Federal Contract Negotiation Techniques
CON 202	Intermediate Contracting	Acquisition Planning II Contract Formation II Contract Administration II
CON 204	Intermediate Contract Pricing	Intermediate Contract Pricing
CON 210	Government Contract Law	Federal Contract Law
Optional - CON 301 (or CON 353)	Executive Contracting Advanced Business Solutions for Mission Support	Executive Seminar in Acquisition

16 OJT UNITS OF INSTRUCTION FOR GS-1102 PERSONNEL

For planning purposes, GS-1102 personnel who have not completed the mandatory OJT Units listed in Appendix H may use their present IDP forms or develop an updated IDP form using Appendix I. To document completion, employees and agencies should assure that the information is included in the USDA AWTS.

17 CONTRACT SPECIALIST CERTIFICATION PROGRAM

Upon completion of the following requirements or equivalent, GS-1102 personnel will be noted in the AWTS as a certified Level I, Level II, or Level III Acquisition Professional. Program certification requirements are consistent with minimum classroom and OJT requirements for Contracting Officers. Whether warranted or unwarranted and upon completion of the Level III training requirements, each GS-1102 employee is eligible to receive a certificate signed by the SPE.

Level IC - Completion of a Simplified Acquisition Procedure course, and CON 101

Level IIB - Completion of Level I requirements, CON 104, CON 202, CON 204, and

CON 210.

Level IIIC - Completion of Level II requirements and CON 301 (or CON 353).

18 CONTRACT SPECIALIST WORKBOOK (TRAINING BLUEPRINT)

a Each Contract Specialist, supervisor, or AW Coordinator shall have access to a copy of the Contract Specialist Workbook (or Training Blueprints). Workforce members can download the Workbook from the FAI homepage. The Workbook is a required guide for:

(1) Performing contract management duties;

(2) Identifying and reporting training needs; and

(3) Documenting the completion of course work and on-the-job training.

b The Workbook is an integral part of an employee’s ability to learn and demonstrate competence. It includes a separate unit of instruction for each duty consisting of:

(1) Instructional objectives for training the duty;

(2) Relevant FAR references;

(3) A flow chart of steps in performing the duty;

(4) A step by step breakdown of the duty; and

(5) Forms for planning and documenting training in the duty.

FAI has the responsibility for modifying the Contract Specialist Workbook (Training Blueprint) to meet the needs of contracting personnel and make revisions as procurement regulations change.

19 GS-1102 AND GS-1105 INDIVIDUAL DEVELOPMENT PLAN

GS-1105 employees who are preparing for Level IC warrant authority and employees entering the GS-1102 series shall develop, in conjunction with their supervisor, an IDP (Appendix H) that reflects the necessary course work, a training schedule, and related on-the-job units of instruction. Agencies should prepare and approve IDPs on an annual basis, coinciding with the performance-rating period. Employees enrolled in the program at

mid-level or full performance grade levels must complete course work and OJT Units of Instruction in those areas where they lack skills.

20 TRAINING CONTRACTING OFFICER REPRESENTATIVES

Employees designated as CORs (sometimes referred to as COTRs) must demonstrate an ability to perform selected pre-award and post-award administrative functions on behalf of the Contracting Officer. CORs can download a copy of FAI’s Contracting Officer’s Representative (COR) Training Blueprints (formerly called the Contracting Officer’s Representative (COR) Workbook), including the Government-wide training curricula for CORs, at FAI’s home page.

Designated CORs shall obtain training as outlined in Table 3. In lieu of formal classroom instruction, CORs may obtain basic training from the FAI’s On-Line University. Level II and III CORs must complete a basic COR course, maintenance, and OJT requirements before certification.HCA/HCADs may modify OJT skill levels, as needed, to reflect current job descriptions and agency missions.

21 COR CERTIFICATION PROGRAM

Employees will be noted as certified Level I, II, or III CORs in the AWTS upon completion

of the training requirements outlined in Table 3 and Appendix G. The CMPO will not issue COR certificates or certification letters. Agency contracting activities or program officers may provide these documents to CORs if they wish. The HCAD shall assure that COR training information is included into the AWTS after designation by the Contracting Officer.

22 COR AUTHORITY

The Contracting Officer shall delegate limited COR authority, in writing, for the administration of various technical aspects of a contract. Authority to bind the government stays with the Contracting Officer.

On occasion, the HCA may delegate a COR Administrative Contracting Officer authority, (e.g., award modifications against the contracts, etc.) A COR who is also an ACO must meet the required education, training, and experience requirements necessary to posses a warrant (SF-1402) at a level at least equivalent to the total contract amount.

Table 3: COR/COTR and Program Manager Training Curriculum

Training shall include a discussion of the following duties (competencies) or equivalent:

Level I (Basic)

COR Course (Federal Acquisition Process)

Level II (Mid)

Recommended On-the-Job Training In:

Preparing a Requirements Package (1)

Technical Assistance (3)

COR Workplan (4)

Postaward Orientation (5)

Monitoring Contractor Performance (5)

Inspection and Acceptance (8)

Past Performance (9)

Options (11)

Payment (17)

Closeout (18)

Level III (Advanced)

Recommended On-the-Job Training In:

Government Property (2)

Administering Government Property (6)

Contract Modification (10)

Options (11)

Delays (12)

Stop Work (13)

Claims (14)

Remedies (15)

Terminations (16)

Training is cumulative. Duty descriptions are found in the COR Workbook.

