[Federal Register Volume 62, Number 186 (Thursday, September 25, 1997)]
[Notices]
[Pages 50405-50407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25393]
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OFFICE OF MANAGEMENT AND BUDGET
Office of Federal Procurement Policy
Policy Letter on Procurement System Education, Training and
Experience Requirements for Acquisition Personnel
AGENCY: Executive Office of the President, Office of Management and
Budget (OMB), Office of Federal Procurement Policy (OFPP).
ACTION: OFPP is issuing a Policy Letter on ``Procurement System
Education, Training and Experience Requirements for Acquisition
Personnel.''
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SUMMARY: Section 37(b)(3) of the Office of Federal Procurement Policy
Act, as amended, 41 U.S.C. Sec. 401, et seq., requires the
Administrator for Federal Procurement Policy to issue policies to
promote uniform implementation of a program to provide for improvements
in the quality of the Government's acquisition workforce, with due
regard for differences in program requirements among agencies that may
be appropriate and warranted in view of the agency mission. To the
extent practicable, the policies set forth in this Policy Letter are
comparable to those established for acquisition personnel in the
Department of Defense (DOD) who are subject to the Defense Acquisition
Workforce Improvement Act (Chapter 87 of title 10, United States Code).
Pursuant to Section 37 of the OFPP Act, the Administrator
established a working group consisting of Senior Procurement Executives
of the major civilian agencies to make recommendations concerning a
program to improve the quality of the non-DOD acquisition workforce.
The policies and procedures set forth in this Policy Letter represent
the culmination of that effort.
FOR FURTHER INFORMATION CONTACT: Richard C. Loeb, Executive Secretary,
Office of Federal Procurement Policy (telephone: 202-395-3254). The
address is Office of Federal Procurement Policy, 725 17th Street, NW,
Room 9001, Washington, DC 20503. To obtain a copy of this Policy
Letter, please call the Executive Office of the President's Publication
Office at (202) 395-7332.
Dated: September 12, 1997.
Steven Kelman,
Administrator.
Policy Letter No. 97-01
To the Heads of Civilian Executive Departments and Agencies
Subject: Procurement System Education, Training and Experience
Requirements for Acquisition Personnel
1. Purpose
The purpose of this Letter is to implement Section 37 of the Office
of Federal Procurement Policy Act, as amended (hereafter referred to as
the Act).
2. Authority
These policies and procedures are issued pursuant to Section
37(b)(3) of the Office of Federal Procurement Policy (OFPP) Act, as
amended, (41 U.S.C. 401 et seq.), which directs the Administrator,
Office of Federal Procurement Policy, to issue policies to promote
uniform implementation of Section 37 of the Act by executive agencies,
with due regard for differences in program requirements among agencies
that may be appropriate and warranted in view of the agency mission.
3. Background
Beginning with the report of the Commission on Government
Procurement in 1972, every major study of the Federal acquisition
process has recommended improvements in the management of the
acquisition workforce, because ``people are the most critical part of
any effective procurement process''. Subsequently, Congress directed
every Federal department and agency to develop and maintain a
procurement career management program to ensure an adequate
professional workforce (section 16(4) of the Act). In Section 6(d)(5)
of the Act, Congress further directed the OFPP Administrator, through
the Federal Acquisition Institute (FAI), to foster and promote the
development of a professional acquisition workforce Government-wide.
Pursuant to these statutory mandates, OFPP Policy Letter 92-3
(implemented in section 1.603-1 of the Federal Acquisition Regulation)
establishes Government-wide policies and standards for skill-based
training in performing contracting duties and tasks. In 1990 Congress
passed the Defense Acquisition Workforce Improvement Act (DAWIA) which
established education, training and experience requirements for entry
and advancement in the acquisition career field within the Department
of Defense (DOD). In 1996, Congress amended the OFPP Act to establish
comparable education, training, and experience requirements for
civilian agencies.
4. Applicability
This Letter applies to all executive agencies, except those subject
to the Defense Acquisition Workforce Improvement Act (chapter 87 of
title 10, United States Code).
5. Responsibility for Acquisition Career Management Programs
Subject to the authority, direction, and control of the head of an
executive agency, the Senior Procurement Executive of the agency shall
carry out all powers, functions, and duties of the head of the agency
with respect to implementation of this Letter. The Senior Procurement
Executive shall ensure that the policies of the head of the agency,
established in accordance with this Letter, are implemented throughout
the agency.
