Justice Management Division
Serving Justice - Securing Results

I. Purpose

The purpose of the Department of Justice (DOJ), henceforth “the Department,” Acquisition Workforce Management Program (AWMP) is to:

• Supplement the coverage in Federal Acquisition Regulation (FAR) Subpart 1.6, Contracting Authority and Responsibilities, by specifying Department-wide certification standards based on education, training and experience to be used when designating contracting officers and terminating those designations for failure to meet professional certification requirements.
• Establish and implement the certification standards in Department-wide procedures for the selection, appointment, and termination of appointment of contracting officers in accordance with Justice Acquisition Regulations (JAR) 2801.603, Selection, Appointment and Termination of Appointment and FAC-C requirements.
• Establish and implement Departmental policy on the Federal Acquisition Certification in Contracting (FAC-C) program requirements, in accordance with the Office of Federal Procurement Policy (OFPP) Policy Letter 05-01, “Developing and Managing the Acquisition Workforce” and Office of Management and Budget (OMB) Memo, “The Federal Acquisition Certification in Contracting Program” dated January 20, 2006, for all employees identified as members of the acquisition workforce.
• Provide policy guidance on COTR/COR appointment, termination of appointment, and maintenance of appointment through continuous learning skills currency training.
• Provide policy guidance on implementation, usage, and maintenance of required data in the Acquisition Career Management Information System (ACMIS).

The Department’s AWMP, administered by the Senior Procurement Executive (SPE) on behalf of the Chief Acquisition Officer (CAO), establishes the criteria for appointing, terminating, reviewing, and certifying the acquisition workforce Department-wide. Additionally, the AWMP establishes acquisition training requirements for all employees in the Department’s acquisition workforce consistent with the intent of the Clinger-Cohen Act of 1996 and training requirements established by OFPP. This ensures that standardized processes and procedures exist for qualifying and designating individuals to serve as contracting officers.

The volume of actions, work complexity, and organizational structure are critical factors that must be considered when determining an organization’s acquisition workforce needs. All employees, regardless of series, with contracting officer authority above the simplified acquisition threshold, must meet the same educational standards that apply to 1102 series employees, unless exempted by the SPE.  The SPE must approve, in writing, any deviation from the policies, procedures, and requirements of the DOJ Acquisition Workforce Management Program.

II. Scope

This document applies to all Department Components and contracting professionals, unless specifically excluded herein or by separate memorandum. The DOJ Office of Inspector General is covered under this policy where it does not conflict with the authorities and responsibilities given to the Inspector General under the Inspector General Act of 1978 and its amendments.

III. Policy and Procedures

In accordance with Attorney General Orders 1687-93 and 2649-2003, the authority vested in the Attorney General with respect to contractual actions, for goods and services, is delegated to the following officials:

• AAG/A for Offices, Boards, and Divisions (OBDs);
• Director, Federal Bureau of Investigation (FBI);
• Director, Federal Bureau of Prisons (BOP);
• Commissioner, Federal Prison Industries (FPI/UNICOR);
• Administrator, Drug Enforcement Administration (DEA);
• Assistant Attorney General, Office of Justice Programs (OJP);
• Director, U.S. Marshals Service (USMS);
• Inspector General, Office of the Inspector General (OIG);
• Trustee, Office of the Federal Detention Trustee (OFDT);
• Director, Alcohol, Tobacco, Firearms, and Explosives (ATF);

The acquisition authority delegated to the above officials, may be re-delegated to subordinate officials as necessary to ensure the efficient and proper administration of the Department's acquisition operations. Bureau Procurement Chiefs (BPCs) or their designee(s) are hereby delegated authority to select and appoint Contracting Officers in accordance with this manual. BPCs (or designee) are ultimately responsible for the proper use of warrants and implementation of the FAC-C program following the policies and procedures provided in the Acquisition Workforce Management Program (AWMP). Contracting authority may be delegated to individuals who meet the specific standards delineated in this manual, and not to positions. This is accomplished by written appointments in the form of Standard Form (SF) -1402, Certificate of Appointment, in accordance with FAR 1.603-3.  BPCs (or designee) have the authority to terminate warrants for improper use and to serve as an advocate for each program and shall take actions deemed necessary to ensure the integrity of the FAC-C program and warrant system. 

