Federal Register: November 27, 2009 (Volume 74, Number 227)
DOCID: fr27no09-20 FR Doc E9-26948
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Western Area Power Administration
CFR Citation: 48 CFR Chapter 3
NOTICE: Part II
DOCID: fr27no09-20
DOCUMENT ACTION: Issuance of direct final rule and opportunity for comment.
SUBJECT CATEGORY:
Health and Human Services Acquisition Regulation
DATES: Comments are due on or before December 28, 2009. If HHS does not receive adverse comments, this direct final rule will be effective on January 26, 2010.
DOCUMENT SUMMARY:
The Department of Health and Human Services (HHS) is revising its Federal Acquisition Regulation (FAR) Supplementthe HHS Acquisition Regulation (HHSAR) in its entirety to reflect statutory, FAR, and governmentwide and HHS policy changes since the last revision to the HHSAR in December 2006.
SUMMARY:
Health and Human Services Department
SUPPLEMENTAL INFORMATION
I. Background
The Department of Health and Human Services (HHS) is revising the entire HHSAR (48 CFR chapter 3, parts 301 through 370) to reflect changes since the last revision was published in the Federal Register in December 2006. The decision to revise the document in its entirety is based on the number of changes rather than their collective substance.
The amendments generally fall into several categories: (1) Changes to make the document easier to read; (2) changes to reflect internal procedural matters which are administrative in nature and which will not have a major effect on the general public or on contractors or offerors supporting HHS acquisition programs; (3) changes which HHS previously issued on an interim basis (and posted on its publicly available Web site), following coordination with the HHS Operating Divisions' (OPDIVs) Heads of Contracting Activity; (4) changes that involve implementation of statutes or governmentwide mandates enacted or issued since December 2006; (5) necessary conforming changes, such as addition of new or revised definitions; and (6) deletion of outdated material.
The majority of the HHSAR revisions fall into the first category, i.e., they are editorial and include (1) using plain English, such as using active rather than passive voice; (2) standardizing terminology usage and formatting; (3) making minor adjustments to reflect current internal coordination procedures among departmental organizations; (4) citing current titles for various acquisition officials and organizations; and (5) providing a table that specifies the abbreviations and acronyms commonly used throughout the HHSAR. II. Summary of Key Changes
The following summarizes changes that involve implementation of statutes or governmentwide mandates enacted or issued since December 2006. The editorial changes are not individually summarized. A. FederalWide and HHS Acquisition Certification Programs
The HHSAR coverage in Subpart 301.6 of requirements for training and certification of acquisition officials, as well appointment of Contracting Officers, has been rewritten to reflect the HHS implementation of the Federal Acquisition Certification Programs for contracting staff (FACC) (based on guidance provided by the Office of Federal Procurement Policy (OFPP) in April, 2005); Contracting Officer's Technical Representatives (FACCOTR) (based on the governmentwide COTR certification standards established by OFPP in November, 2007), and Program/Project Managers (FACP/PM) (in response to the Services Acquisition Reform Act of 2003 (SARA), Public Law 108 136, and the requirements established by OFPP in April, 2007).
Implementation of the FACCOTR program also has resulted in HHS changing the terminology it uses to describe the official who represents the requiring office after award. Where previously, HHS used only one termProject Officerto signify the person responsible for the preaward and postaward responsibilities of the requiring office, the HHSAR now distinguishes between the preaward responsibilities of the Project Officer and the postaward responsibilities of the COTR, even if the same individual performs both sets of responsibilities.
These certification programs establish prerequisites for those who seek certification, as well as for others involved in the acquisition process. For example, HHS added a new section 301.605, Contracting Officer designation of Contracting Officer Technical Representative, to specify Contracting Officer responsibilities for designation of a COTR, including documenting that a proposed COTR meets certification requirements.
Subpart 301 also addresses the HHSunique simplified acquisition
certification program (SACC); HHSspecific training requirements,
including those for purchase card holders; and prerequisites and authorities for issuance of Contracting Officer warrants.
[[Page 62397]]
B. Improvements in the Quality of Contract Data
Consistent with the statutory requirements of the Federal Funding
and Transparency Act of 2006 (Pub. L. 109282) and the American
Recovery and Reinvestment Act of 2009 (Pub. L. 1115) and OFPP's
initiative to improve the quality and timeliness of the award
information stored in the Federal Procurement Data SystemNext
Generation, HHS is making efforts to improve the quality and timeliness
of its contract data as reported in FPDSNG, USA.Spending.gov, and
Recovery.gov. To accomplish this, in Subpart 304.6, HHS has established
clear lines of responsibility and accountability for the quality and timeliness of contract data.
C. Internal Initiatives To Provide Common Formats and Templates
A new HHSAR Subpart302.71lists the areas where HHS has developed standards for documentation or approaches that provide consistency across the HHS OPDIVs. These internal business standards encompass: Acquisition planning, competition reporting, the organization and content of contract files, and market research notices.
D. Homeland Security Presidential Directive12 (HSPD12)
A new Subpart 304.13, Personal Identity Verification, and section 304.1300, Policy, have been added to implement HSPD12 in HHS. The HHS implementation includes applicable solicitation provisions and contract clauses and (1) reflects the implementing guidance established by Office of Management and Budget Memoranda M0524 and M0618, Federal Information Processing Standard (FIPS) Publication 201, and Federal Acquisition Regulation (FAR) 4.13; and (2) provides a consistent and systematic approach to ensure the security of HHS facilities and information systems.
E. Competition and Acquisition Planning
Consistent with governmentwide efforts to increase competition, in
Parts 306, 307, and 308, as applicable, HHS included HHSAR coverage
concerning (1) appropriate use of sources sought notices (Research and
development (R&D) and nonR&D and small businesses) and requests for
information (2) content requirements for Justifications for Other Than
Full and Open Competition (JOFOCs) and Limited Source Justifications
(LSJs), (3) the requirement to use a standard JOFOC and LSJ format, and
(4) the Contracting Officer's approval authority for JOFOCs and LSJs for acquisitions exceeding $100,000.
HHS also
Specified that each HHS OPDIV competition advocate must prepare an
annual Competition Advocate Report; and provided a standard format for the report's preparation.
Updated the requirements for preparing an Annual Acquisition Plan and provided a standard template for the plan's preparation.
Established a standard format for development of an Acquisition Plan;
and provided procedures for the plan's review, coordination, and approval.
Addressed preparation and approval of a LSJ for acquisitions awarded
under the General Services Administration multiple award schedule
program; and provided a standard format for preparing an LSJ.
Addressed preparation and approval of an acquisition strategy for
major information technology capital investments and, as applicable, other major investments.