23 COR TRAINING PLAN

Employees nominated to serve as Level II and III CORs must develop a training plan with their supervisor. The plan format, which can be found in Appendix J, shall document scheduled COR training, when needed, and completed COR training outlined in Table 3.

24 DETERMINING THE COR LEVEL FOR A CONTRACT

Contracting Officers and Program Managers shall determine when and if a COR is needed and the certification level necessary to administer a contract. Managers should determine COR levels by reviewing the list of duties, deciding what competencies apply to a project, and estimating the skill levels necessary to perform those duties. Contracting activities are authorized to mandate minimal training requirements (training in specific duties) for individuals performing isolated COR functions. Agencies shall maintain information on individuals with minimal COR training in the AWTS.

25 COMPLIANCE WITH COR TRAINING REQUIREMENTS

Employees scheduled for designation as CORs must complete all training requirements within three months after assuming Level I COR duties; five months after assuming Level II COR duties; and six months after assuming Level III duties.

Agencies may consider using lower level trained CORs until more experience CORs are available. During unusual and compelling emergencies when it is certain that a higher level COR is needed but not available, the HCA/HCAD, on a one-time, non-delegable basis, may waive the COR training requirements. Waivers shall document why the designated individual(s) will not have an opportunity to obtain the necessary training.

26 MAINTENANCE TRAINING FOR ACQUISITION WORKFORCE MEMBERS

Contracting Officers, HCADs, and GS-1105/GS-1102 employees shall obtain at least 40 hours of continuing education or training every two years. Employees working as CORs must obtain 16 hours of training every two years to remain active participants in the AW certification program. Failure to meet the maintenance requirements may result in the termination of a Contracting Officer warrant, the termination of a COR certification, or an inability to meet the GS-1102 qualification standard.

Agencies shall compute maintenance-training dates on a calendar year basis. Each maintenance period will commence on January 1 and end on December 31 of the following year. Workforce coordinators and HCADs may establish maintenance periods for AW members using any method that will assure consistent biennial training. To ease the December training rush, we recommended managers have a portion of their workforce maintenance training ending dates conclude on even years and the other portion conclude on odd years.

The maintenance period date shall not change while employed within USDA. Maintenance training 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 also include non-mandatory classroom training, seminars, conferences, satellite downlinks, on-line courses, agency sponsored training, management/executive seminars, professional association-related projects, participation in seminars, or any other training that enhances present acquisition job skills. Each agency shall establish informal procedures to ensure that AW personnel keep their training records current in the AWTS.

27 COMPETENCY-BASED TRAINING

Agencies may provide training from any qualified training source. To assure acceptability outside of USDA, AW personnel are encouraged to take Defense Acquisition University equivalent courses when available. Until instructed otherwise, employees should review the training organization’s course outline before enrollment to assure coverage of critical duties (competencies).

28 TRAINING HEADS OF THE CONTRACTING ACTIVITY

a The HCAD shall obtain a minimum of 160 hours of basic contract training within one year after assuming responsibilities for the contracting activity. HCADs shall accumulate 40 hours of maintenance training every two years. Listed below are some activities for accumulating training:

(1) Attend seminars to remain current with new contracting reforms;

(2) Attend courses via formal classroom training, satellite downlinks, on-line, etc.;

(3) Attend NCMA meetings and read contracting journals/articles; or

(4) Attend contract management courses.

b HCADs shall assure that their training accomplishments, including the number of hours, are included in the AWTS. They should also address all requests for exceptions and time extensions to the SPE.

29 DELEGATION OF WARRANT AUTHORITY

The SPE, HCA, HCAD, and Contracting Officers are the only individuals legally authorized to bind the Government by executing contracts, as defined in this Regulation, and to sign determinations and findings required by FAR. Agenciesmust clearly state ContractingOfficer warrant authority in writing on a SF-1402, Certificate of Appointment. Contracting Officers are responsible for their signed procurement documents. They cannot sign “for” or over the name of another Contracting Officer, or at a level exceeding the limitations stated on his or her individual warrant.

30 EXEMPTIONS FROM WARRANTING REQUIREMENTS.

The Contracting Officer warranting requirement does not cover personnel carrying out transactions or executing documents listed below. Individuals should be duly authorized and instructed as to 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:

a Imprest Fund Transactions [Agencies shall designate specific individuals to approve imprest fund transactions until these types of transactions are totally replaced by the Purchase Card Management System and/or other substitute processes].

b SF-182, Request, Authorization, Agreement, and Certification of Training.

c Government Bills of Lading.

d Leasing of Real Property [Individuals shall comply with DR 5100-2, Real Property Leasing Officer Warrant System].