The BPC must advise the Senior Procurement Executive (SPE) of significant problems, if any, encountered in the administration of this authority. Additionally, BPCs shall appoint an Acquisition Career Manager (ACM) to work co-laterally with the Department’s ACM to facilitate the career management program. Procurement Chiefs may set standards which are more, but not less strict than those contained in this manual. Similarly, maximum authority levels specified in this manual may be further restricted in accordance with internal policies and procedures.

A. Federal Acquisition Certification in Contracting Program (FAC-C)

       1. Departmental Policy on FAC-C

It is the policy of the Department of Justice that its acquisition workforce be trained and developed following the skill-based acquisition curriculum established by the Federal Acquisition Institute (FAI). As a result, the Department has adopted the education, training, and experience requirements of the Federal Acquisition Certification in Contracting (FAC-C) Program shown in Figure I. The certification program is available to all members of the federal acquisition workforce; however, priority will be given to warranted COs in the General Schedule (GS) -1102 contracting series for course enrollment.

Achievement of FAC-C is not mandatory for existing warrant holders; however, individuals issued new (issued to employees for the first time by Department Components) Contracting Officer (CO) warrants after January 1, 2007, regardless of GS series, must be certified at an appropriate level to support their warrant obligations. Non-1102 Contracting Officers subject to FAC-C shall meet the qualification requirements of FAC-C Level I. Current warrant holders whom elect to forgo FAC-C will continue to follow the existing warrant requirements within their respective Component, as well as any additional requirements set forth in the Justice Acquisition Regulations (JAR) or the AWMP.

In addition to the qualification requirements set forth in this part, FAC-C candidates must also have exhibited personal integrity, commitment to customer service and mission accomplishment, sound business judgment, and adherence to the regulations and principles of procurement professionalism.

       2. Exemption from FAC-C

In addition to OFPP FAC-C exemptions, the SPE has exempted the following warrants from the requirements of the FAC-C program:

• Non-1102, field division employees with limited warrants $25K or less; and
• Non-1102 employees in the Offices, Boards, and Divisions requiring warrants as a co-lateral duty.

Figure I - FAC-C Cumulative Requirements

NOTES:

• CON 100 should be taken by new acquisition workforce employees and those beginning a level I certification program. Employees pursuing Level II or Level III certifications may consider taking this class as an elective. 
• Level II certification requirements will be revised FY08 (October ‘07);
• Electives for the requested certification level must have been completed within the previous five (5) years, be a minimum of 16 hours, and may not be used for more than one certification level.                     
• Procurement Chiefs shall establish agency-specific requirements for tying warrant levels tocertification levels.

Revised Level II Certification Requirements
Level II Conversion Matrix

The new curriculum continues the conversion from stove-piped to integrated training where concepts are introduced and discussed in conjunction with the contracting process. As such, there is not a one-for-one course conversion. The Level II Conversion Matrix was developed by identifying where learning objectives of the current curriculum are in context of the competencies and learning objectives of the new curriculum.

       3. FAC-C Levels

Federal certification levels are not directly associated with warrant limits. Bureau Procurement Chiefs (BPCs) or their designee shall establish bureau-specific requirements for tying warrants levels to certification levels based on Bureau needs. Guidance is provided in Figure II “FAC-C Warrant Level Thresholds” on proposed warrants limits for each certification level. BPCs (or designee) have the authority to make warrant limits more restrictive but not less restrictive.

In order to progress to the next level, all lower level requirements must be successfully satisfied. As employees are promoted to a position of a higher certification level, they are eligible to retain their current certification (if certified) for a period of two (2) years. BPCs (or designee) have the discretion of nominating individuals for higher level certifications when individuals seek a certification level higher than their current warrant grade level/pay band designates.

Figure II – FAC-C Warrant Level Dollar Thresholds

Level I authorizes individual employees to serve as contracting officers for acquisitions conducted using simplified acquisition procedures and acquisitions under mandatory source and other established federal source programs, including delivery orders against Department-wide or other federal agency contracts, in amounts not exceeding the thresholds indicated above. It is designed to establish fundamental qualifications and beginning level expertise in the field of contracting. Development at the Entry Level lays the foundation for career progression and is designed to prepare qualified and motivated personnel for positions of increasing responsibility and complexity.

