(a)   Fund sufficiency. A requisition or purchase request signed by an authorized individual is evidence that sufficient money for the purchase is available in the fund cited.

      (b)   GSA revolving funds. A requisition for indefinite delivery, indefinite quantity contracts requiring a guaranteed minimum quantity must specify enough funds to pay for the guaranteed minimum.

      (c)   GSA funds, other than revolving funds.

           (1)  The requisitioning activity must certify that additional funds are available before contract or purchase order award if the purchase exceeds the dollar amount on the requisition by 10percent or $50, whichever is greater.

           (2)  If a requisition is not used, e.g.,lease of real property, the contracting officer must ensure funds are available before awarding the contract.

      (d)   Other Federal agencies’ funds. A GSA buying activity must not exceed a fund limitation on a customer agency’s purchase request unless authorized by supply support agreements. If a purchase request indicates insufficient funds to cover all costs, the customer agency must provide additional funds. Regardless of which Central Office or Regional buying activity will make the acquisition, the office initially receiving the requirement requests the additional funds.

      (a)   Authority to ratify. Under FAR 1.602-3, the contracting officer may ratify unauthorized contractual commitments if the HCA approves the ratification action. An HCA may not redelegate approval authority.

      (b)   Criminal investigation. Generally, the Government is not bound by commitments made by persons with no contracting authority. Unauthorized commitments may violate laws or regulations. They constitute serious employee misconduct and may warrant disciplinary action. If unauthorized commitments involve any type of misconduct that might be punishable as a criminal offense, either the contracting officer or the employee’s supervisor must report the matter immediately to the Office of the Inspector General with a request for a complete investigation.

      (c)   Documentation required for ratification. The individual who made the unauthorized commitment gives the contracting director all records and documents about the commitment and a complete written statement of facts, including all the following:

           (1)  Why normal acquisition procedures were not followed.

           (2)  Why the contractor was selected.

           (3)  Other sources considered.

           (4)  Description of work or products.

           (5)  Estimated or agreed-upon contract price.

           (6)  Appropriation citation.

           (7)  Status of contract performance.

      (d)   Documentation waivers. Under exceptional circumstances, a contracting director may waive the requirement that the individual who made the unauthorized commitment must initiate and document the request for ratification. In such a case, the individual who does initiate the request for ratification must provide a written determination stating that an unauthorized commitment was made and identifying the individual who made it. For example, an exceptional circumstance may occur when the person who made the unauthorized commitment is no longer available to attest to the circumstances.

      (e)   Processing a ratification.

(1)  The contracting officer must process the request for ratification. Prepare a summary statement of facts addressing the limitations in FAR 1.602-3(c) and recommend whether or not the procurement should be ratified. Include a recommendation for other disposition if you advise against ratification.

           (2)  Submit to the HCA all the following:

                (i)  Request for ratification,.

                (ii)  The contracting officer’s statement of facts and recommendation(s).

                (iii)  Concurrence of assigned legal counsel (except when the contracting officer recommends payment based on quantum meruit or quantum valebant).

                (iv)  If applicable, recommendation for payment on a quantum meruit or quantum valebant basis (see 501.602-3(f)).

                (v)  Recommendation for corrective action to prevent recurrence.

      (f)   Payment based on quantum meruit or quantum valebant.

(1)  If ratification is not permissible due to legal improprieties, the contracting officer may recommend that payment be made under either:

                (i)  Services rendered on a quantum meruit basis (the reasonable value of work or labor).

                (ii)  Goods furnished on a quantum valebant basis (the reasonable value of goods sold and delivered).

           (2)  To base payment on either of these conditions, there must be a showing that the Government has received a benefit (See FAR 1.602-3(d)).

           (3)  The contracting officer must obtain the approval of assigned counsel before making any payment on a quantum meruit or quantum valebant basis.

      (g)   HCA action. The HCA either:

           (1)  Approves the ratification request in writing and sends the approval to the contracting officer for issuance of the necessary contractual documents.