F. Section 508 Electronic Information Technology Accessibility Standards
In a new Subpart 315.70, HHS added coverage for acquisition of
electronic information technology (EIT) products and services to
implement the requirements of Section 508 of the Rehabilitation Act of
1973 [29 U.S.C. 794(d)], as amended by the Workforce Investment Act of
1998. In that subpart and, as a result of conforming changes in other
parts of the HHSAR, HHS established a policy preference for
commercially available products; indicated what must be addressed in
solicitations, contracts, and orders, and added documentation and
contract administration requirements that relate to the Section 508 accessibility standards and requirements.
G. MultiYear Contracting and Awards Made During a Continuing Resolution
HHS added a new Subpart 317.1 to address its policy on multiyear contracting and amended Subpart 332.7 to provide coverage regarding awards made during a continuing resolution.
H. MultiAgency and IntraAgency Contracts
HHS added a new subpart 317.70 to address its expectations regarding the use of intraagency and multiagency contracts. Such contracting has been the subject of audit scrutiny and has been addressed by OFPP. As a result, to avoid possible misuse, HHS is stating the conditions for use of such vehicles within HHS. I. Green Purchasing Requirements
HHS added a new subpart 323.71 to establish its requirements for green purchasing.
J. Earned Value Management
HHS added a new Subpart 334.2 to implement the FAR coverage of earned value management (EVM), including: Use of full and partial EVM; use of solicitation provisions and contract clauses addressing documentation offerors must provide to demonstrate compliance with EVM system requirements; and criteria for use of preaward or postaward integrated baseline reviews.
K. Other Changes
Under section 331.10170, Salary Rate Limitation, HHS provided a revised prescription for use of, and made minor revisions to, the Salary Rate Limitation clause in 352.23170.
HHS added the following coverage in Part 339 for information technologyrelated acquisition:
A new subpart, 339.70, to address the use of General Services
Administration Blanket Purchase Agreements for the acquisition of independent risk analysis services, and
A new subpart 339.1 that provides standards for security
configuration, encryption, and information security.
HHS revised the coverage in Part 333 related to internal handling of
protests to specify revised legal review, concurrence, and approval
procedures related to protests to HHS and the Government Accountability Office before and after award.
HHS added language in section 319.2701 concerning use of the mentorprotege program in HHS.
HHS added a new subpart 322.8 to provide a contract clause regarding contractor cooperation in equal employment opportunity investigations.
HHS added a new subpart 370.6 to provide guidance, including a contract clause, concerning conference funding, sponsorship, and disclaimers.
HHS added a new subpart 370.7 to provide a solicitation provision
and a contract clause to be used (i) in connection with the
implementation of HIV/AIDS programs under the President's Emergency
Plan for AIDS Relief; or (ii) when the contractor will receive funding
under the United States Leadership Against HIV/AIDS, Tuberculosis and Malaria Act of 2003.
[[Page 62398]]
III. Procedural Review Requirements
A. Executive Order 12866, Regulatory Planning and Review
It has been determined that this revision of the HHSAR is not a significant regulatory action. The rule does not
(1) Have an annual effect on the economy of $100 million or more or
adversely affect, in a material way, the economy; a section of the
economy; productivity; competition; jobs; the environment; public
health or safety; or State, local, or Tribal governments or communities;
(2) Create a serious inconsistency or otherwise interfere with an action taken or planned by another Agency;
(3) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in Executive Order 12866.
B. Unfunded Mandates Reform Act [2 U.S.C. 1501(7)]
It has been certified that this revision of the HHSAR does not contain a Federal mandate that may result in the expenditure by State, local, and Tribal governments, in aggregate, or by the private sector, of $100 million or more in any one year.
C. Regulatory Flexibility Act (5 U.S.C. 601)
The Regulatory Flexibility Act requires that a Federal agency prepare a regulatory flexibility analysis for any rule for which the agency is required to publish a general notice of rulemaking. This rule consists of a general statement of policies and procedures and amends HHS regulations for contracts. Each part of today's direct final rule is exempt from the requirement to publish a general notice of proposed rulemaking under the Administrative Procedure Act, 5 U.S.C. 553(a)(2). Therefore, the Regulatory Flexibility Act does not apply to this rulemaking.
D. Paperwork Reduction Act (44 U.S.C. 35)
It has been determined that this rule does not impose any reporting or recordkeeping requirements under the Paperwork Reduction Act beyond those provided in the FAR.
E. Small Business Regulatory Enforcement Fairness Act
As required by the Small Business Regulatory Enforcement Fairness Act, 5 U.S.C. 801, HHS has determined that this rule is not a major rule under 5 U.S.C. 801(2).
F. Executive Order 12988, Civil Justice Reform
Each agency promulgating new regulations shall adhere to the
following requirements: The agency's proposed regulations shall (1) be
reviewed by the agency to eliminate drafting errors and ambiguity; (2)
be written to minimize litigation; (3) provide a clear legal standard
for affected conduct rather than a general standard, and (4) promote
simplification and burden reduction. HHS determined that this rule meets these standards.
List of Subjects in 48 CFR Chapter 3, Parts 301370
Government procurement.
For the reasons stated in the preamble, HHS revises 48 CFR Chapter 3, parts 301 through 370, to read as follows:
Title 48Federal Acquisition Regulations System
CHAPTER 3HEALTH AND HUMAN SERVICES
SUBCHAPTER AGENERAL
PART 301HHS ACQUISITION REGULATION SYSTEM
PART 302DEFINITIONS OF WORDS AND TERMS
PART 303IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST
PART 304ADMINISTRATIVE MATTERS
SUBCHAPTER BCOMPETITION AND ACQUISITION PLANNING
PART 305PUBLICIZING CONTRACT ACTIONS
PART 306COMPETITION REQUIREMENTS
PART 307ACQUISITION PLANNING
PART 308REQUIRED SOURCES OF SUPPLIES AND SERVICES
PART 309CONTRACTOR QUALIFICATIONS
PART 310MARKET RESEARCH
PART 311DESCRIBING AGENCY NEEDS
PART 312ACQUISITION OF COMMERCIAL ITEMS
SUBCHAPTER CCONTRACTING METHODS AND CONTRACT TYPES
PART 313SIMPLIFIED ACQUISITION PROCEDURES
PART 314SEALED BIDDING
PART 315CONTRACTING BY NEGOTIATION
PART 316TYPES OF CONTRACTS
PART 317SPECIAL CONTRACTING METHODS
SUBCHAPTER DSOCIOECONOMIC PROGRAMS
PART 319SMALL BUSINESS PROGRAMS
PART 322APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
PART 323ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUGFREE WORKPLACE
PART 324PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION
SUBCHAPTER EGENERAL CONTRACTING REQUIREMENTS
PART 327PATENTS, DATA, AND COPYRIGHTS
PART 328BONDS AND INSURANCE
PART 330COST ACCOUNTING STANDARDS
PART 331CONTRACT COST PRINCIPLES AND PROCEDURES
PART 332CONTRACT FINANCING
PART 333PROTESTS, DISPUTES, AND APPEALS
SUBCHAPTER FSPECIAL CATEGORIES OF CONTRACTING
PART 334MAJOR SYSTEM ACQUISITION
PART 335RESEARCH AND DEVELOPMENT CONTRACTING
PART 337SERVICE CONTRACTINGGENERAL
PART 339ACQUISITION OF INFORMATION TECHNOLOGY
SUBCHAPTER GCONTRACT MANAGEMENT
PART 342CONTRACT ADMINISTRATION
SUBCHAPTER HCLAUSES AND FORMS
PART 352SOLICITATION PROVISIONS AND CONTRACT CLAUSES
PART 353FORMS
SUBCHAPTERS I, J, K AND L ARE RESERVED
SUBCHAPTER MHHS SUPPLEMENTATIONS
PART 370SPECIAL PROGRAMS AFFECTING ACQUISITION
SUBCHAPTER AGENERAL
PART 301HHS ACQUISITION REGULATION SYSTEM
Subpart 301.1Purpose, Authority, and Issuance
Sec.
