WO SUPPLEMENT 6309.32-2016-1
EFFECTIVE DATE: 03/22/2016
DURATION: This supplement is effective until superseded or removed.
6309.32_4G01
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FSH 6309.32 - FEDERAL ACQUISITION REGULATION
CHAPTER 4G01 - FOREST SERVICE ACQUISITION REGULATION SYSTEM
Table of Contents
4G01.3 - AGENCY ACQUISITION REGULATION ......................................................... 2
4G01.301 - Policy ................................................................................................................... 2
4G01.4 - DEVIATIONS FROM THE Federal Acquisition Regulation (FAR),
Agriculture Acquisition Regulation (AGAR), AND Forest Service
Acquisition Regulation (FSAR) ......................................................................... 2
4G01.402 - Policy ................................................................................................................... 2
4G01.6 - CAREER DEVELOPMENT, CONTRACTING AUTHORITY, AND
RESPONSIBILITIES ............................................................................................ 2
4G01.601 - General ................................................................................................................. 2
4G01.602 - Contracting Officers ............................................................................................ 3
4G01.602-1 - Authority .......................................................................................................... 3
4G01.602-2 - Responsibilities................................................................................................. 4
4G01.602-3 - Ratification of Unauthorized Commitments .................................................... 4
4G01.603 - Selection, Appointment, and Termination of Appointment for Contracting
Officers ....................................................................................................................... 5
4G01.603-1 - General ............................................................................................................. 5
4G01.603-3 - Appointment ..................................................................................................... 5
4G01.603-4 - Termination ...................................................................................................... 6
4G01.603-5 - Continuous Learning Requirements for Contracting Officers, GS-1105s and
GS-1102s..................................................................................................................... 6
4G01.604 - Contracting Officer’s Representative .................................................................. 7
4g01.605 - Program/Project Managers ................................................................................... 9
4G01.605-1 - General ............................................................................................................. 9
4G01.605-2 - Responsibility ................................................................................................... 9
WO SUPPLEMENT 6309.32-2016-1
EFFECTIVE DATE: 03/22/2016
DURATION: This supplement is effective until superseded or removed.
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FSH 6309.32 - FEDERAL ACQUISITION REGULATION
CHAPTER 4G01 - FOREST SERVICE ACQUISITION REGULATION SYSTEM
4G01.3 - AGENCY ACQUISITION REGULATION
4G01.301 - Policy
(a) The FAR 1.301 provides for the issuance of additional internal agency guidance,
including designations and delegations of authority, assignments of responsibilities,
work-flow procedures, and internal reporting requirements.
4G01.4 - DEVIATIONS FROM THE FAR AND AGAR
4G01.402 - Policy
(a) Submit requests in writing to the Head of the Contracting Activity Designee
(HCAD) to deviate from the provisions of the FAR, AGAR, or these instructions.
Requests must be in the format described in the AGAR 401.402.
4G01.6 - CAREER DEVELOPMENT, CONTRACTING AUTHORITY, AND
RESPONSIBILITIES
4G01.601 - General
(a) In accordance with the General Delegation of Contracting Authority for the
Natural Resources and Environment - Forest Service, the USDA Senior Procurement
Executive (SPE) has delegated the Head of the Contracting Activity (HCA), Chief of
the Forest Service, the authority to make determinations to implement the policies
and procedures of the FAR. As HCA, the Chief of the Forest Service has designated
the Washington Office, Director of Acquisition Management to carry out the
functions of the HCAD. A copy of the delegation letter is at
http://fsweb.wo.fs.fed.us/aqm2/wo/procurement/index.php#z.
(b) The HCA or the HCAD has delegated procurement authority in an unlimited
amount, except for limitations specified in USDA Departmental Regulation 5039-7,
Delegation of Procurement Authority for Information Technology.
