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

APPENDICES