301.101 Purpose.
301.103 Authority.
301.106 Office of Management and Budget Approval under the Paperwork Reduction Act.
[[Page 62399]]
Subpart 301.2Administration
301.270 Executive Committee for Acquisition.
Subpart 301.4Deviations From the FAR
301.403 Individual deviations.
301.404 Class deviations.
301.470 Procedure.
Subpart 301.6Career Development, Contracting Authority, and Responsibilities
301.602 Contracting Officers.
301.6023 Ratification of unauthorized commitments.
301.603 Selection, appointment, and termination of appointment of Contracting Officers.
301.6031 General.
301.6032 Selection and appointment.
301.6033 Interim appointments.
301.6034 Termination of appointments.
301.60370 Delegation of Contracting Officer responsibilities. 301.60371 Waivers to warrant standards.
301.60372 FACC and HHS SAC certification requirements.
301.60373 Additional HHS training requirements.
301.60374 Requirement for retention of FACC and HHS SAC
certification.
301.604 Training and certification of Contracting Officers' Technical Representatives.
301.60470 General.
301.60471 HCA authorities and responsibilities.
301.60472 Requirements for certification maintenance.
301.60473 Certification policy exception.
301.60474 Additional COTR training requirements.
301.605 Contracting Officer designation of Contracting Officer Technical Representative.
301.606 Training requirements for Project Officers.
301.60670 General.
301.60671 Project Officer training.
301.60672 Delegation of authority to HCAs.
301.60673 Training policy exception.
301.60674 Additional Project Officer training requirements. 301.607 Certification of Program and Project Managers.
301.60770 General.
301.60771 FACP/PM levels and requirements.
301.60772 Applicability.
301.60773 Certification waivers.
301.60774 Certification transfers.
301.60775 Maintenance of FACP/PM certification.
301.60776 FACP/PM application process.
301.60777 Input and maintenance of FACP/PM information.
301.60778 Governance.
301.60779 Contracting Officer designation of a Program/Project
Manager as the Contracting Officer's Technical Representative.
301.608 Training Requirements for Purchase Cardholders, Approving Officials, and Agency/Organization Program Coordinators.
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Subpart 301.1Purpose, Authority, and Issuance
301.101 Purpose.
(a) The Department of Health and Human Services (HHS) Acquisition
Regulation (HHSAR) establishes uniform HHS acquisition policies and
procedures that conform to the Federal Acquisition Regulation (FAR) System.
(b) The HHSAR implements FAR policies and procedures and provides
additional policies and procedures that supplement the FAR.
(c) The HHSAR contains HHS policies and procedures that govern the
acquisition process or otherwise control acquisition relationships between HHS' contracting activities and contractors.
301.103 Authority.
(b) The Assistant Secretary for Financial Resources (ASFR)
prescribes the HHSAR under the authority of 5 U.S.C. 301 and section
205(c) of the Federal Property and Administrative Services Act of 1949,
as amended (40 U.S.C. 486(c), as delegated by the Secretary.
(c) The HHSAR is issued in the Code of Federal Regulations (CFR) as
Chapter 3 of Title 48, Department of Health and Human Services
Acquisition Regulation. It may be referenced as ``48 CFR Chapter 3.''
301.106 Office of Management and Budget approval under the Paperwork Reduction Act.
(a) The Paperwork Reduction Act of 1980 (44 U.S.C 3501 et seq.)
imposes a requirement on Federal agencies to obtain approval from the
Office of Management and Budget (OMB) before collecting the same information from 10 or more members of the public.
(b) The following OMB control numbers apply to the information
collection and recordkeeping requirements contained in this chapter:
OMB control
HHSAR segment No. No.
315.4...................................................... 09900139
342.7101................................................... 09900131
352.23370................................................. 09900133
352.2701.................................................. 09900129
352.2702.................................................. 09900129
352.2703.................................................. 09900129
352.2705.................................................. 09900130
352.2708.................................................. 09900128
352.2709.................................................. 09900128
370.1...................................................... 09900129
370.2...................................................... 09900129
(c) The Contracting Officer shall insert the clause in 352.20170,
Paperwork Reduction Act, in solicitations, contracts, and orders that
include a requirement to collect the same information from 10 or more persons.
Subpart 301.2Administration
301.270 Executive Committee for Acquisition.
(a) The Associate Deputy Assistant Secretary for Acquisition
(Associate DAS for Acquisition) has established the Executive Committee
for Acquisition (ECA) to facilitate the planning, development, and
implementation of HHS acquisition policies and procedures and to share successful acquisition practices.
(b) The ECA consists of members and alternates from the following organizations:
(1) ASFR/Office of Grants and Acquisition Policy and Accountability (OGAPA)/Division of Acquisition (DA).
(2) Agency for Healthcare Research and Quality (AHRQ).
(3) Biomedical Advanced Research and Development Authority (BARDA). (4) Centers for Disease Control and Prevention (CDC).
(5) Centers for Medicare and Medicaid Services (CMS).
(6) Food and Drug Administration (FDA).
(7) Health Resources and Services Administration (HRSA). (8) Indian Health Service (IHS).
(9) National Institutes of Health (NIH).
(10) Program Support Center (PSC).
(11) Substance Abuse and Mental Health Services Administration (SAMHSA).
(c) The Associate DAS for Acquisition is the Chair of the ECA. The
Chair will call all meetings and direct all ECA activities. Subpart 301.4Deviations From the FAR
301.403 Individual deviations.
Contracting activities shall prepare requests for individual deviations to either the FAR or HHSAR in accordance with 301.470. 301.404 Class deviations.
Contracting activities shall prepare requests for class deviations to either the FAR or HHSAR in accordance with 301.470.
301.470 Procedure.
(a) Contracting activities shall prepare deviation requests in
memorandum form and forward them through the Head of the Contracting
Activity (HCA) to the Associate DAS for Acquisition. The Associate DAS
for Acquisition (nondelegable) is the official authorized to approve all deviation requests.