(1) The HCA or the HCAD may re-delegate contracting authority by appointing
Contracting Officers (CO) without power of re-delegation. The HCA or the HCAD
will appoint Contracting Officer’s Level I and higher authority, as appropriate, as
defined in Procurement Advisory #100, USDA Contracting Officers Warrant
Guidelines. Procurement Advisories are issued by the USDA Office of Procurement
and Property Management and posted on the USDA website at
http://www.dm.usda.gov/procurement/career/index.htm.
WO SUPPLEMENT 6309.32-2016-1
EFFECTIVE DATE: 03/22/2016
DURATION: This supplement is effective until superseded or removed.
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FSH 6309.32 - FEDERAL ACQUISITION REGULATION
CHAPTER 4G01 - FOREST SERVICE ACQUISITION REGULATION SYSTEM
(2) The SPE has granted the HCAD authority to issue temporary warrants to
Administratively Determined (AD) employees. A copy of the written authority is at
http://fsweb.wo.fs.fed.us/aqm2/wo/procurement/index.php#z.
(3) In addition, as an exception to the general delegation of authority, the HCA or
HCAD may designate a Senior Acquisition Official at each Regional Office,
Research Station, and Forest Products Laboratory, as an Appointing Official with
power to re-delegate simplified acquisition Contracting Officer authority.
(i) Appointing Officials are responsible for ensuring all appointments are made
within the specified limitations of their delegation of authority.
(ii) A copy of any warrant issued by an Appointing Official must be submitted to the
Integrated Acquisition System Change Request at the time of issuance.
(iii) All Appointment Officials shall be procurement professionals at the minimum
GS-1102-13 level.
(iv) All Appointment Officials shall be a certified Level II or above Contracting
Officer.
4G01.602 - Contracting Officers
4G01.602-1 - Authority
(a) USDA policy on Contracting Officer’s warrant authority is contained in
Procurement Advisory #85, Acquisition Workforce Training, Delegation, and
Management System, and Procurement Advisory #100.
(b) Claims.
(1) When the claim settlement amount is above the Contracting Officer's authority,
the claim may be settled by an Acquisition Official possessing a warrant in the
appropriate amount and who is either the Contracting Officer's Supervisor or is
located at an organizational level above the Contracting Officer.
(2) Final decisions on disputed claims made by Contracting Officers with Simplified
A and B warrants must be reviewed prior to issuance by a Warranted Acquisition
Official who is either the Contracting Officer's Supervisor or “level above the
Contracting Officer.” The review must be documented in the contract file.
(c) Incident-related Limitations.
WO SUPPLEMENT 6309.32-2016-1
EFFECTIVE DATE: 03/22/2016
DURATION: This supplement is effective until superseded or removed.
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FSH 6309.32 - FEDERAL ACQUISITION REGULATION
CHAPTER 4G01 - FOREST SERVICE ACQUISITION REGULATION SYSTEM
(1) Employees assigned as Incident Buying Team Leaders, Procurement Unit
Leaders, or Contracting Officers shall have a warrant and specialized incident training
in accordance with the Forest Service Fire and Aviation Qualifications Guide, which
can be found at http://www.fs.fed.us/fire/publications/fsfaqg/fsfaqg.pdf.
(2) Emergency Equipment Rental Agreements (EERAs). Emergency Equipment
Rental Agreements are incident ordering agreements established for an individual
incident. Warranted personnel may enter into EERAs. Their warrant level must
cover the total estimated value of the EERA based on the rate and estimated
performance period.
(3) Land Use Agreements (LUAs). Warranted personnel may sign LUAs. Their
warrant level must cover the total estimated value of the Land Use Agreement. Any
changes, modifications, or claim settlements arising from or relating to agreements,
must be made by a Warranted Contracting Officer for the change, modification, or
claim
4G01.602-2 - Responsibilities
(a) Contracting Officers may utilize the form FS-6300-0006, Designation of
Contracting Officer’s Representative to designate CORs. Contracting Officers shall
designate only certified CORs; a copy of the Federal Acquisition CertificationContracting Officers Representative (FAC-COR) certificate must be placed in the
contract file, along with a copy of the COR designation letter.