Level II is the intermediate certification level emphasizing gaining more general expertise as a contracting professional and broadening experience in specialty areas.  Development at this level continues building on the existing foundation and also expands to include more sophisticated and complex knowledge required for mastery of contracting processes and business advising.

Level III is the senior certification level representing achievement of the knowledge and skills associated with the most sophisticated and complex contracting activities. By the time an individual reaches this level, all lower level requirements will have been met and the individual would have advanced through a career pattern that has imparted in-depth knowledge in a functional area, as well as a broader knowledge of the acquisition process.

       4. Education

Contracting series employees must meet the GS-1102 Qualification Standard. Evidence of compliance must be provided to the respective ACM. In accordance with the Qualification Standard, persons in civilian (non-DOD) GS-1102 positions are considered to have met the standard for positions they occupied on January 1, 2000. This provision allows "grand-fathered" personnel to obtain the FAC-C once training and experience requirements are met.

FAC-C civilian applicants at grade 5 through 12: Applicants must have a degree or 24 business hours in one of the following designated business fields: Accounting, Business, Finance, Law, Contracts, Purchasing Economics, Industrial Management, Marketing, Quantitative Methods, Organization and Management.

FAC-C civilian applicants at grades 13 and above: Applicants must have completed 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 designated fields. The applicant must demonstrate significant analytical and decision-making capabilities, an acceptable job performance record, and qualifying experience.

Persons seeking positions subject to DAWIA must have both 24-semester hours of business related education AND a baccalaureate degree at all grade levels. Courses used to meet the 24-semester hour business education requirement must be documented on a college transcript from an accredited educational institution (student copy acceptable.) College semester hour credit obtained via evaluation of experience, attendance at American Council on Education (ACE) training courses, the College-Level Examination Program (CLEP) or Defense Activity for Non-Traditional Education Support Program (DANTES) may all be used to meet the 24-hour business education requirement. Additional information can be obtained from ACE at http://www.acenet.edu.

Appendix A of the OMB Memo entitled, “The Federal Acquisition Certification in Contracting Program” dated 1/20/06 provides guidance on the subject areas and types of classes that meet the education requirement. This guidance shall be used to ensure consistent interpretation of the standard.

       5. Training

To achieve FAC-C, candidates’ must complete established minimum training requirements. Employees may meet the requirements of FAC-C by taking DAU training, DAU equivalent training courses or through fulfillment. For DAU courses, training can only be obtained from DAU or from training providers who have been certified as equivalent by DAU. Individuals holding a permanent warrant issued before the adoption of the DAU curriculum are not required to take additional training, other than the training required for continuing education. However, such Contracting Officers should give priority to completing FAI courses in fulfilling the continuing education requirement. Individuals completing legacy classes must complete the legacy curriculum before the date the legacy course ceases to be recognized as equivalent to the DAU course. Expiration dates are provided in Figure III.

Business related academic courses that are recognized by DAU as equivalent to core courses may be used to meet training requirements for this program. A course crosswalk is provided in the Appendices section of the AWMP manual.

Figure III - DAU & Legacy Course Equivalencies

The DAU courses CON 101 and CON 104 are no longer offered by DAU. These two courses were replaced with CON 110, 111, 112, and 120. If a student previously completed CON 101 & 104 successfully, they are exempt from completing CON 110, 111, 112 & 120.  The certification application allows students to substitute CON 101 & 104 for CON 110, 111, 112, & 120.

Ways to Meet the Training Requirements:

DAU training or DAU-equivalent courses – A full list of the currently required courses and their predecessor courses is available on www.dau.mil/catalog and www.fai.gov. Evidence of satisfactory completion of courses must be provided to satisfy training requirements.

Fulfillment – The FAC-C fulfillment process follows the fulfillment process of DOD agencies to ensure DAWIA certification and FAC-C programs are closely aligned. It is a process used to certify the “legacy” acquisition workforce (took most classes prior to 1994) and is equivalent to completing the actual certification course. Contracting professionals are required to possess all the competencies of a required class in order to fulfill that class. Individuals may use alternative training, work experience, education, certification by another recognized organization, or other developmental activities to demonstrate the competencies associated with a required certification course.

• If using work experience, the following information must be included: (1) start/completion dates, (2) assigned agency, (3) grade level, (4) job series, (5) position title, and (6) experience relevant to the competency being fulfilled.