[[Page 62400]]
Contracting activities may request a deviation telephonically or by e
mail in an exigent situation, but shall confirm the request by memorandum as soon as possible.
(b) A deviation request shall clearly set forth the
(1) Nature of the deviation, including what contract(s)/ contractor(s) is involved;
(2) Identification of the FAR or HHSAR citation from which the deviation is needed;
(3) Circumstances under which the deviation will be used; (4) Intended effect of the deviation;
(5) Period of applicability;
(6) Rationale for the deviation (Note: The Contracting Officer
shall include a copy of pertinent background papers, such as a
contractor's request, as part of the deviation request.); and
(7) Suggested wording for the deviation, if applicable.
Subpart 301.6Career Development, Contracting Authority, and Responsibilities
301.602 Contracting Officers.
301.6023 Ratification of unauthorized commitments.
(b) Policy.
(1) The Government is not bound by agreements with, or contractual
commitments made to, prospective contractors by individuals who do not
have delegated contracting authority. However, an authorized official
may later ratify and execute otherwise proper contracts that were made
by individuals without contracting authority or by Contracting Officers
in excess of their delegated authority. The ratification shall be in
the form of a written document that clearly states that ratification of a previously unauthorized act is intended.
(2) The HCA is the official authorized to ratify an unauthorized commitmentbut see paragraph (b)(3) of this section.
(3) The HCA may redelegate ratification authority for actions up to
$100,000 to the Chief of the Contracting Office (CCO). No other redelegations are authorized.
(c) Limitations.
(5) The concurrence of legal counsel concerning an unauthorized
commitment is optional. If a contracting activity determines that a
legal review is necessary, the HCA or CCO shall coordinate the request
for ratification with the Office of General Counsel (OGC), General Law Division (GLD).
(e) Procedures.
(1) The individual who is responsible for the unauthorized
commitment shall provide the reviewing Contracting Officer all records
and documents concerning the commitment and a complete written
statement of facts, including a description of the requirement; the
estimated or agreed upon price; the funds citation; an explanation of
why the contracting office was not used and why the proposed contractor
was selected; a list of other sources considered; and a statement as to
whether the contractor has commenced work or an item has been delivered.
(2) The Contracting Officer shall review the submitted material
and, if the Contracting Officer determines that the ratification
request has merit, prepare it for ratification. The Contracting Officer
shall forward the ratification document and related materials to the
HCA or CCO, as appropriate, with any comments or information which the
approving official should consider in evaluating the ratification request.
(3) If the HCA or CCO approves the ratification request, the
Contracting Officer shall issue a purchase order or contract, as
appropriate, upon return of the approved ratification document and file.
301.603 Selection, appointment, and termination of appointment of Contracting Officers.
301.6031 General.
(a) The HCA (nondelegable) shall select, appoint, and terminate
the appointment of Contracting Officersi.e., those individuals who
are authorized to obligate the Government to the expenditure of funds
for contracts and orders with dollar values that exceed (or are
expected to exceed) the micropurchase threshold. The procedures for
selecting and appointing Contracting Officers apply to HHS employees.
HCAs may not issue HHS Contracting Officer warrants to contractor
personnel. OPDIVs shall follow local procedures in the event that the
signature of another authorized official, in addition to that of the
HCA, is required to appoint or terminate the appointment of Contracting Officers.
(b) The HCA shall use Standard Form (SF) 1402, ``Certificate of
Appointment,'' (also known as a warrant) to appoint personnel, whether
in the General Schedule (GS) 1102 series or other series, as
Contracting Officers. The SF 1402 shall indicate the Contracting
Officer's warrant leveli.e., maximum dollar signature authority
(e.g., $1 million or ``unlimited'') and any other limitations or
restrictions. The HCA shall make changes to a Contracting Officer
appointment (other than a termination of an appointment as provided in
301.6034) by issuing a revised SF 1402. FAR 1.6031 prescribes the
requirements for preparing and maintaining Contracting Officer warrants.
(c) Before an HCA may appoint an individual as a Contracting
Officer, the individual must be certified in accordance with either the
Federal Acquisition Certification in Contracting (FACC) program or the
HHS Simplified Acquisition Certification (SAC) program, as appropriate,
at the level required for the warrant authority requested. See 301.603
72 and the HHS Contracting Workforce Training and Certification Handbook.
(d) The dollar amount of an individual transaction determines
whether a Contracting Officer has the authority to sign it in
accordance with the delegated authority specified on the SF 1402. For
new or followon awards, the dollar amount of an individual transaction
is the amount obligated at the time of contract or order award plus any
potential option amounts or future funding amounts established by the
transaction. However, under an existing contract or order, when an
option is subsequently exercised or a contact or order is otherwise
modified to add funding, the dollar amount of the modification
(individual transaction) determines whether a Contracting Officer has the necessary delegated authority to sign it.
(e) For individuals that will exercise acquisition authorities
(other than solely purchase card authorities) at or below the micro purchase threshold, the HCA may
(1) Use a document other than the SF 1402, such as a memorandum,
that indicates a maximum dollar signature authority for individual transactions; and
(2) Determine training requirements for individuals who will
exercise acquisition authorities at dollar levels below the micro purchase threshold level.
301.6032 Selection and appointment.
Contracting activities shall provide nominations for appointment of
Contracting Officers through appropriate acquisition channels to the
HCA for review. The HCA shall appoint an individual as a Contracting
Officer only when a valid organizational need is demonstrated and after
considering such factors as volume of actions, complexity of work, and
structure of the requesting organization. The HCA shall also ensure
that a Contracting Officer candidate meets the FACC or HHS SAC certification requirements, as
[[Page 62401]]
appropriate. Consistent with FAR 1.6032, the HCA shall determine the
documentation required when the requested appointment and authority will not exceed the micropurchase threshold.
301.6033 Interim appointments.
If it is essential to appoint an individual as a Contracting Officer who does not yet fully meet the FACC or HHS SAC certification requirements for the signature authority sought, the HCA (non delegable) may make an interim appointment for up to 2 years. If an extension of time has been granted, but the individual does not complete the certification requirements by the extended date, the HCA's approval for the interim appointment will automatically terminate on that date.
301.6034 Termination of appointments.
The HCA shall terminate or revoke Contracting Officer appointments in accordance with FAR 1.6034.
301.60370 Delegation of Contracting Officer responsibilities.
(a) Contracting Officers may redelegate their acquisition
responsibilities that do not involve the obligation or deobligation of
funds, but involve the expenditure of previously obligated funds (such
as approval of contractor scientific meeting travel and subcontract
consent) to acquisition staff (for example, those in the GS1100
series) by means of a written memorandum that clearly delineates the
delegation and its limits. See 301.604 for responsibilities that Contracting Officers may delegate to technical personnel.