           (2)  Forwards a recommendation for payment on a quantum meruit or quantum valebant basis to assigned counsel for approval.

           (3)  Returns an unjustified request or recommendation with a written explanation why the request or recommendation is denied.

      (h)   Files. The HCA maintains a separate file containing a copy of each request to ratify an unauthorized contractual commitment and the response. The HCA must make this file available for review by the Senior Procurement Executive and the Inspector General.

      (a)   Definitions.

     “Contracting experience” means personal and substantial involvement in purchasing, renting, leasing, or otherwise obtaining goods or services from federal and nonfederal sources and includes any of the following functions: preparing and issuing purchase orders, including issuing requests for quotations or solicitations, evaluating bids or proposals, selecting sources, price/cost analysis, participating in price negotiations, and contract award and administration.

      (b)  Federal Acquisition Certification in Contracting (FAC-C). All employees in the GS-1102 series must be certified (FAC-C) at the appropriate level (Level I, II or III) in order to be considered for a contracting officer warrant. Effective October 1, 2014, contracting officers, regardless of their series, and other contracting professionals in the GS-1102 series must be certified at an appropriate level as of October 1, 2014. Any contracting professional issued a senior level warrant after October 1, 2014, must be Level III certified. GSA's Acquisition Portal at https://insite.gsa.gov/acquisitionportal.

           (1)  FAC-C Application Process:

                (i)  Applicants are responsible for preparing and submitting their FAC-C certification request in FAITAS for supervisor approval. The electronic application must include all supporting documentation such as transcripts, training certificates, resume, and any other supporting documents.  

                (ii)  The supervisor is responsible for verifying the accuracy and completeness of the application in FAITAS. After supervisory review, the certification request is routed electronically to the BCM in FAITAS. If the BCM recommends approval, the application is forwarded to the ACM, unless delegated, for final approval.

                (iii)  After the ACM or designee approves, the FAC-C certificate is generated through FAITAS.

           (2)  FAC-C Certifications from other agencies.

                (i)   Department of Defense (DoD). GSA will recognize Defense Acquisition Workforce Improvement Act (DAWIA) certification issued by DOD activities as long as there is demonstrated proof that the CLP requirement was completed and maintained. Personnel with current DAWIA certifications must submit a request for FAC-C in FAITAS.

                (ii)   Other civilian agencies. GSA will recognize FAC-C certification issued by another civilian agency, as long as the FAC-C is current in the FAITAS certification history and there is demonstrated proof that the CLP requirement was maintained.

           (3)   FAC-C Waivers. The SPE may waive the requirement for obtaining FAC-C certifications prior to appointment as a contracting officer. Waivers will only be considered in compelling and well documented circumstances. This authority is non-delegable. FAC-C waivers are not transferable to other agencies.

      (c)  Contracting Officer Warrant Program (COWP). GSA’s COWP is administered by the Office of Acquisition Policy.

           (1)   Factors in determination of need for warranted contracting officers. The COWP ensures that a GSA organization has qualified individuals as contracting officers who meet the organization's needs for contracting authority. Factors considered in determining the number of contracting officers appropriate for a given organization include volume of actions, work complexity, and organizational structure.

           (2)  Training, education and experience. The COWP ensures warrant applicants meet all federal and agency requirements for training, education and experience.

           (3)   Responsibilities.

                (i)  GSA’s SPE:

                     (A)  Establishes the policies, procedures, and requirements that govern COWP.

                     (B)  Approves/disapproves in writing, any deviations, waivers or exemptions from any of the COWP requirements.

                (ii)  HCAs:

                     (A)  Establish and budget for training plans for contracting officers.

                     (B)  Monitor contracting officers’ performance.

                     (C)  Establish controls to ensure compliance with laws, regulations, procedures, and good management practice with respect to warrant use by Contracting Officers.

                     (D)  Determine the number of contracting officer warrants necessary for a particular work unit and the grade levels at which the warrant authority will be granted.