• Employees using education must provide the dates of each class, course descriptions, provider names, grades (if applicable), and competencies achieved.  The competencies achieved must have been obtained from an accredited institution.

• Certification by a recognized organization: Civilian agencies shall follow the determinations made by DOD as to which certification by organizations outside the federal government are eligible for full or partial consideration under the DAWIA and FAC-C programs. These determinations are maintained by DAU as part of DOD’s fulfillment program and are maintained on the DAU and FAI websites.

In order for a candidate to meet training requirements through fulfillment, they must submit to their supervisors for review, evidence as to how the required competencies for a particular certification level were obtained. Bureau Procurement Chiefs (or designee) shall review the supervisor endorsed individual’s self-assessment and work history documentation to verify mastery of competencies. Contracting professionals requesting training fulfillment must complete the "Acquisition Career Management Mandatory Course Fulfillment Program and Competency Standards" for the specific course they are seeking to fulfill.  The self-assessment can be accessed at http://www.dau.mil/learning/DAUFulfillmentPgm.aspx. Competencies referencing DoD shall be addressed by substituting with home organization (i.e. ATF, DEA, etc.) and those competencies specific to DoD, which are unable to be addressed, shall be noted as such.  Individuals missing a few competencies should consider attending a training course specializing in those areas to meet the remaining requirements for the certification course. Individuals authorized to fulfill required courses shall enter "F" for "fulfilled" when completing the application for FAC-C.  Fulfillment paperwork should be submitted with the request for certification and maintained for record-keeping purposes.

       6. Course Equivalencies

 A list of the courses contained in the FAI/DAU curriculum and the corresponding Legacy course(s) are provided in Figure III.  Note that in some cases there is not a one-to-one equivalency. All legacy classes shown in the right-hand block must be taken in order to obtain equivalency to the DAU classes shown in the left-hand block. Employees whom have successfully completed a legacy course accepted as equivalent by DAU are not required to complete the equivalent course in the DAU curriculum for warrant purposes. Acceptance of course equivalencies extends only to courses recognized by DAU.

       7. Electives

Contracting Officers may choose training opportunities related to their current positions, those necessary for career development, as well as courses used for cross training to fulfill elective requirements. Components may require agency-specific training as part of the elective requirements. Electives may include no-cost distance learning, assignment-specific courses, or other training opportunities and may include formal training or education, seminars, conferences, special projects, or other developmental activities in the procurement field. Employees are encouraged to take courses that add to their knowledge base or enhance existing skills. Electives used to achieve FAC-C must be a minimum of 16 hours each, completed within the previous five (5) years, and may not be used for more than one certification level. There are no DAU equivalency requirements for electives and electives cannot be satisfied through fulfillment. Day-to-day work experience may not be used to satisfy elective requirements.

       8. Continuous Learning

Acquisition professionals are required to earn continuous learning points to maintain their certification. All Contracting Officers, regardless of GS series, warranted above the micro-purchase threshold are required to earn 80 continuous learning points (CLPs) of skills currency training every two years to maintain FAC-C. Contracting Officer Representatives and Contracting Officer Technical Representatives (CORs/COTRs) are encouraged to earn 40 continuous learning points of skills currency every two years. All activities used to earn CLPs must be job-related and this opportunity should be used to obtain core competencies, maintain critical acquisition skills, and acquire agency-specific training. Procurement conferences and DOJ-sponsored formal training may be used to obtain continuous learning points. DAU equivalency is not required for continuous learning. Figure IV, taken from appendix B of the Office of Management and Budget Memo dated 1/20/06 entitled “The Federal Acquisition Certification in Contracting Program” provides guidance on earning CLPs and assigning points to various developmental activities. FAI will provide additional guidance, as needed, on its website.

The first two-year time frame for the CLP requirement begins 10/1/07 and ends on 9/30/09. OFPP has granted each agency the authority to implement the CLPs sooner or give credit for previous training. The Department will grant credit for training completed after 1/1/07.  New employees whom obtain FAC-C in between CLP time-frame requirements will begin their 80-hour training maintenance requirement in the 24 month period after they become certified. For example, an employee who obtains FAC-C Level II certification on 7/1/09 must obtain 80 hours of continuous learning points by 7/1/2011 to maintain their certification.  ACMs shall monitor the continuous learning requirements for employees holding FAC-C to ensure this requirement is met.