(b) Contracting Officers may designate individuals as ordering or
approving officials to make purchases or place/approve orders under
blanket purchase agreements (BPAs), indefinitedelivery, indefinite
quantity (IDIQ) contracts, or other preestablished mechanisms. Ordering officials are not Contracting Officers.
301.60371 Waivers to warrant standards.
There may be an unusual circumstance that requires issuance of a
warrant to an individual who does not fully meet the FACC or HHS SAC
certification program requirements. Contracting activities shall
provide any request for a waiver of the FACC program requirements and
policies in writing to the Senior Procurement Executive (SPE), through
the HCA, for review and approval. The SPE (nondelegable) will either
approve or disapprove in writing the request for waiver. The HCA (non
delegable) may approve or disapprove a waiver of the HHS SAC program requirements.
301.60372 FACC and HHS SAC certification requirements.
(a) The FACC certification program is available to all acquisition
staff who are/will be involved as Contracting Officers or Contract
Specialists in acquisitions exceeding the simplified acquisition
threshold. Personnel who, as part of prior certification programs, have
completed some or all of the required training or have attained
certification thereunder are not required to retake training courses,
but shall follow FACC training requirements when considering
additional or required core training, if needed. See 301.60374 for
information regarding retention of certification, including the
requirement to earn continuous learning points (CLPs). FACC certification also does not apply to
(1) The SPE;
(2) Senior level officials responsible for delegating acquisition authority;
(3) Personnel who are not in the GS1102 series whose warrants are used to acquire emergency goods and services; or
(4) Personnel who are not in the GS1102 series whose warrants are
so limited as to be outside the scope of this program, as determined by
the Chief Acquisition Officer (CAO). (Note: The HHS CAO has determined
that individuals with warrants which are limited to simplified
acquisitions are deemed to be outside the scope of the FACC program.)
(b) HHS does not require personnel with Contracting Officer
warrants issued prior to January 1, 2007 to be FACC certified unless
they are seeking a change in authority on or after that date.
Individuals applying for a new Contracting Officer warrant or an
increase in warrant authority on or after January 1, 2007, regardless
of GS series, must be FACC certified at the level appropriate for the
warrant authority sought. To obtain an unlimited warrant, FACC Level
III certification is required. (Note: New Contracting Officer warrants
are defined in the Office of Federal Procurement Policy's (OFPP's) FAC
C memorandum, dated January 20, 2006, as warrants issued to employees for the first time at a department or agency.)
(c) The FACC certification is based on three sets of requirements:
Education, training, and experience, and the requirements are
cumulativei.e., an individual must meet the requirements of each
previous certification level before attaining a higher level
certification. The FACC certification requirements, including
additional HHSspecific training requirements for certain types of
acquisitions, are specified in the HHS Contracting Workforce Training and Certification Handbook.
(d) HHS SAC certification is based on three sets of requirements:
Training, experience, and satisfactory performance rating. Personnel
who are involved in the award of simplified acquisitions must meet the
appropriate HHS SAC certification requirements. (Note: While personnel who are FACC certified are not required to obtain HHS SAC
certification in order to award simplified acquisitions, they should
obtain appropriate training before doing so.) The HHS SAC certification
requirements, including additional HHSspecific training requirements
for certain types of acquisitions, are specified in the HHS Contracting Workforce Training and Certification Handbook.
301.60373 Additional HHS training requirements.
HHS acquisition personnel are required to complete, as applicable,
the additional training requirements specified below. These courses may
be used as electives for the purpose of satisfying FACC requirements or as continuous learning for maintenance of FACC or SAC
certifications.
(a) Earned value management training. Effective January 1, 2010,
all personnel in the GS1102 series who are responsible for, or may
become responsible for, the award or administration of any contract to
which earned value management (EVM) is applied pursuant to 334.201(a)
or (b) must successfully complete an EVM training course before they
commence administration of the contract or are authorized to award the
contract. After completion of the initial course, a refresher course is
required every 2 years. This course is in addition to the training
requirements for FACC certification at the specified levels.
Determination of course suitability shall be made by the Operating
Division (OPDIV) HCA, in conjunction with HHS' Office of the Chief
Information Officer (OCIO) or Office of Facilities Management and
Policy (OFMP), as appropriate. To be eligible, the basic and refresher courses must each be 8 hours or more in length.
(b) Performance based acquisition training. Effective January 1,
2010, all GS1102s, who award or administer service contracts, are
required to complete a PerformanceBased Acquisition (PBA) course prior
to assuming such responsibilities. Refresher training in PBA is required
[[Page 62402]]
every 4 years. To be eligible, a course must be 8 hours or more in
length. Determination of course suitability shall be made by the HCA.
(c) Federal appropriations law training. Effective January 1, 2010, all GS1102s and GS1105s are required to complete both HHS
University's classroombased and online Federal appropriations law
course, by January 1, 2011 (for current employees) and within 1 year of
entering on duty (for new employees). Employees are required to take
the HHS University online course as refresher training every year.
Determination of course equivalency shall be made by the HCA.
(d) Green purchasing training. Effective January 1, 2010, all GS
1102s and GS1105s are required to complete green purchasing training
by January 1, 2011 (for current employees) and within 1 year of
entering on duty (for new employees). Refresher training is required
every 2 years. To be eligible, a course must be 4 hours or more in
length. Determination of course suitability shall be made by the HCA.
(e) Section 508 training. Effective January 1, 2010 (or when the
HHS Office on Disability so requires), all GS1102s, GS1105s, and GS
1106s who award or administer acquisitions that exceed the micro
purchase threshold and involve electronic information technology (EIT)
products or services (subject to Section 508 of the Rehabilitation Act
of 1973 and pertinent HHSAR provisions), must complete all applicable
training courses sponsored by the HHS Office on Disability. For
information on frequency, timing, and duration of the training
requirement, personnel shall consult with the HHS Office on Disability. (f) Training policy exceptions.
(1) EVM training. In the event that there is an urgent requirement
for a Contracting Officer/Contract Specialist to award or administer a
project to which EVM will be applied, and the individual has not yet
met the EVM training requirement, the HCA (nondelegable) may authorize
the individual to perform the position duties, provided that the
individual meets the training requirement within 9 months from the date
of assignment to the contract. If the individual does not complete the
training requirement within 9 months, the HCA's approval for the
individual's assignment to the contract will automatically terminate on
that date. The Contract Specialist is not required to take the class as
long as the Contract Specialist is working under the direction of a Contracting Officer who has taken an EVM course.
(2) Other additional HHS training. The HCA (nondelegable) may
grant a time extension of up to 9 months to an individual to complete
the PBA, Federal appropriations law, green purchasing, and Section 508
training requirements, including completion of refresher training. If
the individual does not complete the training requirement within the
extension period, the HCA's approval will automatically terminate on that date.
301.60374 Requirement for retention of FACC and HHS SAC
certification.