                     (E)  Appoint a BCM to oversee the FAC and warrant programs.

                     (F)  Appoint the contracting activity’s Contracting Officer Warrant Board (COWB) to process requests for contracting officer warrants.

                     (G) Establish written procedures for the COWB to ensure the requirements of Federal Acquisition Regulation (FAR)1.603 and this section 501.603 are met when appointing contracting officers.

                     (H)  Select and nominate through the COWB qualified candidates for appointment as contracting officers.

                     (I)  Appoint contracting officers. The HCA may further limit warrant authorities at each warrant level.

                     (J)  Regional HCAs retain acquisition career management responsibilities for both regional and national warrants, based on the contracting officer's FAITAS bureau.

                (iii)  ACM:

                     (A)  Ensures consistent implementation of the COWP across GSA.

                     (B)  Establishes minimum criteria for the contracting activity's COWB to use in the selection, appointment, and termination of appointment of GSA contracting officers.

           (4)  Applicability. COWP applies to all contracting officers except those appointed under the Inspector General Act (Pub. L. 95-452). Contracting authority is not required to:

                (i)  Sign training authorizations for public course offerings.

                (ii)  Sign travel documents.

                (iii)  Order printing and duplicating services from Government sources.

                (iv)  Order supplies from GSA stock through GSA Advantage! or other electronic means.

                (v)  Sign Government Bills of Lading.

                (vi)  Sign system-generated orders for motor vehicles or for requisitions under the Federal Acquisition Service Special Order Program.

                (vii)  Authorize interagency transfers of funds.

                (viii)  Use the Government telephone systems for commercial long distance and local service and/or approving payments for such services.

                (ix)  Use the Federal Acquisition Service (FAS) nationwide contract for express small package transportation services and/or approving payments for such services.

                (x)  Certify receipt and acceptance of goods or services. (This does not apply to certified invoices under 513.370.)

            

           (5)   Warrant levels.

                (i)  COWP warrant levels are based on the dollar value of individual transactions.

                (ii)  Individual transactions include the following:

                     (A)  The dollar value of a contract award, including the dollar value of option periods.

                     (B)  The dollar value of a modification award, and not the aggregate contract dollar value.

                     (C)  The dollar value of a blanket purchase agreement award including the dollar value of option periods.

                     (D)  The dollar value of a blanket purchase agreement modification award, and not the aggregate blanket purchase agreement dollar value.

                     (E)  The dollar value of an order award against an indefinite delivery, indefinite quantity contract (e.g. Federal Supply Schedules, Governmentwide Acquisition Contracts, Multi-agency Contacts, agency- specific indefinite delivery, indefinite quantity contracts) including the dollar value of option periods, and not the aggregate contact dollar value.

                     (F)  The dollar value of a modification award to an order against an indefinite delivery, indefinite quantity contract, and not the aggregate order dollar value.

                     (G)  The dollar value of a purchase order.

                     (H)  The dollar value of a modification to a purchase order and not the aggregate purchase order dollar value.

                (iii)  If an individual transaction includes both additions and deductions, the aggregate, absolute value of the changes determines the warrant level required for award (e.g., the value of an individual action that adds $35,000 of work and deducts $80,000 is $115,000).

                (iv)  HCAs may further limit warrant authorities and dollar values..

Warrant Level	Threshold	Net Average Annual Rent for Leases
Basic	Up to $25,000	Up to $25,000
Simplified Acquisition	Up to the Simplified Acquisition Threshold	Up to the Simplified Lease Acquisition Threshold
Intermediate	Up to and including $10,000,000	Up to and including $10,000,000
Senior	Above $10,000,000	Above $10,000,000

               Note: GSA use of the Government purchase card for micro-purchases shall follow the instructions under GSA Order 4200.1A CFO.

      (d)   Change order authority. Contracting officers may authorize COR change order authority in accordance with the limitations in GSAM 543.202, Authority to issue change orders.