Figure IV - Credit Recommendations for Continuous Learning Activities

       9. Experience

The requirements for experience are generally based on the Contract Specialist (GS-1102) Qualification Standard. Experience may include time spent on the job in a contracting related job assignment, either in the private or public sector, which reflects the accumulation of knowledge, skills, and abilities during years of progressively more responsible work assignments. Employees shall document experience through resumes. Contracting officers working on complex, large dollar value, or specialized (i.e., information technology, construction, or space leasing) acquisitions must have additional specialized training and experience commensurate with their duties, as appropriate.

Figure V – FAC-C Experience Requirements

       10. Certification Lapse

If a warranted Contracting Officer fails to maintain the 80 CLPs every two years, the FAC-C will expire and the warrant may be suspended or revoked until current FAC-C requirements are met and skills currency learning activities are completed.  If the warrant is suspended or revoked, the warrant holder will be notified in writing the effective dates of the revocation or modification. Delegating Officials must provide enough time and sufficient instruction to ensure that no unauthorized obligations are made.  

       11. Documentation

Delegating Officials must ensure appropriate documentation is maintained for each certified professional in accordance with the Privacy Act, and report such information to the SPE (or designee), as requested. Examples of required documentation include: information used to meet training, education, experience, skills currency training requirements, and waivers, if appropriate.

       12. Transfers

All executive agencies, except those subject to the Defense Acquisition Workforce Improvement Act (DAWIA), shall accept the FAC-C as evidence that an employee meets the applicable core education, training, and experience requirements for the GS-1102 series. A valid, current DAWIA certification in contracting is equivalent to a FAC-C at the same certification level.  The employee is responsible for providing the necessary documentation of the DAWIA certification and the appropriate continuous learning history to ensure validity and currency of the DAWIA certification.

Individuals meeting the GS-1102 education requirements and those exempt in accordance with this manual may transfer their previous acquisition certification. Individuals holding a certification from an agency not listed may submit detailed information on the specific certification program for transfer consideration.  All information shall be submitted through the BPC (or designee) for processing by the ACM.  Employees transferring from the following Agencies, whom were previously certified and possess a current Certificate, may transfer their certification:

• Department of Treasury (TREAS) – DOJ GS-1102 employees previously certified under the TREAS Acquisition Certification Program and holding a certificate, are considered to meet the requirements of FAC-C through Level II, provided 80 hours of skills currency learning activities can be documented within the preceding 24-months and at least 32-hours of skills currency learning activities in an acquisition related course/activity can be documented within the previous five (5) years.
• Department of Defense (DoD) - DOJ GS-1102 employees previously certified under the Defense Acquisition Workforce Improvement Act (DAWIA) and holding a certificate, are considered to meet the requirements of FAC-C through Level III, provided 80 hours of skills currency learning activities can be documented within the preceding 24-months and at least 32-hours of skills currency learning activities in an acquisition related course/activity can be documented within the previous five (5) years.
• Department of Energy (DOE) - DOJ GS-1102 employees previously certified under the DOE Acquisition Certification Program and holding a certificate, are considered to meet the requirements of FAC-C through Level II, provided 80 hours of skills currency learning activities can be documented within the preceding 24-months and at least 32-hours of skills currency learning activities in an acquisition related course/activity can be documented within the previous five (5) years.
• Department of Health and Human Services (HHS) - DOJ GS-1102 employees previously certified under the HHS Acquisition Certification Program and holding a certificate, are considered to meet the requirements of FAC-C through Level II, provided 80 hours of skills currency learning activities can be documented within the preceding 24-months and at least 32-hours of skills currency learning activities in an acquisition related course/activity can be documented within the previous five (5) years.
• US Coast Guard (USCG) - DOJ GS-1102 employees previously certified under the USCG Acquisition Certification Program and holding a certificate, are considered to meet the requirements of FAC-C through Level III, provided 80 hours of skills currency learning activities can be documented within the preceding 24-months and at least 32-hours of skills currency learning activities in an acquisition related course/activity can be documented within the previous five (5) years.
• Department of Transportation (DOT) – The previous acquisition training certification program at DOT was based on training requirements and did not include educational requirements or levels of experience. Therefore, DOJ GS-1102 personnel previously certified under DOT’s Acquisition Training Certification program and holding a certificate are considered to meet the requirements of FAC-C through Level III, provided 80 hours of skills currency learning activities can be documented within the preceding 24-months and at least 40-hours of skills currency learning activities in an acquisition related course/activity can be documented within the previous five (5) years.