To maintain FACC certification, all warranted Contracting
Officers, regardless of series, as well as Contract Specialists, must
earn 80 CLPs every 2 years. To maintain HHS SAC certification, all
individuals with delegated Contracting Officer authority, including
those in the GS1102, GS1105, GS1106, and non1100 series, must earn
a minimum of 40 hours (CLPs) every 2 years after completing all
mandatory training requirements. FACC and HHS SAC certification will
expire if the CLPs are not earned every 2 years (from the date of
initial certification or recertification) and, if applicable, may
result in a loss of warrant authority. (Note: The certification
programs' continuous learning requirement applies to all applicable
personnel, including those who were certified under prior certification programs.)
301.604 Training and certification of Contracting Officers' Technical Representatives.
301.60470 General.
In accordance with the Federal Acquisition Certification for
Contracting Officers' Technical Representatives (FACCOTR) program, HHS
has established a training program for certification and designation of
personnel as COTRssee HHS' Federal Acquisition Certification for
Contracting Officers' Technical Representative Program Handbook, dated
January 2009, for information on the methods for earning FACCOTR
certification. See also 302.101(c) for further information regarding
the definition of a COTR and when designation of a COTR is appropriate. All references to COTRs also apply to their alternates.
301.60471 HCA authorities and responsibilities.
(a) HCAs are authorized to determine (1) equivalencies for the
Basic Contracting Officer's Technical Representative Course; (2) course
prerequisites; and (3) approve completion of CLP continuous learning
activities, education, and training for maintenance of COTR
certification. This authority does not apply to EVM trainingsee
301.60373. Course equivalencies must meet the Federal Acquisition
Institute's (FAI's) required COTR competencies. HCAs may redelegate
the authorities in (1) and (2) to OPDIV Acquisition Career Managers (ACMs) or other comparable officials.
(b) In addition to the authorities specified in 301.60471(a), HCAs
or their designees (except where the authority is shown as non delegable) are responsible for
(1) Reviewing a candidate's qualifications to be a COTR;
(2) Granting, suspending, denying, and revoking COTR certifications and their continuance;
(3) Authorizing (nondelegable) an individual to perform COTR
duties on an interim basis for up to 90 dayssee 301.60473; and
(4) Determining (nondelegable) on a casebycase basis whether to
postpone (for up to 90 days) withdrawal of any interim COTR delegation
for failure of a candidate to qualify for certificationsee 301.604 73.
301.60472 Requirements for certification maintenance.
Maintaining HHS FACCOTR certification requires at least 40
relevant CLPs every 2 years. See Appendix A of OFPP's FACCOTR
memorandum, dated November 26, 2007, and HHS' Federal Acquisition
Certification for Contracting Officers' Technical Representative
Program Handbook, dated January 2009, for information on CLPs. 301.60473 Certification policy exception.
(a) In the event that an individual who is not currently certified
under HHS' FACCOTR program is urgently required to serve as a COTR,
the head of the sponsoring program office (Program Manager) or designee
(e.g., the immediate supervisor) may request, and the HCA (non
delegable) may authorize, the individual to perform the designated
duties on an interim basis for up to 6 months, provided that
(1) The individual agrees to become certified during that period and provides evidence of training course registration; and
(2) Prior to assignment to the contract, the individual meets with
the cognizant Contracting Officer to discuss the role and specific
responsibilities of a COTR and the interrelationships, as applicable,
among the Project Officer, Contracting Officer, Program/Project Manager, and COTR functions.
(b) If an extension has been granted, but the individual does not complete
[[Page 62403]]
the training by the extended date, the HCA's approval for the
individual's assignment to the contract will automatically terminate on that date.
301.60474 Additional COTR training requirements.
HHS COTRs are required to complete, as applicable, the training requirements specified below.
(a) Earned value management training. Effective January 1, 2010,
all COTRs assigned to any contract to which EVM is applied pursuant to
334.201(a) or (b) must successfully complete an EVM training course
before assuming their COTR duties. In conjunction with ASFR/OGAPA/DA,
HHS' OCIO [for information technology (IT)] and OFMP (for construction/
facilities), are authorized to designate appropriate EVM courses. At least 8 hours of EVM training is required every 2 years.
(b) Performancebased acquisition training. Effective January 1,
2010, all COTRs assigned to a service contract are required to
successfully complete a PBA course. To be eligible, a course must be 8
hours or more in length. Determination of course suitability shall be
made by the HCA or designee. At least 8 hours of refresher training in PBA is required every 4 years.
(c) Federal appropriations law training. Effective January 1, 2010,
all COTRs are required to successfully complete HHS University's
classroombased or online Federal appropriations law course within 3
years after an initial certification is issued. COTRs are required to
take the HHS University online appropriations law course as refresher training every 4 years.
(d) Green purchasing training. Effective January 1, 2010, all COTRs
are required to complete green purchasing training within the first
certification period. The individual's immediate supervisor shall make
the determination of course suitability. At least 4 hours of refresher training is required every 4 years.
(e) Training policy exceptions.
(1) EVM training. In the event that there is an urgent requirement
for a COTR to administer a contract to which EVM will be applied, and
the individual has not yet met the EVM training requirement, the HCA
(nondelegable) may authorize the individual to perform the position
duties, provided that the individual meets the training requirement
within 9 months from the date of assignment to the contract. If the
individual does not complete the training requirement within 9 months,
the HCA's approval for the individual's assignment to the contract will
automatically terminate on that date. In addition, during any extension
period, the COTR must work under the direction of a COTR, or Program/ Project Manager who has taken an EVM course.
(2) Other additional HHS training. The HCA (nondelegable) may
grant a time extension of up to 9 months to a COTR to complete the PBA,
Federal appropriations law, and green purchasing training requirements,
including completion of refresher training. If the individual does not
complete the training requirement within the extension period, the HCA's approval will automatically terminate on that date.
301.605 Contracting Officer designation of Contracting Officer Technical Representative.
The Contracting Officer shall ensure that a COTR candidate is
currently certified under HHS' FACCOTR program before delegating
authority to that individual to act as a COTR. Even if an individual is
FACCOTRcertified, a candidate becomes a COTR only when a Contracting
Officer provides in writing the authorities the individual may exercise
for a specified contract or order. Authority for such designations
rests solely with the Contracting Officer. The Contracting Officer
shall retain in the contract or order file the individual's active FAC
COTR certificate. In the event that the HCA has granted an exception
see 301.60473, the Contracting Officer shall include the HCA's approval in the file.
301.606 Training requirements for Project Officers.
301.60670 General.
HHS has established a program for training personnel for certification and designation as Project Officers. See 302.101(g) for further information regarding the definition of a Project Officer and when designation of a Project Officer is appropriate. All references to Project Officers also apply to their alternates. Program Managers or their designees are authorized to designate individuals to serve as Project Officers. (Note: If an individual will also serve as the COTR for a proposed project, the individual shall comply with the training certification requirements for COTRssee 301.604.)