      (e)  If the HCA determines that the considerations listed under GSAM 542.302(c) warrant the establishment of a contract administration office, a contracting officer with an unlimited warrant may authorize contract administrative functions in accordance with GSAM 542.302(d).

      (a)   Contracting Officer Warrant Board (COWB).

           (1)  The COWB ensures that all of the applicable criteria have been met prior to granting any GSA contracting officer warrant.

           (2)  Composition of the COWB. The HCA appoints the Board members and the Chair.

                (i)  COWB Chair. The COWB Chair evaluates the contracting officer candidate's credentials prior to submission to the COWB.

                (ii)  Senior leadership representing each type of warrant issued by the contracting activity.

                (iii)  Other specialized representation, such as legal counsel assistance (as requested).

                (iv)  Any other designee with knowledge and experience in the warrant procedures.

      (b)   Nominations for appointment.

           (1)  Nominations for a regional appointment are submitted by the candidate's supervisor of record. to the regional bureau warrant manager (BWM). The regional BWM will invite the contracting officer candidate to apply for a warrant via FAITAS. In response to the invitation, the contracting officer candidate must provide–

                (i)  Unofficial college transcripts.

                (ii)  Completed GSA Form 3409, Personal Qualifications Statement for Appointment as a Contracting Officer or resume detailing experience, education, and training relevant to the position.

                (iii)  GSA Form 3410, Request for Appointment. The GSA Form 3410 must discuss the contracting activity's specific need for the warrant. Justify the need in Block 1 of the form.

                (iv)  Verification of candidate's training.

           (2)  National Warrant Nomination Process–

                (i)  Nominations for a national acquisition appointment are submitted by the candidate's HCA to the National Office of Acquisition Management.

                (ii)  Nominations for a national leasing appointment are submitted by the candidate's respective regional HCA to the National Office of Leasing.

                (iii)  Nominations for a national site acquisition appointment are submitted by the Director, Office of Real Property Valuation to the National Office of Acquisition Management.

                (iv)  The applicable BCM will invite the contracting officer candidate to apply for a warrant via FAITAS. In response to the invitation, the contracting officer candidate must provide-

                     (A)  Unofficial college transcripts.

                     (B)  Current resume detailing experience, education, and training relevant to the position or previous/current regional warrant certificate.

                     (C)  Completed and signed national warrant nominee form.

                     (D)  Verification of candidate's training.

      (c)   Evaluation of candidates for contracting officer warrants.

           (1)  Experience requirements. The COWB must consider the candidate's relevant experience in determining the candidate's capability to assume contracting officer responsibilities at the desired level.

Warrant Level	Experience Required
Basic	At least 1 year of current (within last 3 years) contracting experience with progressively broader assignments
Simplified Acquisition	At least 2 years of current (within the last 5 years) contracting experience with progressively broader assignments
Intermediate	At least 3 years of current (within the last 7 years) contracting experience with progressively broader assignments*
Senior	At least 4 years of current (within the last 10 years) contracting experience with progressively broader assignments*

          *The COWB will consider the quality of past contracts and leases and the results of any independent review conducted by the contracting activity to verify the nominee's contracting experience as defined in 501.603-1(a) at the intermediate and senior level.

           (2)  Training requirements.

                (i)  Any contracting professional issued an unlimited warrant after October 1, 2014 must be Level III certified.

                (ii)  Contracting officer candidates must complete the minimum training requirements. GSA has adopted the FAC-C curriculum established by the Federal Acquisition Institute (FAI).

                (iii)  Refer to the Acquisition Workforce Community of Practice accessible through GSA's Acquisition Portal at https://insite.gsa.gov/acquisitionportal. for the minimum training requirements for warrants.

                (iv)  In addition to the warrant requirements, individuals may be required to complete additional training to strengthen the acquisition workforce.