6. Establishment of Agency-wide Policies and Procedures
Agency heads, after consultation with the OFPP Administrator, shall
establish department or agency-wide policies and procedures pursuant to
the provisions of the Act. The Senior Procurement Executive of each
affected agency shall advise the Administrator, within 180 days from
the date of this Letter, on agency plans for issuing such policies and
procedures for the effective management (including accessions,
education, training and career development) of the acquisition
workforce. Agency heads, unless otherwise advised by the OFPP
Administrator within thirty (30) days after such notification, shall
proceed with planned implementation activities. To the maximum extent
practicable, these acquisition workforce policies and procedures shall
be uniform in their implementation throughout the agency. The head of
each department and agency shall issue such policies and procedures by
May 1, 1998.
7. Workforce Coverage
For purposes of this Letter, the acquisition workforce of an agency
includes:
a. All positions in the General Schedule (GS-1102) Contracting
Series and non-DOD uniformed personnel in comparable positions.
b. All Contracting Officers regardless of General Schedule series
with authority to obligate funds above the micropurchase threshold.
[[Page 50406]]
c. All positions in GS-1105 Purchasing Series.
d. All Contracting Officer Representatives/Contracting Officer
Technical Representatives, or equivalent positions.
The Administrator of the Office of Federal Procurement Policy will
consult with the agencies in the identification of other acquisition
related positions.
8. Management Information System
Agencies are required to collect and maintain standardized
information on implementation of the provisions of section 37 of the
Act. The Federal Acquisition Institute will work with the agencies and
the Office of Personnel Management to establish and prescribe standard
data elements for the purposes of this statutory requirement. To the
maximum extent practicable, such management information systems will
conform to the standards established by the Office of Personnel
Management for the Central Personnel Data File. These systems shall
include a data element on waivers under paragraph 9.g. of this Letter.
9. Career Development
a. Career Paths--Agencies shall identify and publish model career
paths or ``road maps'' to ensure that contracting and other personnel
interested in pursuing careers in contracting are knowledgeable of the
education, training, and experience requirements for employment,
progression and advancement to the most senior positions in the
contracting field within the agency.
b. Critical Skills--For each career path, the critical acquisition-
related duties and tasks employees must be competent to perform at the
full performance and senior levels shall be established by the agencies
and shall include coverage of duties and tasks as identified by the
Director of the Federal Acquisition Institute. OFPP Policy Letter 92-3
established Government-wide standards for these purposes.
c. Mandatory Education--The education requirements for acquisition
positions are established by the OFPP Administrator, in coordination
with the Office of Personnel Management, as prescribed by section 37(g)
of the Act. The education requirements for GS-1102 positions have been
established in coordination with the Office of Personnel Management.
d. Mandatory Training and Experience--Experience requirements for
GS-1102 positions are identified in the OPM Contract Specialist (GS-
1102) Qualification Standard. In addition to the following mandatory
training, agencies may require assignment-specific training for
personnel in selected positions, as appropriate:
(1) All personnel in the GS-1102 Contracting Series and Contracting
Officers (regardless of General Schedule Series) with authority to
obligate funds above the micropurchase threshold shall complete the
mandatory and related on-the-job training, as prescribed in OFPP Policy
Letter 92-3.
(2) All Personnel in the Purchasing occupational series (General
Schedule Series 1105), other civilian and uniformed personnel
performing purchasing duties, and individuals with contracting
authority at or below the simplified acquisition threshold, or with
authority to place delivery orders at any dollar level, shall complete
training in acquiring goods and services under FAR Part 13 and placing
delivery orders.
(3) Contracting Officer Representatives/Contracting Officer
Technical Representatives (CORs/COTRs)--The core training for CORs/
COTRs must cover the competencies as contained in the FAI COR/COTR
Workbook. Agencies may consider any training methodology to satisfy
this requirement, i.e., classroom, correspondence, computer-based
instruction, etc.
(4) Other acquisition related occupations--Training for these
participants in the procurement process will be established as such
occupations are identified by the OFPP Administrator.
e. Skills Currency--Agencies shall establish policies that require
an equivalent of at least 40 hours of continuing education or training
every two years for contract specialists (GS-1102 series) and
Contracting Officers who have satisfied the mandatory and agency/
assignment-specific training for the purpose of maintaining currency of
acquisition knowledge and skills. This may include, but is not limited
to, agency sponsored training and management/executive seminars,
special job and/or professional association related projects and/or
participation in seminars/workshops, or other appropriated
developmental activities.
f. Tuition Assistance--The head of an executive agency may provide
tuition reimbursement in education (including a full-time course of
study leading to a degree) in accordance with section 4107 of title 5,
United States Code, for personnel serving in acquisition positions in
the agency.
g. Waiver Authority for GS-1102 Education Requirements. The agency
Senior Procurement Executive may, based on demonstrated analytical and
decision making capabilities, job performance, and qualifying
experience, waive one of the two sets of education requirements for an
applicant for a GS-13 and above position based on a certification (see
Contract Specialist (GS-1102) Qualification Standard) that the
applicant possesses significant potential for advancement to levels of
greater responsibility and authority. This waiver should be utilized
only in rare and unusual circumstances, i.e., when there are no
qualified candidates readily available. The use of this authority
should be adequately documented and exercised on a case-by-case basis.
h. Funding Levels--The head of an executive agency shall set forth
separately the funding levels requested for education and training of
the acquisition workforce in the budget justification documents
submitted in support of the President's budget submitted to Congress
under section 1105 of title 31, United States Code. Funds appropriated
for education and training under this section may not be obligated for
any other purpose. 1
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\1\ Section 433(h), Title 41 U.S.C.
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i. Program Evaluation--The OFPP Administrator shall evaluate the
implementation of these provisions by executive agencies.
10. FAI Responsibilities
The OFPP Administrator is responsible for providing for and
directing the activities of the FAI. The FAI is in turn responsible for
a wide range of career management support activities associated with
maintaining the inventory of acquisition personnel competencies for use
by Federal and private sector education and training communities and
providing specific and general technical assistance to Federal agencies
in improving the quality of the acquisition workforce.
As courseware (including Workbooks) are developed and/or updated,
these products will be made available through the FAI Homepage. The FAI
Homepage address is: http://www.gsa.gov/staff/v/training.htm. The FAI
specific responsibilities relating to the provisions of this Letter are
to:
a. Foster and promote the development of a professional acquisition
workforce;
b. Promote and coordinate Government-wide research and studies to
improve the procurement process and the laws, policies, methods,
regulations, procedures, and forms relating to acquisition by the
executive agencies;
c. Collect and analyze acquisition workforce data from the Office
of
[[Page 50407]]
Personnel Management, the heads of executive agencies and, through
periodic surveys of individual employees;
d. Periodically analyze acquisition career fields to identify
critical competencies, duties, tasks, and related academic
prerequisites, skills, and knowledge;
e. Coordinate and assist agencies in identifying and recruiting
highly qualified candidates for acquisition fields;
f. Develop instructional material for acquisition personnel in
coordination with private and public acquisition colleges and training
facilities;
g. Evaluate the effectiveness of training and career development
programs for acquisition personnel;
h. Promote the establishment and utilization of academic programs
by colleges and universities in acquisition fields;
i. Facilitate, to the extent requested by agencies, interagency
intern and training programs; and
j. Perform other career management and research functions as
directed by the Administrator.
11. Information Contact
Questions regarding this Policy Letter should be directed to
Richard C. Loeb, Executive Secretary, Office of Federal Procurement
Policy, 202-395-3254, facsimile, 202-395-5105. The address is Office of
Federal Procurement Policy, 725 17th Street, NW, Washington, DC 20503.
12. Judicial Review
This Policy Letter is not intended to provide a constitutional or
statutory interpretation of any kind and it is not intended, and should
not be construed, to create any right or benefit, substantive or
procedural, enforceable at law by a party against the United States,
its agencies, its officers, or any persons. It is intended only to
provide policy guidance to agencies in the exercise of their discretion
concerning Federal contracting. Thus, this Policy Letter is not
intended, and should not be construed, to create any substantive or
procedural basis on which to challenge any agency action or inaction on
the ground that such action or inaction was not in accordance with this
Policy Letter.
13. Effective Date
This Policy Letter is effective 30 days after the date of issuance.
Steven Kelman,
Administrator.
[FR Doc. 97-25393 Filed 9-24-97; 8:45 am]
BILLING CODE 3110-01-P