 Individuals are required to provide supporting documentation regarding the Department’s education and experience requirements when completing an application for FAC-C.

       13. Applying for FAC-C

• Complete and submit the applicable FAC-C application and all supporting documentation in accordance with Bureau procedures, which shall include supervisory, component ACM, and BPC approval;
• After receiving BPC concurrence, the request for issuance of FAC-C recognition, FAC-C application and copies of all supporting documentation shall be forwarded to the DOJ ACM;
• After reviewing and concurring on the information submitted, the DOJ ACM issues the official FAC-C certificate. Before the FAC-C is issued, ACMIS must reflect employees’ true, current, and accurate information.

       14. Waivers

The Senior Procurement Executive (SPE) is the only individual with the authority to approve training and education waivers and may grant waivers, in writing, on a case-by-case basis for hard to fill positions if granting the waiver is in the best interest of the Department of Justice. Waivers issued by the Department are time-driven with an expiration date, usually no more than two years from the date of issuance, and are not transferable to other agencies.

As the Department transitions to meet FAC-C requirements, there will be instances when an employee needs a new Contracting Officer’s warrant but has not completed the requirements for FAC-C. In such cases, a training or education waiver is required. Thus, employees requiring a waiver may be issued an Interim Appointment (up to 24 months) to allow the employee an opportunity to complete the necessary requirements of FAC-C. All interim warrants must reflect an expiration date. After the employee completes the requirements, a Permanent Appointment and the official FAC-C recognition at the appropriate level may be issued. Employees completing the legacy course requirements must complete the legacy curriculum by the dates specified in Figure II.

To qualify for a waiver, employee(s) must sign a commitment letter to complete the requirements within 24 months after date of waiver approval. If the employee fails to meet the waived requirements within the allotted time frame the warrant will expire and a new waiver must be requested or the employee may revert back to previous series and/or grade, if the waiver was obtained for promotion purposes.

       (a) Waivers for Recruitments 

The Department may allow new employees 24-months, from the date of assignment to a position, to complete certification requirements. If the employee is unable to achieve certification requirements within the allotted time frame, a waiver must be requested and approved for that individual to continue carrying out the duties at that level of procurement authority or the authority will be revoked.

A Human Resource (HR) professional must be consulted when recruiting for GS-1102s, and prior to submitting requests for waivers. Waivers must be included in a vacancy announcement in order to be exercised at a later date. Vacancy announcements for senior GS-1102 positions shall routinely include language pertaining to training waivers required to achieve FAC-C Qualification Standards. The format for vacancy announcement language is outlined in Attachment I. Prior to extending an employment offer to a prospective employee who does not meet the training requirements an Individual Training Waiver must be obtained. This request should be requested in the format outlined in Attachment II.

Requests for Position Education Waivers will be considered in rare instances when previous recruitment efforts failed to produce qualified applicants. The Component must have a documented history of the position being hard-to-fill, be able to provide information about HR flexibilities employed, and explain any restrictions on the applicant pool.  A Position Education Waiver must be obtained from the SPE prior to announcing the hard-to-fill contracting position. If approved, the waiver is only applicable for the position and grade indicated in the authorization letter from the SPE. If a fully-qualified candidate is identified, the Component is not obligated to hire using the Position Education Waiver. A Training Waiver should also be included in the vacancy announcement if a Position Education Waiver is authorized. Position Education Waivers should be requested in the format outlined in Attachment III. Prior to extending an employment offer to a prospective employee requiring an Education Waiver, an Individual Education Waiver must be obtained. To qualify for future promotions, the individual is required to either meet the education requirements or obtain another Individual Education Waiver.  Individual Education Waivers shall be requested in the format outlined in Attachment IV.

       (b) Waivers for Promotions (GS-13 and above)

You must meet all three requirements listed below unless you are covered by an exception (see Exceptions to Qualification Requirements) or waiver is granted:

1) Completed 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. A copy of a college transcript from an appropriately accredited educational institution must be submitted to document completion of this educational requirement. Transcripts must show the number of credit hours earned for courses successfully completed, student copies are acceptable.