(b) Prior to requesting a warrant, the warrant candidate is responsible to ensure all
requirements for the requested warrant per Procurement Advisory #100 are met.
Warrant requests requiring a Federal Acquisition Certification in Contracting (FACC) will not be processed until the requester has obtained the FAC-C. Requirements
for a FAC-C are found in the Office of Federal Procurement Policy (OFPP)
“Revisions to the Federal Acquisition Certification in Contracting (FAC-C)”
memorandum dated May 7, 2014, on the Federal Acquisition Institute (FAI) website
at http://www.fai.gov/drupal/sites/default/files/2014-05-07-FAC-C_Refresh.pdf.
4G01.602-3 - Ratification of Unauthorized Commitments
(a) Ratification authority may be delegated to the Chief of the Contracting Office
(COCO) if the COCO is warranted for actions up to the limits of their Simplified
Acquisition Threshold (SAT) Contracting Officer appointment authority (that is,
Simplified A and B warrants). If the COCO is not warranted, or if the action exceeds
the SAT, ratification authority is limited to the HCA or HCAD.
WO SUPPLEMENT 6309.32-2016-1
EFFECTIVE DATE: 03/22/2016
DURATION: This supplement is effective until superseded or removed.
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FSH 6309.32 - FEDERAL ACQUISITION REGULATION
CHAPTER 4G01 - FOREST SERVICE ACQUISITION REGULATION SYSTEM
(b) Concurrence of legal counsel is not required, and the Ratifying Official has the
responsibility to exercise judgment as to whether or not to seek such concurrence
based on the circumstances and complexity of the issue at hand.
4G01.603 - Selection, Appointment, and Termination of Appointment for
Contracting Officers
4G01.603-1 - General
Procurement Advisories #85 and #100, and the letter of delegation from USDA SPE to the HCA
establish the foundation for the selection, appointment, and termination of Contracting Officers.
4G01.603-3 - Appointment
(a) The Appointing Official for Simplified A and B Contracting Officers shall be as
specified in the FSH 6309.32 4G01.601.
(b) The Appointing Official for Level I and higher Contracting Officers shall be the
HCAD.
(c) All Contracting Officers, regardless of warrant authority, shall be appointed on an
SF-1402, Certificate of Appointment. Effective April 1, 2014, warrants are processed
in the Federal Acquisition Institute Training Application System (FAITAS). FAITAS
assigns a unique identification number to each warrant.
(d) The following details must be included on the SF-1402, Certificate of
Appointment: Identify the warrant level, dollar limitation, and any further definition
of contract type that applies to the warrant based on accomplishment of specialty
training; that is, A&E, Construction, and Stewardship.
For example: Warrant Level IIA, $5,000,000, Service and Supply Contracts Only;
$100,000 for A&E, Construction, and Stewardship Contracts.
(e) Additional warrant requirements for stewardship/IRSC contracts are in
FSH 6309.32 4G37.701(a).
(f) Successor Contracting Officer.
(1) If the original Contracting Officer is reassigned, transferred, or absent for an
extended period, a successor Contracting Officer may be designated by the senior
level Contracting Officer responsible for the assignment of work. Successor
Contracting Officers shall have delegated authority equal to or exceeding the
aggregate amount of the contract, and upon designation, have the responsibility to:
WO SUPPLEMENT 6309.32-2016-1
EFFECTIVE DATE: 03/22/2016
DURATION: This supplement is effective until superseded or removed.
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FSH 6309.32 - FEDERAL ACQUISITION REGULATION
CHAPTER 4G01 - FOREST SERVICE ACQUISITION REGULATION SYSTEM
(i) Sign as Contracting Officer and
(ii) Provide a copy of the change of delegation to all affected contractors and CORs.
(g) Administratively Determined (AD) Warrants.