301.60671 Project Officer training.
Before an individual may perform the duties of a Project Officer,
including development of an Acquisition Plan (AP) or other acquisition
request documentationsee 307.71, for a proposed project, the Program
Manager or designee shall designate an individual as a Project Officer
in writing by means of a memorandum to the Project Officer candidate
with a copy to the cognizant Contracting Officer. A Project Officer
must successfully complete HHS University's Basic Contracting Officer's
Technical Representative Course or equivalent and any OPDIVspecific
course prerequisites. The Project Officer must provide a course
completion certificate to the Contracting Officer with any AP or other
acquisition request documentation submitted. See HHS guidance on the training requirement for technical proposal evaluators in
315.305(a)(3)(ii).
301.60672 Delegation of authority to HCAs.
HCAs are authorized to determine equivalencies for the Basic
Contracting Officer's Technical Representative Course and any OPDIV
specific course prerequisites. This authority may be redelegated to OPDIV acquisition ACMs or other comparable officials.
301.60673 Training policy exception.
(a) In the event that an individual who has not successfully
completed the required training course is urgently required to serve as
a Project Officer, the Program Manager or designee may authorize the
individual to perform the designated duties on an interim basis for up to 6 months, provided that
(1) The individual agrees to take the Basic Contracting Officer's
Technical Representative course during that period and provides evidence of course registration; and
(2) The individual meets, prior to assignment to the project, with
the cognizant Contracting Officer to discuss the specific role and
responsibilities of a Project Officer and the interrelationships, as
applicable, among the Project Officer, Contracting Officer, Program/ Project Manager, and COTR functions.
(b) If an extension of time has been granted, but the individual
fails to complete the training by the extended date, the Program
Manager's or designee's approval for the individual's assignment to the project will automatically terminate on that date.
301.60674 Additional Project Officer training requirements.
HHS Project Officers are required to complete, as applicable, the training requirements specified below.
(a) Earned value management training. All Project Officers assigned
to any contract project to which EVM is applied pursuant to 334.201(a) or (b) must successfully complete an EVM
[[Page 62404]]
training course before assuming their Project Officer duties. In
conjunction with ASFR/OGAPA/DA, HHS' OCIO (for IT) and OFMP (for
construction/facilities) are authorized to designate appropriate EVM courses.
(b) Performancebased acquisition training. Effective January 1,
2010, all Project Officers assigned to a service contract are required
to successfully complete a PBA course. To be eligible, a course must be
8 hours or more in length. Determination of course suitability shall be
made by the HCA or designee. At least 8 hours of refresher training in PBA is required every 4 years.
(c) Federal appropriations law training. Effective January 1, 2010,
all Project Officers are required to successfully complete HHS
University's classroombased or online Federal appropriations law
course. Project Officers are required to take the HHS University on
line appropriations law course as refresher training every 4 years.
(d) Green purchasing training. Effective January 1, 2010, all
Project Officers are required to complete green purchasing training.
The individual's immediate supervisor shall make the determination of
course suitability. At least 4 hours of refresher training is required every 4 years.
(e) Training policy exceptions.
(1) EVM training. In the event that there is an urgent requirement
to assign a Project Officer to a contract project to which EVM will be
applied, and the individual has not yet met the EVM training
requirement, the HCA (nondelegable) may authorize the individual to
perform the position duties, provided that the individual meets the
training requirement within 3 months from the date of submission of the
AP or other acquisition request documentation to the contracting
office. If the individual does not complete the training requirement
within the extension period, the HCA's approval for the individual's
assignment to the project will automatically terminate on that date. In
addition, during any extension period, the Project Officer must work
under the direction of a Project Officer, COTR, or Program/Project Manager who has taken an EVM course.
(2) Other additional HHS training. The HCA (nondelegable) may
grant a time extension of up to 9 months to a Project Officer to
complete the PBA, Federal appropriations law, and green purchasing
training requirements, including completion of refresher training. If
the individual does not complete the training requirement within the
extension period, the HCA's approval will automatically terminate on that date.
301.607 Certification of Program and Project Managers.
301.60770 General.
In accordance with the Federal Acquisition CertificationProgram
and Project Managers (FACP/PM) program, HHS has established a
certification program for Program or Project Managers. See HHS' Federal
Acquisition CertificationProgram and Project Managers Handbook (P/PM
Handbook) for information on the methods for earning FACP/PM certification.
301.60771 FACP/PM levels and requirements.
(a)(1) The FACP/PM certification program specifies three different
levels of certification, depending on the core competency, training,
and experience required to manage different types of acquisitions (i) Entry/ApprenticeLevel I;
(ii) Midlevel/JourneymanLevel II; and
(iii) Senior/ExpertLevel III.
(2) Each FACP/PM certification level is independent of the
othersi.e., applicants for the Senior/Expert level need not have been
certified at the Midlevel/Journeyman or Entry/Apprentice levels.
General and specific core competencies, training, and required
experience vary by certification level. (Note: Individuals certified
under the FACP/PM program meet the general competency and experience
standards for P/PM certification. However, IT Program and Project
Managers should attain/demonstrate ITspecific P/PM requirements. See
Appendix C, Federal Acquisition CertificationProgram and Project
ManagersInformation Technology Technical Competencies, in the P/PM Handbook for additional information.
(b)(1) Competencies. An applicant can satisfy the competency requirements through:
(i) Successful completion of training;
(ii) Completion of comparable education or certification programs;
(iii) Demonstration of knowledge, skills, and abilities; or (iv) Any combination of these three.
(2) The FAI describes the following three sets of general core competencies on its Web site:
(3) General Business Competencies: Includes decisionmaking,
interpersonal skills, oral communication, teambuilding, and writing.
(4) Technical Competencies: Includes contracting, financial management, quality assurance, and risk management.
(5) Essential Competencies and Proficiencies: Includes management
processes, systems engineering, test and evaluation, contracting, and business.
(6) Specific core competencies also apply to the three certification levels. See Chapter 2, Federal Acquisition
CertificationProgram and Project ManagersRequirements and
Performance Accountability, in the P/PM Handbook for additional information.
(c) Training. (1) Suggested training includes coursework, varying from 1624 hours in duration, in:
(i) Acquisition;
(ii) Project management;
(iii) leadership and interpersonal skills;
(iv) Governmentspecific training; and
(v) Earned value management and cost estimating.
(2) The depth of the training for each course required may vary by certification level.
(d) Experience. Experience requirements vary by certification
level. For example, for certification at the Entry/ApprenticeLevel I,
at least 1 year of project management experience within the last 5
years is required. The Midlevel/JourneymanLevel II requires at least
2 years of program or project management experience within the last 5
years. The Senior/ExpertLevel III requires at least 4 years of
program and project management experience on Federal projects within the last 5 years.