                (v)  Contracting officers with multiple warrant authorities (e.g., with authority to dispose of and to acquire goods and services) must complete the mandatory training required for all warrant authorities at the applicable warrant level(s).

           (3)   Educational requirements.

                (i)   Applicants at pay grades 5 through 12. Applicants for permanent warrants above the simplified acquisition level, who are at grades 5 through 12, must have completed a four year course of study leading to a bachelor’s degree or 24 semester hours in one of the designated fields as shown in paragraph (c)(3)(iii) of this section.

                (ii)   Applicants at grades 13 and above. Applicants for permanent warrants above the simplified acquisition level, who are at grade 13 or above, must have completed a four 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 as shown in paragraph (c)(3)(iii) of this section. The SPE may waive these requirements. The applicant must demonstrate significant analytical and decision-making capabilities, an acceptable job performance record, and qualifying experience.

                (iii)  The designated educational fields are:

                     (A)  Accounting.

                     (B)  Business.

                     (C)  Finance.

                     (D)  Law.

                     (E)  Contracts

                     (F)  Purchasing

                     (G)  Economics.

                     (H)  Industrial management.

                     (I)  Marketing.

                     (J)  Quantitative methods.

                     (K)  Organization and management.

                (iv)  Employees who were warranted prior to January 1, 2000, are considered to have met the educational standard for their existing warrant; however, warrant increases or new warrant applications are subject to applicable warrant requirements.

                (v)  To retain warrants, Contracting Officers must meet the 80 hour CLP requirement, every two years, as outlined in the FAC-C curriculum.

           (4)  Job classification requirements.

                (i)  PBS National Acquisition Warrants are limited to candidates within the GS-1102 job series.

                (ii)  PBS National Leasing Warrants are limited to candidates within the GS-1170 job series.

                (iii)  PBS National Site Acquisition Warrants are limited to candidates within the GS-1170 job series.

      (a)   Certificate of Appointment.

           (1)  The HCA appoints contracting officers at the Basic, Simplified Acquisition, Intermediate, or Senior level using Standard Form 1402, Certificate of Appointment.

           (2)  The HCA signs the original Certificate of Appointment before it is issued to the appointed contracting officer.

           (3)  Suggested language for the Certificate of Appointment may be found on the Acquisition Workforce Community of Practice accessible through GSA's Acquisition Portal at https://insite.gsa.gov/acquisitionportal.

           (4)  PBS National Acquisition Warrants will be issued by the PBS Deputy Commissioner, the PBS Assistant Commissioner of Acquisition Management or their delegate in a centralized manner.

           (5)  PBS National Leasing Warrants will be issued by the PBS Deputy Commissioner or PBS Assistant Commissioner of Leasing or their delegate in a centralized manner.

           (6)  PBS National Site Acquisition Warrants will be issued by the PBS Deputy Commissioner, the PBS Assistant Commissioner of Portfolio Management and Customer Engagement or their delegate in a centralized manner.

      (b)   Types of appointments. Candidates are nominated for either an interim or permanent appointment. Candidates for a national warrant are nominated only for a permanent appointment. National appointments replace the need for a regional appointment. A contracting officer may only hold one warrant.

           (1)   Interim appointments. Interim appointments are for a specified period of time. Personnel who hold interim simplified acquisition warrants must complete all training required for a permanent warrant within 1year of the interim appointment. Personnel who hold interim warrants above the simplified acquisition level must complete all training and formal education required for a permanent warrant within 3 years of the interim appointment.

           (2)   Permanent appointments. A permanent appointment may be made when a candidate who meets all requirements for experience, education, and training at the time the appointment is made.

           (3)   Regional appointments. Regional appointments are for work specific to one region or portfolio. Regional appointments may be issued on either a permanent or interim basis.

           (4)   National appointments. National appointments are for work across GSA geographically.

      (c)   Transferability of Warrants.

           (1)  Regional warrants. Warrants may not transfer across contracting activities. Contracting officers that transfer to a new contracting activity must be invited to re-apply for a warrant in FAITAS.