(1) Retired Contracting Officers with specialized experience in incident
procurements (that is, fires) may be granted temporary warrant authority as an AD
hire when meeting the requirements of a waiver granted by USDA SPE. All warrants
granted under this authority will be submitted to and signed by the HCAD. These
warrants are limited to a not-to-exceed 180 calendar days. For more information,
click on the following link:
http://fsweb.wo.fs.fed.us/aqm2/wo/procurement/index.php#z.
(2) Administratively Determined Warrants are processed in the Federal Acquisition
Institute Training Application System (FAITAS); therefore, AD employees shall
create a FAITAS account, which requires a valid Forest Service e-mail address.
4G01.603-4 - Termination
(a) Appointing Officials may terminate warrant delegations in accordance with
Procurement Advisories #85 and #100.
(b) All Contracting Officer warrants are automatically terminated when the
Contracting Officer departs from the Forest Service.
(c) Level I and higher warrants are automatically terminated when the Contracting
Officer is reassigned to a position outside the GS-1105 or GS-1102 series.
(d) All warrants are based on an organizational need and, therefore, are automatically
terminated if a Contracting Officer transfers to another Bureau (Region).
4G01.603-5 - Continuous Learning Requirements for Contracting Officers,
GS-1105s and GS-1102s
(a) See Procurement Advisory #112, Continuous Learning Management for USDA’s
Acquisition Workforce.
(b) Continuous learning dates for FAC-C personnel must be computed based on the
date of certification per Procurement Advisory #112.
(c) The Continuous Learning Points (CLPs) are tracked in the FAITAS. The
continuous learning period for non-certified GS-1105s/1102s and non-certified
warranted Contracting Officers is based on fiscal/odd year (that is, October 1, 2011 -
WO SUPPLEMENT 6309.32-2016-1
EFFECTIVE DATE: 03/22/2016
DURATION: This supplement is effective until superseded or removed.
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FSH 6309.32 - FEDERAL ACQUISITION REGULATION
CHAPTER 4G01 - FOREST SERVICE ACQUISITION REGULATION SYSTEM
September 30, 2013). The required continuous learning must be completed by
September 30 of odd numbered years.
(d) COCOs are responsible for tracking CLPs of acquisition workforce members that
are not certified in FAITAS. The CLP records must be readily available for
review/audit.
4G01.604 - Contracting Officer’s Representative
(a) Contracting Officers will designate CORs in writing.
(1) Contracting Officers may not modify FS-6300-0006, Designation of Contracting
Officer’s Representative, but may create their own designation letter, provided the
locally developed letters comply with the requirements of the FAR 1.602-2(d).
(2) Locally developed forms cannot include non-delegable responsibilities. CORs
shall not be designated unless they meet the certification requirements of the current
OFPP memorandum.
(b) Level III certified CORs are recommended for aviation contracts.
(c) CORs designated/delegated authority under Information Technology contracts –
Reserved.
(d) Washington Office Staff Directors, Regional Foresters, Station Directors, the
Area Director, the International Institute of Tropical Forestry Director, and Job Corps
Conservation Center Directors are responsible for ensuring an adequate pool of
certified CORs to administer their units’ contracts.
(e) Line Officers/Program Managers are responsible for:
(1) Providing certified CORs; such personnel remain a part of the Program Officer’s
staff.
(2) Developing certified CORs for their program’s procurement contracts.
(3) Ensuring CORs develop appropriate technical skill and program knowledge.
(4) Providing a list of certified CORs to the Contracting Officer for a specific
contract with supporting evidence for selecting a COR for a specific contract in
writing, if requested. Failure to provide a qualified COR may prevent contract award.
(f) Supervisors of CORs are responsible for:
WO SUPPLEMENT 6309.32-2016-1
EFFECTIVE DATE: 03/22/2016
DURATION: This supplement is effective until superseded or removed.