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

f Cooperative agreements and grants.

31 MAXIMUM WARRANT AUTHORITY FOR GS-1102 PERSONNEL

Appointing officials may grant up to an unlimited amount of warrant authority to GS-1102 personnel. Appointing officials shall determine the amount of authority by examining the agency’s needs, and reviewing the employee’s education, procurement training, and experience. In addition to meeting the Office of Personnel Management’s qualification standard for GS-1102 employees (see Appendix C), Contracting Officers must meet all general and specialized requirements outlined in Appendix E.

32 MAXIMUM WARRANT AUTHORITY FOR GS-1105 PERSONNEL

GS-1105 personnel are authorized to use the simplified contract format for issuing:

a Purchase orders, including purchase order modifications, up to $100,000;

b Delivery orders, including delivery order modifications, up to $300,000; and

c Purchase orders and delivery orders, including purchase/delivery order modifications, for the award of IT, construction, and architect/engineering contract requirements. A Level IC Contracting Officer must sign orders over $25,000 and have training for any specialized contracting areas.

33 WARRANT AUTHORITY FOR NON-PROCUREMENT PERSONNEL

Appointing officials may grant non-procurement personnel warrant authority up to $25,000 (Level IA or IB) for commercial supplies and services, including construction. Purchase order and delivery order authority, including orders for IT, may be authorized up to the delegated warrant authority for commercially priced supplies and services. Employees granted legal authority to bind the Government must comply with all Federal laws, rules, regulations, agency directives, FPDS reporting requirements, and other acquisition guidelines. Non-procurement personnel who are appointed as Contracting Officers must meet all applicable general and specialized requirements outlined in Appendix D.

34 APPOINTING OFFICIALS FOR CONTRACTING OFFICERS

Unless authorized otherwise by the SPE in writing, the HCA and HCAD are the only appointing officials for Contracting Officers. The HCA and HCAD, as authorized appointing officials, shall determine if the appointment is consistent with applicable requirements of the AGAR, the FAR, and other delegations of authority.

35 CONTRACTING OFFICER APPOINTMENTS

Appointing officials must appoint Level I through III Contracting Officers in writing on a Certificate of Appointment (SF-1402). The certificate shall state the individual’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 that individuals nominated as Contracting Officers meet the minimum requirements of Appendix D and E. The CMPO shall periodically examine the qualifications and need for Contracting Officer appointments.

36 REQUIRED AMOUNT OF DELEGATED WARRANT AUTHORITY

Contracting Officers are authorized to sign contract actions up to their delegated warrant authority as specified on the SF-1402. Contracting Officers are also authorized 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 are prohibited from signing actions, including modifications, options, estimated orders against an indefinite delivery contract, or any other situation, 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 action 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 responsible for assuring that the document is in compliance with all applicable laws, rules, and regulations.

37 WARRANTING GS-1102 AND GS-1105 EMPLOYEES

It is not required that an agency warrant some procurement positions, such as procurement analysts. Agencies shall warrant employees when there is a valid organizational need for a Contracting Officer. Factors such as volume of actions, complexity of work, and organizational structure shall be major considerations when issuing warrants.

38 CONTRACTING OFFICER APPOINTMENT PROCEDURES

After determining the need, a supervisor or a workforce coordinator may nominate a Contracting Officer candidate at an appropriate level. The amount specified on the warrant should cover the estimated maximum contract amount, including all option periods. The candidate shall prepare a qualification statement similar to Appendix K, documenting all required qualifications. The supervisor or workforce coordinator must review the statement and prepare a request for appointment similar to Appendix M for each candidate nominated.

After receipt and a satisfactory review of the information outlined above, the appointing official shall sign and issue the certificate of appointment (SF-1402). Each AW member is responsible for submitting documentation to the appropriate personnel for input into the AWTS. Periodically, the CMPO will review the AWTS and make recommendations as appropriate. Any decision or recommendation made by the CMPO may be appealed to the SPE.

39 INTRA-AGENCY AND INTERAGENCY PROCUREMENTS

It is the responsibility of the contract activity managers to determine the acceptability of intra-agency and interagency work assignments. Contracting Officers shall perform all contract duties as assigned by their supervisors.

40 AUTHORIZATION TO WAIVE THE REQUIREMENTS OF THIS REGULATION

Unless otherwise specified, the SPE is the only individual authorized to waive the requirements in this Regulation.

41 APPOINTING FOREIGN NATIONALS AS CONTRACTING OFFICERS

Agencies shall get concurrence from OPPM/PPD before delegating warrant authority to any individual outside the United States who is not an American citizen.

42 CONTRACTING OFFICER APPOINTMENT EQUIVALENCIES

Employees may use ONE of the following equivalencies when they have a year or more of on-site procurement experience:

a Completion of a 2-year associate’s degree program in procurement may be substituted for six months of procurement experience.

b Completion of a 4-year undergraduate program in procurement from an accredited college or university may be substituted for one year of procurement experience.

c Completion of a graduate program in procurement from an accredited college or university may be substituted for one year of procurement experience.

d Total equivalent experience for an employee shall not exceed one year.

e Contract personnel who possess valid certifications as a certified contracts manager (CPCM, CFCM, CCCM, CACM, or SAS) by the National Contract Management Association, certified public purchasing officer by the National Institute of Government Purchasing, certified purchasing manager by the National Association of Purchasing Management, or by other professional acquisition organizations, as approved, may be credited with 80 hours of “general subject” training requirements.