           (2)  National warrants. PBS National Acquisition Warrants, National Leasing Warrants, and National Site Acquisition Warrants are issued for PBS-wide work, which allows the contracting officer to perform work for various entities within PBS. If a contracting officer with a PBS National Acquisition Warrant, National Leasing Warrant or National Site Acquisition Warrant transfers to another office within PBS, follow the requirements at 501.603-4(e).

      (d)   Authority to make purchases for domestic and national security emergencies.

           (1) A contracting officer, you may enter into contracts on behalf of a GSA organization different from the organization specified in their Certificate of Appointment in response to a contingency operation, defense or recovery from certain attacks, major disaster declarations as defined in FAR 18 and other domestic or national security emergencies.

           (2)  The Office of the Chief Acquisition Officer (OCAO) or HCA may grant higher contracting authority during emergencies for Basic, Simplified and Intermediate warrants.  

           (3)  The OCAO or HCA may appoint contracting officers with authority limited to entering into contracts required to respond to domestic or national security emergencies. This will provide GSA a cadre of emergency contracting officers who can instantly respond to emergencies if necessary. For warrants issued as a direct result of an emergency, the OCAO or HCA must have reasonable assurance that the employee is eligible to be warranted if the nature of the emergency precludes submission of otherwise necessary required documentation for the warrant (see 501.603-3(b)).

      (e)   Record Maintenance and Disposal.

           (1)  HCAs are required to keep and maintain comprehensive files containing relevant information on all appointed contracting officers until such time as all warrant data is fully maintained in FAITAS as determined by the ACM.

           (2)  HCAs are required to submit reports to the ACM with consistent and up to date information on the contracting officer warrants issued and terminated until such time as all warrant data is fully maintained in FAITAS as determined by the ACM.

           (3)  Acquisition professionals are responsible for maintaining a copy of their acquisition training history and source documents used for certification requests.

           (4) In accordance with GSA Order OAS P 1820.1, GSA Records Management Program, dispose of expired contracting officer files and warrants by placing the contracting officer records in an inactive file following reassignment, termination of employment or revocation of designation. The inactive file cutoff date is the end of the fiscal year. The files are to be destroyed two years after the cutoff.

      (a)  The SPE has the authority to suspend or terminate any GSA contracting officer appointment in any organizational component of the agency. SPE suspensions or terminations of warrants may not be overridden by any other GSA appointing official.

      (b)  At any time, an HCA may terminate an appointment, change a permanent warrant to an interim warrant, reduce the warrant level, or refuse to accept a warrant from another contracting activity.

      (c)  The supervisor of record must notify the BCM within the organization when a contracting officer does any of the following:

           (1)  Resigns.

           (2)  Transfers to another agency.

           (3)  Is reassigned to another office within GSA.

           (4)  Is terminated, or otherwise disciplined, for malfeasance or incompetence.

           (5)  Does not need the appointment.

           (6)  Fails to comply with experience, education or training requirements.

      (d)  Managers within the supervisory chain-of-command may at any time, suspend a contracting officer's appointment for any of the following:

           (1)  There is reason to believe that the contracting officer failed to exercise sound business judgment.

           (2)  There is reason to believe that the contracting officer engaged in other improprieties in carrying out contracting officer responsibilities.

           (3)  Failure of the contracting officer to comply with continuous learning requirements.

      (e)  If a contracting officer with a PBS National Acquisition Warrant or PBS National Leasing Warrant–

           (1)  Transfers to another office within PBS, the gaining PBS office must validate the organizational need for the national warrant and issue a new national warrant via FAITAS. In the absence of validation, the warrant is terminated with no replacement.

           (2)  Transfers to an office outside of PBS, the warrant is terminated.

      (f)  If a contracting officer with a PBS National Site Acquisition Warrant transfers to another office outside of PBS Central Office, National Center for Site Acquisition, Real Property Valuation, the warrant is terminated.