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FSH 6309.32 - FEDERAL ACQUISITION REGULATION
CHAPTER 4G01 - FOREST SERVICE ACQUISITION REGULATION SYSTEM
(1) Supporting COR training and development plans to ensure the candidates satisfy
all the requirements for COR certification.
(2) Evaluating the COR with respect to the competencies listed on the FAI website.
(3) Ensuring the COR is adequately trained and has obtained the competencies listed
on the FAI website.
(4) Ensuring the COR is certified at the appropriate level.
(5) Tracking maintenance training to ensure the COR is earning appropriate hours of
maintenance training every 2 years, as required by the OFPP and is entering all
training into FAITAS.
(g) Contracting Officer’s Representatives shall:
(1) Maintain documentation of all training and certifications as required in the FACCOR OFPP memorandum.
(2) Enter all required data into FAITAS.
(h) Contracting Officers shall:
(1) Use the guidance of the FAR 1.602-2 to determine when it is appropriate to
designate a COR. The Contracting Officer, in consultation with the Program
Manager and with the guidance contained in the FAR and the OFPP memorandum,
will determine if a COR should be designated. The Contracting Officer makes the
final decision regarding COR designation. Only the individuals who have received
their FAITAS FAC-COR certificate may be designated by the Contracting Officer.
(2) Confirm the certification level of the COR to ensure it is the appropriate level for
the complexity of the contract. Designated CORs shall provide a copy of their
FAITAS FAC-COR certificate to the Contracting Officer. If the FAC-COR is older
than 2 years, a copy of the Continuous Learning achievement certificate must be
provided to the Contracting Officer. The certificates must be maintained in the
contract file.
(3) Prepare the COR designation letter.
(i) Chief of the Contracting Office is responsible for:
(1) Reviewing the FAI FAC-COR applications and training submitted in FAITAS to
ensure the COR has obtained adequate training hours and met all COR work
experience requirements for the COR certification level requested.
WO SUPPLEMENT 6309.32-2016-1
EFFECTIVE DATE: 03/22/2016
DURATION: This supplement is effective until superseded or removed.
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FSH 6309.32 - FEDERAL ACQUISITION REGULATION
CHAPTER 4G01 - FOREST SERVICE ACQUISITION REGULATION SYSTEM
(2) Processing Continuous Learning achievement requests using the guidance of
Procurement Advisory #112, to ensure the COR is earning the appropriate hours of
maintenance training every two years from the date of certification, per the OFPP.
4g01.605 - Program/Project Managers
4G01.605-1 - General
The USDA policy covering qualification and certification requirements for Program/Project
Managers is contained in the Procurement Advisories #85 and #112, and the OFPP Policy
memorandum, “Revisions to the Federal Acquisition Certification for Program and Project
Managers,” dated December 16, 2013. This guidance is maintained on the FAI website at
http://www.fai.gov.
4G01.605-2 - Responsibility
(a) The Washington Office Staff Directors, Regional Foresters, Station Directors, the
Area Director, the International Institute of Tropical Forestry Director, and Job Corps
Conservation Center Directors are responsible for ensuring certified Program and
Project Managers are available for all major acquisitions as defined in the OMB
Circular A-11, Part 7, exhibit 300, Planning, Budgeting, Acquisition, and
Management of Capital Assets. See the Circular for a more precise definition.
(b) Program/Project Managers shall:
(1) Maintain documentation of all training and certifications as required in the
Procurement Advisories.
(2) Enter all required data into FAITAS.
(c) The COCO is responsible for:
(1) Reviewing the FAI FAC-P/PM applications and training submitted in FAITAS to
ensure the Program and Project Manager has obtained adequate training hours and
meets all requirements for the FAC-P/PM certification level requested.
(2) Processing Continuous Learning achievement requests using the guidance of the
Procurement Advisory #112 to ensure the Program and Project Manager is earning
the appropriate hours of maintenance training every 2 years, per the OFPP policy.