2) Completed all of the following mandatory training requirements for progression to a senior level (i.e., GS-13 or higher level) contracting position within the Federal government as outlined in OFPP memorandum on Federal Acquisition Certification in Contracting dated January 6, 2006:

• Shaping Smart Business Arrangements (CON 100 or equivalent);
• Mission Support Planning (CON 110 or equivalent);
• Mission Strategy Execution (CON 111 or equivalent);
• Mission Performance Assessment (CON 112 or equivalent);
• Mission Focused Contracting (CON 120 or equivalent);
• Intermediate Contracting (CON 202 or equivalent);
• Intermediate Contract Pricing (CON 204 or equivalent);
• Government Contract Law (CON 210 or equivalent);
• Advanced Business Solutions for Mission Support (CON 353 or equivalent);
• Five Targeted Electives - each should be a minimum of 16 hours of assignment or individual specific learning identified as developmentally beneficial for the individual for career progression. Electives can include formal training or education, seminars, conferences, special projects, or other developmental activities in the procurement field. Day-to-day work experience may not be used to fulfill elective requirements.

3) Completed at least 4-years of experience in a contracting or related position, 1 year of which was directly related experience equivalent to work at the next lower level of this position and must have provided the knowledge, skills, and abilities to perform successfully the work of the position.

The Senior Procurement Executive of the Department of Justice may waive training requirements if education and experience requirements are met or may waive education requirements if training and experience requirements are met. Granting of waiver will allow employees the opportunity to progress while completing the required education or training lacking.

Employees GS-12 and above requesting a waiver of training requirements for promotion purposes must have completed 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 business discipline and FAC-C Level II certified.

Employees GS-13 and above requesting a waiver of education requirements must meet the following criteria to qualify for the waiver request:

• Meet the 24 hours business education requirement or 4-year degree (in accordance with the GS-1102 Qualification Standard);
• Have at least 4-years of Federal Government contracting experience;
• Have met the training requirements of FAC-C Level II;
• Provide an Academic plan to complete the education requirements within the allotted time frame; and
• A signed commitment letter to complete education requirements within allotted time frame after date of waiver approval.

       (c) Waiver Application Process

The delegating official must send a memo requesting an education or training waiver of FAC-C requirements to the DOJ Acquisition Career Manager (ACM), addressed to the SPE, with the following attachments (if applicable):

• The employee’s resume, which details experience, training, and education;
• Supporting documentation of all completed requirements (certificates, college transcripts, etc.);
• Copy of Academic Plan to complete remaining education/training requirements;
• Commitment letter from employee agreeing to complete the outstanding requirements within allotted timeframe of warrant issue date or promotion; and
• Memo for SPE signature.

B. Contracting Officer Representative/Contracting Officer Technical Representative (COR/COTR)

1. Contracting Officers may appoint individuals selected by program offices to act as authorized representatives in the monitoring and administration of a contract. Such officials shall be designated as Contracting Officers’ Representative (COR) or Contracting Officers’ Technical Representative (COTR).

2. Eligibility. To be determined eligible for an appointment as a DOJ COTR, the following standard must be met:

(a) The candidate must attend and successfully complete a minimum of a 16-hour basic COTR course; and
(b) The candidate must attend a minimum of 1 hour training specifically in procurement ethics, either through courses offered periodically Department-wide or a Government or commercial vendor.

3. Limitations. Each COTR appointment made by the contracting officer shall clearly state that the representative is not an authorized contracting officer and does not have the authority under any circumstances to:

(a) Award, agree to award, or execute any contract, contract modification, notice of intent, or other form of binding agreement;
(b) Obligate, in any manner, the payment of money by the Government;
(c) Make a final decision on any contract matter which is subject to the clause at FAR 52.233-1, Disputes; or
(d) Terminate, suspend, or otherwise interfere with the contractor's right to proceed, or direct any changes in the contractor's performance that are inconsistent with or materially change the contract specifications.

4. Termination. Termination of the COTR's appointment shall be made in writing by the contracting officer and shall give the effective date of the termination. The contracting officer shall promptly modify the contract once a COTR termination notice has been issued. A termination notice is not required when the COTR's appointment terminates upon expiration of the contract.