(e) Additional OPDIV guidance. OPDIVs may issue supplemental
guidance and requirements for selection and assignment of Program and
Project Managers and require additional skills and competencies to meet
organizational or mission needs. However, OPDIVs may not reduce the requirements specified in the P/PM Handbook.
301.60772 Applicability.
(a) The FACP/PM certification prerequisites and continuous
learning requirements apply to all HHS employees who seek to obtain a
FACP/PM certification. Although obtaining a FACP/PM certification
qualifies employees to serve as a Program or Project Manager, it does
not ensure their selection or designation as such. (Note: Contractors
and their employees are not eligible to be certified or to serve as Program or Project Managers.)
(b) Mandatory certification is limited to major and nonmajor IT
and construction capital investment acquisitions. Consistent with OFPP
guidance, HHS requires FACP/PM Level III certification for Program and [[Page 62405]]
Project Managers responsible for major IT and construction capital
investmentsi.e., those requiring preparation of an OMB Exhibit 300,
HHS Form 300, or equivalent. An individual must obtain FACP/PM Level
III certification within 1 year from the date of being assigned to such
a major capital investment. Also, HHS requires that an individual
obtain FACP/PM Level II or I certification for nonmajor IT and
constructioni.e., tactical or supporting, capital investments,
respectively, within 2 years from the date of being assigned to such a
nonmajor capital investment. See Appendix A, Federal Acquisition
CertificationProgram and Project ManagersHHS Projects and Programs
with Associated Certification Levels, in the P/PM Handbook for
additional information regarding major and nonmajor IT and
construction capital investments. FACP/PM certification for other
types of investments [e.g., advanced research and development (R & D)] is encouraged, but is not mandatory.
301.60773 Certification waivers.
(a) Waivers to certification requirements may be approved in
certain situations. Waivers for additional time to complete
certification requirements are not necessary for the first year
following an assignment to a major IT or construction capital
investment and for 2 years following an assignment to a nonmajor
capital investment. For waivers beyond those periods (for up to 1
additional year), the HHS Chief Information Officer (CIO) (for IT
programs and projects) and the Deputy Assistant Secretary for
Facilities Management and Policy (DASFMP) (for construction programs
and projects) are delegated authority to approve waiver requests. The
HHS CAO is the only individual authorized to approve waiver requests
for additional time beyond the initial 1year waiver period.
(b) Approval of a waiver request does not relieve an individual
from meeting the certification requirements. Also, unlike FACP/PM
certifications, waivers issued by other Federal departments and
agencies do not transfer to HHS, since a waiver is agencyspecific. 301.60774 Certification transfers.
(a) HHS recognizes and accepts FACP/PM certifications issued by
other Federal departments and agencies. In addition, HHS complies with
FAI determinations as to which certifications by organizations outside
the Federal government are eligible for full or partial consideration
under FACP/PM. See FAI's Web site, and Chapter 3, Federal Acquisition CertificationProgram and Project ManagersApplication and
Certification Procedures, in the P/PM Handbook for additional information.
(b) A certification transfer should not be initiated when an
individual, who holds a current FACP/PM certification from another
Federal department or agency, becomes an HHS employee. Instead, the
individual must apply for recertification (which will result in
issuance of an HHS certification) at the time the candidate's immediate
supervisor performs the biannual assessment to determine whether the individual has met the HHS FACP/PM CLP requirements.
301.60775 Maintenance of FACP/PM certification.
(a) FACP/PM certification lasts for 2 years. To maintain FACP/PM
certification, HHS Program and Project Managers are required to earn 80
CLPs of skills currency every 2 years, starting from the date of their
initial certification or recertification, and document completion of
all training. If the required CLPs are not earned within each 2year
period, a FACP/PM certification will lapse. Lapsed certifications may be reinstated when 80 CLPs have been accumulated.
(b) Continuous learning activities related to FACP/PM include, but are not limited to
(1) Training activities, such as teaching, selfdirected study, and mentoring;
(2) Courses completed to achieve certification at the next higher level;
(3) Professional activities, such as attending/speaking/presenting
at professional seminars/symposia/conferences, publishing papers, and attending workshops;
(4) Educational activities, such as formal training and formal academic programs; and
(5) Experience, such as developmental or rotational assignments.
See Appendix F, Federal Acquisition CertificationProgram and Project ManagersGuidance on Meeting Requirements for Continuous Learning Points, in the P/PM Handbook for additional information. 301.60776 FACP/PM application process.
The P/PM Handbook contains application procedures and forms to be completed for basic certification; certification transfer; certification through fulfillment; recertification; and certification waiver. Applicants for HHS FACP/PM certification actions shall comply with the requirements and procedures specified in the P/PM Handbook and refer any questions to their OPDIV ACM for resolution.
301.60777 Input and maintenance of FACP/PM information.
FAI's Acquisition Career Management Information System (ACMIS) is HHS' system of record for the FACP/PM program. Program and Project Manager candidates and certified Program and Project Managers are responsible for entering, maintaining, and updating their FACP/PM training and CLP data in ACMIS. OPDIV ACMs shall periodically review ACMIS records for quality assurance purposes.
301.60778 Governance.
The Departmental ACM, in ASFR/OGAPA/DA, serves as the Departmental
FACP/PM Program Manager and is responsible for administering the program. To support the overall management of the FACP/PM
certification program at the OPDIV level, Executive Officers and their
HCAs may either use their existing ACM or designate an additional ACM,
whose professional background includes program and project management.
See Appendix B, Federal Acquisition CertificationProgram and Project
ManagersRoles and Responsibilities, in the P/PM Handbook for additional information.
301.60779 Contracting Officer designation of a Program/Project
Manager as the Contracting Officer's Technical Representative.
Personnel who are FACP/PM certified, at any level, meet the requirements for FACCOTR certification and are, therefore, not required to obtain FACCOTR certification to serve as a COTR for an HHS acquisition. However, for those individuals serving as a Program or Project Manager under a FACP/PM certification waiversee 301.60773, the Contracting Officer shall ensure that the individual meets the requirements of HHS' FACCOTR program before delegating authority to that individual to act as a COTR. See 301.605 for additional information regarding the Contracting Officer's designation of a COTR. 301.608 Training Requirements for Purchase Cardholders, Approving Officials, and Agency/Organization Program Coordinators.
Training requirements for purchase cardholders, Approving
Officials, and Agency/Organization Program Coordinators are listed in the following table:
[[Page 62406]]
HHS Purchase Card Training Program, by Authority Level
Required training
Authority \a\ Program participant \b\
Up to $3,000................ Prospective/newly Basic purchase card
appointed purchase training (HHS
cardholders and University course
Approving Officials. or an OPDIV
equivalent course).
Purchase card
FOR FURTHER INFORMATION CONTACT
Cheryl Howe, Procurement Analyst, U.S. Department of Health and Human Services, Office of the Assistant Secretary for Financial Resources, Office of Grants and Acquisition Policy and Accountability, Division of Acquisition, telephone (202) 6905552.