43 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 5

C.F.R. Part 2635).

c Failure to maintain training standards after appointment.

d Failure to maintain a satisfactory performance rating.

e Reassignment of the individual to a position not requiring a warrant.

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

g Separation of the individual from the organization (automatic termination).

44 GS-1102 QUALIFICATION STANDARD

The Office of Personnel Management and OFPP revised the GS-1102 Contract Specialist Qualification Standard in June 1997 and December 1999. A detailed explanation of the standard for civilian GS-1102 employees can be found in Appendix C.

45 APPLICATION OF THE GS-1102 QUALIFICATION STANDARD

The GS-1102 Qualification Standard provides two exceptions for GS-1102 employees. While employees in the exception group may be eligible to compete for positions, they often may not be as competitive as a fully qualified individual competing for the same position. To the extent possible, we encourage all GS-1102 employees to take advantage of training opportunities, attempt to meet the qualification standard, and prepare for future opportunities.

46 EMPLOYEES OCCUPYING GS-1102 POSITIONS IN GRADES 13 THROUGH 15

Employees that occupied GS-1102 positions in grades 13 through 15 but did not meet the standard outlined in Appendix C were eligible for promotions in USDA and other Federal agencies up to December 31, 1999. These employees are considered qualified for the grade level and position occupied on January 1, 2000. This applies to positions in the same agency or other federal agencies, including breaks in Federal service. After January 1, 2000, these same employees will remain eligible to compete for jobs at the same grade level; however, they must meet the revised standard for a promotion.

47 EMPLOYEES OCCUPYING GS-1102 POSITIONS IN GRADES 5 THROUGH 12

Employees occupying GS-1102 positions in grades 5 through 12 on January 1, 2000 are eligible for promotions in USDA and other Federal agencies up through grade 12. There is no time limit associated with promotions up to grade 12 or other limits on an employee’s eligibility to compete for other Federal jobs at the same grade level. Procurement personnel competing for promotions after grade 12 must meet the GS-1102 qualification standard. Individuals entering the GS-1102 series and employees converting from the GS-1105 to the GS-1102 series must meet the basic standard.

48 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 Regulation (Appendix F)

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

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

(4) Skill at performing contracting competencies (OJT).

b To meet the conditions of OFPP Policy Letter 97-01 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 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) 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.

49 ACQUISITION WORKFORCE TRACKING SYSTEM

Government-wide mandates require Executive Agencies to collect and maintain standard AW personnel data in a management information system. OPPM has developed an AWTS to collect the required data. Contracting activities are responsibility for updating and maintaining their agency’s training records using the AWTS.

50 AGENCY DOCUMENTATION FOR THE AWTS

a The AWTS will house the bulk of the AW records. Each HCA will be responsible for keeping a hard copy of each signed SF-1402 Delegation of Authority.

b Acquisition Workforce employees are responsible for maintaining a file with hard copies of training records/documentation or other evidence for verification of training accomplishments or completion. Personal files should include course certificates, seminar flyers to demonstrate subject matter, conference information, training forms, course syllabus, course length, dates attended, training providers and other types of information to document course completion and subject area covered.

51 AWTS INFORMATION

a The AWTS will document training and support managers in making informed budgeting, staffing, and training decisions.

b The AWTS will track the following elements:

(1) Name of Individual

(2) Agency

(3) Agency Code

(4) Office Location and Address

(5) Telephone/Fax Number

(6) E-mail Address

(7) Occupational Series and Grade or Pay Level

(8) Current Acquisition Career Specialty

(a) Procurement Policy

(b)Information Technology

(d)Architect/engineering

(e) Simplified Acquisitions

(f) Major System Acquisition (Excludes Construction or Other Improvements)

(9) Training (Including course title, hours, provider, completion dates, and cost)

(10)Education

(11)Certifications

(12)Waivers

(13)CO Authorities and Level

(14)COR Level

(15)CO/COR Individual Development Plan (Including OJT Competencies Completed)

52 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 Regulation.

(2) Make final determinations on course equivalencies.

(3) Review Contracting Officer Appointments.

(4) Assure agencies maintain a computerized file for personnel.

(5) Review agency supplements to this Regulation.

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;

(d)Involves annual appraisals; and

(e) Identifies effective and ineffective performance.

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

(3) Ensure supervisors or AW coordinators provide employees proper instructions on the program and access to a copy of the “Contract Specialist Workbook (Training Blueprint).

”

(4) Forecast procurement training and other expenses in budget estimates.

(5) Ensure classroom and on-the-job assignments in IDPs are scheduled, conducted, and evaluated by the supervisor or AW Coordinator.

(6) Review all Contracting Officer requests within your agency.

(7) Unless otherwise authorized, sign Contracting Officer Certificates of Appointment and assure that Contracting Officers properly display the Certificates.

c Supervisors or AW Coordinators shall:

(1) Ensure AW personnel are properly instructed in the program and as required, have access to a copy of the “Contract Specialist Workbook (Training Blueprint).”

(2) Recommend individuals for Contracting Officer appointments.

(3) Prepare, in consultation with the participant, an IDP.

(4) Ensure classroom and on-the-job training assignments in the IDPs are scheduled, conducted, and evaluated.

(5) Discuss with the employee each training and development activity upon completion.

(6) Monitor and evaluate each participant’s progress semiannually and review his or her progress against the IDP.

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 AW coordinators in discussing, developing, and preparing the IDP.

(3) Submit copies of training certificates and other evidence of satisfactory training using agency procedures for input into the AWTS. (Employees are responsible for verification of all training.)

53 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.

54 CONFLICT OF INTEREST

All USDA acquisition personnel must comply with existing conflict of interest regulations/laws, and file the approved forms as required.

55 ETHICS

Acquisition Workforce members must comply with the high standards of ethical behavior so that citizens can have complete trust in the integrity of the acquisition system.

56 AGENCY SUPPLEMENTS

The policy provided in this Regulation supersedes all USDA agency supplemental guidance. A departure from this Regulation requires a written request to and authorization from the SPE. Supplemental instructions and amendments require review and concurrence by OPPM/PPD before issuance. Agencies are reminded that supplements shall not repeat, paraphrase, or restate material contained in this Regulation.

57 REPORTING VIOLATIONS

Individuals who have information concerning non-compliance with this Regulation may file a report with OPPM/PPD.

58 INQUIRIES

Direct all AW inquiries through agency channels to the OPPM/PPD, telephone number (202) 720-7527 or FAX Number (202) 720-8972

Appendix A

EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF MANAGEMENT AND BUDGET

WASHINGTON, D.C. 20503

Office of Federal Procurement Policy

June 24, 1992

Policy Letter 92-3

TO: THE HEADS OF EXECUTIVE DEPARTMENTS AND ESTABLISHMENTS

SUBJECT.Procurement Professionalism Program Policy Training for Contracting Personnel

Purpose. To establish a Government-wide standard and associated policies for skill-based training in performing contracting and purchasing duties.

Authority. This Policy Letter is issued pursuant to Section 6(a) of the Office of Federal Procurement Policy (OFPP) Act [Public Law 93-400], as amended, (41 U.S.C. 405(a) ). It establishes a standard for procurement systems (which includes the professional development of procurement personnel) under the authority of Section 6(d)(2) of the OFPP Act, as amended, (41 U.S.C. 405(d)(2)).

Background. The quality of contracting actions depends largely on the professional skills of the Government procurement workforce to help meet agency mission needs. Improved management will help ensure Government interests are effectively represented within a changing legislative and regulatory environment.

In July 1990, this office established an inter-agency group to develop a detailed Procurement Professionalism Plan for agencies to identify a comprehensive program of workforce improvement. Four subgroups devised recommended actions on the recruitment, training, retention and the evaluation of performance of the procurement workforce. The Defense Systems Management College led the training subgroup, which identified several opportunities for improvement and efficiencies when coupled with an enhanced Federal Acquisition Institute (FAI).

Among other things, the training subgroup strongly recommended competency based education for Federal contracting and purchasing personnel. Competency-based education refers to programs that provide an opportunity for the trainee to develop and demonstrate an appropriate level of skill (given the characteristics of the agency's overall mission) at performing a duty. The training subgroup recommendations were used in formulating this policy.

This Policy Letter establishes a standard set of contracting competencies after repeated and extensive coordination with Executive agencies through the FAI. The FAI conducted Government-wide research from 1977 to 1979 to identify contract management tasks. The survey used had a very high participation rate of almost half of all contract specialists in all Executive agencies at the time. During the period 1980 - 1985, FAI worked with representatives of Procurement Executives to select duties and tasks for training. The selected duties collectively constitute the body of contracting "competencies." Subsequently, the FAI developed "Units of Instruction" for core competencies, each of which is a blueprint for training one of the selected duties both in the classroom and on-the-job. In 1992, the FAI published these "Units of Instruction" under the title Contract Specialist Workbook. The 1992 edition covers almost 80 duties (see the Contract Specialist Workbook for an updated summary list) and more than 800 related tasks. Every contracting official in the Federal Government is expected to attain an appropriate level of skill at performing all contracting competencies identified by FAI. However, agencies may modify this standard by assigning levels of learning commensurate with agency needs and adding agency-level competencies.

Policy. Heads of Executive Departments and Agencies shall ensure that the procurement career management program required under Section 16 of the OFPP Act (41 U.S.C. 414(4)):

a. Requires personnel in the contracting occupational series (General Schedule Series 1102), and uniformed personnel in comparable positions, to complete course work and related on-the-job training necessary to attain an appropriate level of skill (given the unique missions, policies and workload of the agency) in each Contract Management duty represented by a Unit of Instruction in the FAI Contract Specialist Workbook. These may be supplemented with additional contracting duties and tasks by the agency head. Alternative means may be used for these individuals to demonstrate their competence to perform required duties (e.g. through practicums, equivalency examinations, or managerial reviews of an individual's current level of skill in each duty);

b. Requires civilian and uniformed personnel appointed under Section 1.6 of the Federal Acquisition Regulation (FAR) as contracting officers with authority to award or administer contracts above the small purchase threshold to complete course work and related on-the-job training necessary to attain an appropriate level of skill (given the unique missions, policies, and workload of the agency) in each Contract Management duty represented by a Unit of Instruction in the FAI Contract Specialist Workbook, or otherwise demonstrate their competence to perform those duties through alternative means;

c. Requires personnel in the purchasing occupational series (General Schedule Series 1105), other civilian and uniformed personnel performing purchasing duties, and individuals with contracting authority at or under the small purchase threshold, or with authority to place delivery orders at any dollar level, to complete training in duties related to making small purchases under FAR Part 13 and placing delivery orders;

d. Provides for a system for certifying and reporting the completion of all required courses and on-the-job training;

e. Encourages self-development activities of contracting personnel to stay current with the acquisition knowledge base for professional growth throughout their careers, and

f. Directs the Senior Procurement Executive to designate a procurement career manager with authority for agency-wide policy and oversight responsibility for the procurement career management program, including authority and responsibility for working in cooperation with other agencies through the FAI to make the most effective and efficient use of existing instructional material or facilities and minimize duplication of effort in the development and delivery of training and education.

Implementation. The FAI is developing instructional materials in the contracting competencies to support comprehensive training in formal classroom settings as well as at the work site and through on-the-job training. FAI training courses now available or under development include "Introduction to Contracting," "Procurement Planning," "Sealed Bidding," "Negotiation Process," "Price Analysis," "Cost Analysis," "Advanced Cost or Price Analysis," "Basic Contract Administration," "Construction Contracting," "Contracting for Federal Information Processing Resources," and "Source Section." These courses will be offered by the General Services Administration Interagency Training Center.

As courses are completed, the FAI will provide the instructional materials for that course (in hard copy or electronic forms) to agencies for incorporation (in whole or in part, with any necessary agency-specific tailoring) in their respective courses. An agency may modify the Contract Specialist Workbook, and associated FAI instructional materials, to reflect the unique missions, policies and workload of the agency.

The Director of FAI shall further assist agency training programs through the following actions:

-- Maintain the Contract Specialist Workbook as a Government-wide standard for the professional development of contracting personnel, and distribute copies of Procurement Executives.

-- Recommend minimum Government-wide training requirements and goals to the Administrator, OFPP.

-- Assist agencies, and encourage cooperation among agencies, in the development of instructional materials to implement the training requirements of Section 4 above.

-- Advise the Administrator, OFPP, on the effectiveness of Federal training programs to develop competence in the performance of acquisition-related duties and tasks.

-- Establish joint programs with other Federal procurement training facilities or contracting activities under Section 4103 of Title 5, United States Code, to help Federal agencies implement provisions of this Policy Letter.

-- Assist colleges and universities in establishing procurement and acquisition courses as part of continuing education, associate, baccalaureate, and graduate programs.

-- Review the acquisition courses of colleges and universities, identify and document the levels of learning attained in contracting duties and tasks, and recommend academic courses to Procurement Executives that may be substituted for Government training in those duties and tasks.

Reporting Requirements. Within 90 days of the effective date of this Policy Letter, the Senior Procurement Executive of each agency is to advise the Administrator, OFPP, of the agency's procurement career management program required by 41 U.S.C. 414(4) and implementing Section 4 of this letter, including:

(1) a description of the agency's plan for prescribing and providing the training required;

(2) a description of actions taken or planned to assess the extent to which training courses now provide, or will provide, skill training in the Units of Instruction of the FAI Contract Specialist Workbook, including the level of skill in each Contract Management duty that the training will be designed to attain;

(3) a description of the agency's system for certifying and reporting the completion of training requirements, and

(4) the name and position of the individual designated under Section 4.f. above. Periodic reports on the procurement career management program may be requested by the Administrator, OFPP, thereafter.

Federal Acquisition Regulation (FAR) Councils. The Defense Acquisition Regulatory Council and the Civilian Agency Acquisition Council shall conduct a thorough review of the relevant parts of the FAR to (1) assure that no unintended encumbrances to this Policy Letter are contained therein, and (2) that the policies established by this Policy Letter are fully reflected in the FAR within 210 days of the effective date of this Policy Letter. Issuance of final regulations within this 210-day period shall be considered issuance "in a timely manner" as prescribed in 41 U.S.C.§§ 405(b).

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 person. 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.

Effective Date. This Policy Letter is effective 30 days after the date of issuance.

Information. Questions or inquiries about this Policy Letter should be directed to Mr. Wayne Wittig, Deputy Associate Administrator, OFPP, 725 17th Street, N.W., Washington, D.C. 20503, telephone (202) 395-6803.

Allan V. Burman

Administrator

Appendix B

EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF MANAGEMENT AND BUDGET

WASHINGTON, D.C. 20503

Office of Federal Procurement Policy

September 12, 1997

POLICY LETTER NO. 97-01

TO: THE HEADS OF CIVILIAN EXECUTIVE DEPARTMENTS AND AGENCIES

SUBJECT: Procurement System Education, Training and Experience Requirements for Acquisition Personnel

Purpose. The purpose of this Letter is to implement Section 37 of the Office of Federal Procurement Policy Act, as amended (hereafter referred to as the Act).

Authority. These policies and procedures are issued pursuant to Section 37(b)(3) of the Office of Federal Procurement Policy (OFPP) Act, as amended, (41 U.S.C. 401 et seq.), which directs the Administrator, Office of Federal Procurement Policy, to issue policies to promote uniform implementation of Section 37 of the Act by executive agencies, with due regard for differences in program requirements among agencies that may be appropriate and warranted in view of the agency mission.

Background. Beginning with the report of the Commission on Government Procurement in 1972, every major study of the Federal acquisition process has recommended improvements in the management of the Acquisition Workforce, because "people are the most critical part of any effective procurement process". Subsequently, Congress directed every Federal department and agency to develop and maintain a procurement career management program to ensure an adequate professional workforce (section 16(4) of the Act). In Section 6(d)(5) of the Act, Congress further directed the OFPP Administrator, through the Federal Acquisition Institute (FAI), to foster and promote the development of a professional Acquisition Workforce Government-wide. Pursuant to these statutory mandates, OFPP Policy Letter 92-3 (implemented in section 1.603-1 of the Federal Acquisition Regulation) establishes Government-wide policies and standards for skill-based training in performing contracting duties and tasks. In 1990 Congress passed the Defense Acquisition Workforce Improvement Act (DAAWIA) which established education, training and experience requirements for entry and advancement in the acquisition career field within the Department of Defense (DOD). In 1996, Congress amended the OFPP Act to establish comparable education, training, and experience requirements for civilian agencies.

Applicability. This Letter applies to all executive agencies, except those subject to the Defense Acquisition Workforce Improvement Act (chapter 87 of title 10, United States Code).

Responsibility for Acquisition Career Management Programs. Subject to the authority, direction, and control of the head of an executive agency, the Senior Procurement Executive of the agency shall carry out all powers, functions, and duties of the head of the agency with respect to implementation of this Letter. The Senior Procurement Executive shall ensure that the policies of the head of the agency, established in accordance with this Letter, are implemented throughout the agency.

Establishment of Agency-wide Policies and Procedures. Agency heads, after consultation with the OFPP Administrator, shall establish department or agency-wide policies and procedures pursuant to the provisions of the Act. The Senior Procurement Executive of each affected agency shall advise the Administrator, within 180 days from the date of this Letter, on agency plans for issuing such policies and procedures for the effective management (including accessions, education, training and career development) of the Acquisition Workforce. Agency heads, unless otherwise advised by the OFPP Administrator within thirty (30) days after such notification, shall proceed with planned implementation activities. To the maximum extent practicable, these Acquisition Workforce policies and procedures shall be uniform in their implementation throughout the agency. The head of each department and agency shall issue such policies and procedures by May 1, 1998.

Workforce Coverage. For purposes of this Letter, the Acquisition Workforce of an agency includes:

a. All positions in the General Schedule (GS-1102) Contracting Series and non-DOD uniformed personnel in comparable positions.

b. All Contracting Officers regardless of General Schedule series with authority to obligate funds above the micropurchase threshold.

c. All positions in GS-1105 Purchasing Series.

d. All Contracting Officer Representatives/Contracting Officer Technical Representatives, or equivalent positions.

The Administrator of the Office of Federal Procurement Policy will consult with the agencies in the identification of other acquisition related positions.

Management Information System. Agencies are required to collect and maintain standardized information on implementation of the provisions of section 37 of the Act. The Federal Acquisition Institute will work with the agencies and the Office of Personnel Management to establish and prescribe standard data elements for the purposes of this statutory requirement. To the maximum extent practicable, such management information systems will conform to the standards established by the Office of Personnel Management for the Central Personnel Data File. These systems shall include a data element on waivers under paragraph 9.g. of this Letter.

Career Development.

a. Career Paths - Agencies shall identify and publish model career paths or "road maps" to ensure that contracting and other personnel interested in pursuing careers in contracting are knowledgeable of the education, training, and experience requirements for employment, progression and advancement to the most senior positions in the contracting field within the agency.

b. Critical Skills - For each career path, the critical acquisition-related duties and tasks employees must be competent to perform at the full performance and senior levels shall be established by the agencies and shall include coverage of duties and tasks as identified by the Director of the Federal Acquisition Institute. OFPP Policy Letter 92-3 established Government-wide standards for these purposes.

c. Mandatory Education - The education requirements for acquisition positions are established by the OFPP Administrator, in coordination with the Office of Personnel Management, as prescribed by section 37(g) of the Act. The education requirements for GS-1102 positions have been established in coordination with the Office of Personnel Management.

d. Mandatory Training and Experience - Experience requirements for GS-1102 positions are identified in the OPM Contract Specialist (GS-1102) Qualification Standard. In addition to the following mandatory training, agencies may require assignment-specific training for personnel in selected positions, as appropriate:

(1) All personnel in the GS-1102 Contracting Series and Contracting Officers (regardless of General Schedule Series) with authority to obligate funds above the micropurchase threshold shall complete the mandatory and related on-the-job training, as prescribed in OFPP Policy Letter 92-3.

(2) All Personnel in the Purchasing occupational series (General Schedule Series 1105), other civilian and uniformed personnel performing purchasing duties, and individuals with contracting authority at or below the simplified acquisition threshold, or with authority to place delivery orders at any dollar level, shall complete training in acquiring goods and services under FAR Part 13 and placing delivery orders.

(3) Contracting Officer Representatives/Contracting Officer Technical Representatives (CORs/COTRs) - The core training for CORs/COTRs must cover the competencies as contained in the FAI COR/COTR Workbook. Agencies may consider any training methodology to satisfy this requirement, i.e., classroom, correspondence, computer-based instruction, etc.

(4) Other acquisition related occupations - Training for these participants in the procurement process will be established as such occupations are identified by the OFPP Administrator.

e. Skills Currency - Agencies shall establish policies that require an equivalent of at least 40 hours of continuing education or training every two years for contract specialists (GS-1102 series) and Contracting Officers who have satisfied the mandatory and agency/assignment-specific training for the purpose of maintaining currency of acquisition knowledge and skills. This may include, but is not limited to, agency sponsored training and management/executive seminars, special job and/or professional association related projects and/or participation in seminars/workshops, or other appropriated developmental activities.

f. Tuition Assistance - The head of an executive agency may provide tuition reimbursement in education (including a full-time course of study leading to a degree) in accordance with section 4107 of title 5, United States Code, for personnel serving in acquisition positions in the agency.

g. Waiver Authority for GS-1102 Education Requirements. The agency Senior Procurement Executive may, based on demonstrated analytical and decision making capabilities, job performance, and qualifying experience, waive one of the two sets of education requirements for an applicant for a GS-13 and above position based on a certification (see Contract Specialist (GS-1102) Qualification Standard) that the applicant possesses significant potential for advancement to levels of greater responsibility and authority. This waiver should be utilized only in rare and unusual circumstances, i.e., when there are no qualified candidates readily available. The use of this authority should be adequately documented and exercised on a case-by-case basis.

h. Funding Levels - The head of an executive agency shall set forth separately the funding levels requested for education and training of the Acquisition Workforce in the budget justification documents submitted in support of the President’s budget submitted to Congress under section 1105 of title 31, United States Code. Funds appropriated for education and training under this section may not be obligated for any other purpose.

i. Program Evaluation - The OFPP Administrator shall evaluate the implementation of these provisions by executive agencies.

FAI Responsibilities. The OFPP Administrator is responsible for providing for and directing the activities of the FAI. The FAI is in turn responsible for a wide range of career management support activities associated with maintaining the inventory of acquisition personnel competencies for use by Federal and private sector education and training communities and providing specific and general technical assistance to Federal agencies in improving the quality of the Acquisition Workforce.

As courseware (including Workbooks) are developed and/or updated, these products will be made available through the FAI Homepage. The FAI Homepage address is: http://www.gsa.gov/staff/v/training.htm. The FAI specific responsibilities relating to the provisions of this Letter are to:

a. foster and promote the development of a professional Acquisition Workforce;

b. promote and coordinate Government-wide research and studies to improve the procurement process and the laws, policies, methods, regulations, procedures, and forms relating to acquisition by the executive agencies;

c. collect and analyze Acquisition Workforce data from the Office of Personnel Management, the heads of executive agencies and, through periodic surveys of individual employees;

d. periodically analyze acquisition career fields to identify critical competencies, duties, tasks, and related academic prerequisites, skills, and knowledge;

e. Coordinate and assist agencies in identifying and recruiting highly qualified candidates for acquisition fields;

f. develop instructional material for acquisition personnel in coordination with private and public acquisition colleges and training facilities;

g. evaluate the effectiveness of training and career development programs for acquisition personnel;

h. promote the establishment and utilization of academic programs by colleges and universities in acquisition fields;

i. facilitate, to the extent requested by agencies, interagency intern and training programs; and

j. perform other career management and research functions as directed by the Administrator.

Information Contact. Questions regarding this Policy Letter should be directed to Richard C. Loeb, Executive Secretary, Office of Federal Procurement Policy, 202-395-3254, facsimile, 202-395-5105. The address is Office of Federal Procurement Policy, 725 17th Street, NW, Washington, DC 20503.

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.

Effective Date. This Policy Letter is effective 30 days after the date of issuance.

Steven Kelman