5. Waivers.  No individual may serve as a COTR on any contract without the requisite training and signed COTR certificate for the file. In the rare event that there is an urgent requirement for a specific individual to serve as a COTR and the individual has not successfully completed the required training, the BPC may waive the training requirements and authorize the individual to perform the COTR duties, for a period of time not to exceed 120 days. The waiver will be granted in accordance with bureau procedures.

6. Contract Clause. The clause at 2852.201-70 of the JAR is required in all contracts where a COTR is designated.

7. Continuous Learning Requirements. Bureau Procurement Chiefs are encouraged to provide continuous learning opportunities as refresher training to each COR/COTR commensurate with the scope and nature of contract responsibilities in addition to the complexities and duration of COR/COTR duties.

C. Acquisition Career Management Information System (ACMIS)

ACMIS is the official system of records for the FAC-C program for all civilian agencies and will be used to support the application process. All employees identified as members of the acquisition workforce must use ACMIS to track their continuous learning skills currency training every two years. Employees must register in ACMIS to track continuous learning requirements, regardless of FAC-C intent. Each employee is responsible for regularly updating their training activities in the ACMIS system at http://admin.acmis.gov/. The supervisor is responsible for verifying compliance with the training requirements and for validating the information entered into ACMIS. Certificates and documentation providing proof of completed training must be maintained.  

To access ACMIS, the registration form on the site must be completed. After registration is completed, a temporary password is assigned via email. You must change your password after your initial login. If you do not, you will be locked out of the system. Passwords must be at least 8 characters in length and contain a combination of alphabetic, numeric, and special characters (e.g. password#03).  Passwords expire every 90 days. If you forget your password and are locked out of your account, contact your Program Administrator to reset your account.

ACMIS has different user access levels. After logging into the system, your assigned access level determines what information you can view and edit. Access levels and the rights of each user are identified in the following table.

ACMIS Access Levels

In order to register with ACMIS, your personnel records must already exist. If your job series is listed, follow the registration steps. If your job series is not listed, contact your designated Program Administrator to create a record for you. Once you have entered ACMIS, the Employee Management Screen is displayed. This screen is the primary screen which houses links to sections where employee data is entered and edited. The following table contains a synopsis of the ACMIS sections employees are able to create, edit, and view.

Employee Management Screen

*NOTE: Employees have the right and responsibility to select supervisors and training managers and grant them access to their records. Acquisition professionals should enter their designated ACMIS Program Administrator(s) as the Training Manager when completing ACMIS registration. Acquisition professionals in the OBDs and field divisions must enter their designated ACMIS Program Administrator(s) as both the Supervisor and Training Manager in ACMIS, unless instructed otherwise. If an employee is unable to locate the supervisor or training manager for the selected Agency-Bureau-Branch, contact the Program Administrator to have this person added to the system. Appendices section contains a listing of Component ACMIS Program Administrators.

Guidance on using ACMIS can be found at https://help.acmis.gov/Guide/ .

D. Record Maintenance and Disposal

Comprehensive files containing relevant information on all appointed Contracting Officers with FAC-C shall be maintained. The files must reflect consistent and up-to-date information on the number of certifications issued. All relevant records pertaining to appointed Contracting Officers and FAC-C candidates must be maintained in accordance with the Federal Privacy Act of 1974. All records related to Contracting Officer Warrants and FAC-Cs issued at Level I must be retained for a minimum of 3-years after expiration or cancellation of the original certificate. All records related to Contracting Officer Warrants and FAC-Cs issued which exceed Level I must be retained for a minimum of 6-years and 3-months after expiration or cancellation of the original certificate.

E. Reports

Bureau Procurement Chiefs shall submit the following reports to the Senior Procurement Executive:

       1.  Workforce Statistics:

By the 15th day after the end of each calendar quarter, a report containing the following information will be submitted:

•        Total Number of GS-1102 and GS-1105 personnel
•        Total Number of COTRs
•        Total Number of Contracting Officer Warrants
•        Total Number of New, Suspended or revoked Contracting Warrants for the Quarter
•        Total Number of FAC-C certifications
•        Total Number of new FAC-C certifications issued for the quarter

       2.  Continuous Learning Statistics:

By the 15th day after the end of each calendar year, a certification that all affected personnel has met or will meet the continuous learning requirements.  If personnel will not meet the requirement, an explanation must be provided as well as the proposed corrective measures to be taken.  The certification must include the information contained in the following table: