NOAA Acquisition Manual

Main Table of Contents

Subchapter A- General
 

Part 1330-1 National Oceanic and Atmospheric Administration Acquisition Manual

Subpart 1330-1.1 Purpose, Authority, Issuance

1330-1.101-70 Purpose

1330-1.103-70 Authority

1330-1.104-70 Applicability

1330-1.105 Issuance

1330-1.105-270 Arrangement of NOAA Acquisition Manual

Subpart 1330-1.3 Agency Acquisition Regulations

1330-1.304 Agency control and compliance procedures

Subpart 1330-1.5 Agency Participation

1330-1.501 Solicitation of agency views

Subpart 1330-1.6 Career Development, Contracting Authority, and Responsibilities

1330-1.602-2 Responsibilities

1330-1.602-3 Ratification of unauthorized commitments

1330-1.603-2 Selection

1330-1.670 Delegation of Procurement Authority to Field Delegates

1330-1.671 Responsibility of other Government Personnel



 

Part 1330-1 National Oceanic and Atmospheric Administration Acquisition Manual

Subpart 1330-1.1 Purpose, Authority, Issuance

1330-1.101-70 Purpose

The purpose of the National Oceanic and Atmospheric Administration (NOAA) Acquisition Manual is to prescribe NOAA policies to be followed in the acquisition of construction, supplies, and services. This policy supplements or implements the direction provided in the Federal Acquisition Regulation (FAR), the Department of Commerce (DOC) Commerce Acquisition Regulation (CAR), the Commerce Acquisition Manual (CAM), Office of Federal Procurement Policy (OFPP) policies, and other agency regulations, statutory requirements, and orders. This manual does not seek to duplicate the detailed content of other sources of formal policy. Where such detailed policy has specific relevance to matters implemented herein, the manual will reference the source.


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1330-1.103-70 Authority

The issuance of the NOAA Acquisition Manual is in accordance with FAR 1.301(a)(2); CAR 1301.301(b) and NOAA Administrative Order (NAO)208-1.

1330-1.104-70 Applicability

This document provides the acquisition policy established by the Senior Bureau Procurement Official (SBPO) for the procurement of construction, supplies, and services by NOAA AGO personnel. The policies set forth in the NOAA Acquisition Manual apply to all members of the NOAA acquisition team. The policies within the respective Parts indicate FAR, CAR, CAM, and other references. The user shall examine all relevant FAR, CAR, CAM, and other citations for any additional authorizations, restrictions, and policies that may be required.


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1330-1.105 Issuance

1330-1.105-270 Arrangement of NOAA Acquisition Manual
 

(b)(1)

A. The NOAA Acquisition Manual uses the same numbering system and arrangement used in the FAR and the CAR, except that the section or subsection being implemented is preceded with a 1330, the agency identification number assigned to NOAA, and a dash mark between 1330 and the number of the FAR section.

B. Where the NOAA Acquisition Manual implements the FAR it is numbered and captioned to correspond to the FAR. When the NOAA Acquisition Manual text implementing the FAR exceeds one paragraph, the text is numbered by skipping a level in the FAR 1.105-2(b) (2) prescribed numbering sequence. For example, two paragraphs implementing FAR 1.105-2(b) (1) are numbered 1330-1.105-2(b) (2) (A) and (B), rather than (2) (i) and (ii). Further subdivision of the NOAA implementing paragraphs would follow the prescribed sequence in FAR 1.105(b) (2).

C. In accordance with FAR 1.303, where there is no corresponding material in the FAR, Parts 70 and up are used by the NOAA Acquisition Manual. For example, the NOAA Acquisition Manual subsection 1.602-3 is numbered 1330-1.602-370. Supplemental text exceeding one paragraph is numbered using the FAR 1.105-2 (b)(2) prescribed numbering sequences.

D. Where the subject matter in the FAR requires no implementation, the NOAA Acquisition Manual contains no corresponding Part.

(b)(2) Subdivision numbering below the fourth level repeats the numbering sequence using italicized letters and numbers.


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Subpart 1330-1.3 Agency Acquisition Regulations

1330-1.304 Agency control and compliance procedures

(a)

1. The NOAA Acquisition Manual and related documents referenced in this Acquisition Manual are posted on the NOAA Acquisition and Grants Office web page.
 

2. The NOAA Acquisition Manual is a living document. Any improvements and changes shall be made in order to make this manual current, accurate, complete, and as easy to follow as possible. This includes incorporating new policies and procedures contained in Acquisition Alerts, Acquisition Instructions and NOAA’s Administrative Orders (NAOs).

3. The Senior Bureau Procurement Official (SBPO) provides direct oversight, control, and approval of proposed revisions.

Subpart 1330-1.5 Agency Participation

1330-1.501 Solicitation of agency views

(a)Views of agency personnel will be considered in formulating NOAA acquisition policies and procedures. Users may submit proposed revisions or identify any needs for clarification.

(b)Agency personnel shall submit written comments and suggestions directly to the point of contact for the Acquisition and Grants Office (AGO) Policy and Oversight Division (POD).


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Subpart 1330-1.6 Career Development, Contracting Authority, and Responsibilities

1330-1.602-2 Responsibilities

(a)(1)The contracting officer (CO) shall ensure that the program goals and objectives are the premise for any procurement. The CO's stewardship responsibilities to properly employ taxpayer money is important in balancing the mission and fiduciary duty. Finding the solution that accomplishes both responsibilities is the joint obligation of the program manager and the CO.

  1. Acquisitions are conducted in compliance with all requirements of law, executive orders, regulations, and all other applicable procedures, including clearances, approvals, and appropriation rules, and all actions and decisions are fully explained and documented.
  2. Contract files are complete and contain proper file documentation in accordance with the NOAA Contract File Checklist and no material discrepancies exist in contract file documents.

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(a)(2) Other than those activities that are reserved for the CO as evidenced by Standard Form (SF) 1402, Certificate of Appointment, the CO may assign contract specialists to perform acquisition activities, including creating and developing all pre-award and post-award documents, conducting due diligence with prospective contractors, conducting contract negotiations, and conducting all other interactions with the contractors, other Government agencies, agency personnel, agency clients, and stakeholders.

(a)(3) See 1330-32.703-170 for NOAA Acquisition Policy on fully funding purchase requisitions for contract awards, options, minimum guarantees and modifications applicable to firm fixed price, cost reimbursement, time-and-materials, and labor-hour contract actions.

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(d) COs shall use the required AGO template entitled Delegation and Appointment Memorandum: Instructions to the Contracting Officer's Representative for the delegation and appointment of the Contracting Officer’s Representative (COR) required under FAR 1.602-2(d), unless a waiver to the required template has been granted by the NOAA SBPO. The request for waiver to the required AGO template shall provide supporting details and be submitted through the AGO POD as an SBPO Review using the AGO Transmittal Memorandum Template.

(d)(2)COR Re-certification
  1. The AGO Staff Services Management Division (SSMD) processes COR re-certification for NOAA employees. See NOAA Federal Acquisition Certification (FAC)-COR Re-certification Procedures for more information.
  2. CORs shall request recertification by sending an application form to the FAC-COR Program Manager in the SSMD.
  3. CORs shall document all activities completed to earn the continuous learning points (CLPs) using the CLP Worksheet. Attach documentation to support the type of CLPs earned to the worksheet.
  4. The FAC-COR Program Manager shall inform the applicant and applicable Head of Contracting Office (HCO) and Line/Staff Office Acquisition Liaison by sending a signed Recertification Request Determined Unacceptable form that states submission of a new application package will be required when the applicant has completed the required CLPs.
  5. If the applicant has successfully substantiated that the 40 CLPs have been earned within the required 24-month period, the POD FAC-COR Program Manager will complete the endorsement in a Re-certification Request is Determined Acceptable and return the request form with the endorsement to the employee with a copy to the applicable HCO. The employee should retain the re-certification documentation with the original FAC-COR certificate to verify that the certification was properly maintained after issuance as required by OFPP and DOC.
  6. The employee’s failure to complete the required 40 CLPs or process the re-certification request within the applicable 24-month period will result in expiration of the FAC-COR certification. If the certification is allowed to expire, the employee will be required to submit a complete FAC-COR application package to apply for a new certification from DOC Office of Acquisition Management (OAM) under the then-current rules.
  7. CORs shall submit re-certification requests in sufficient time to be received by the SSMD FAC-COR Program Manager no later than 30 days prior to the scheduled expiration date of the certification.

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1330-1.602-3 Ratification of unauthorized commitments

(b)(1) Upon becoming aware of an unauthorized commitment, the CO shall investigate the circumstances and take corrective action. Unauthorized commitments are processed in accordance with CAM 1301.602 Section 3.


(b)(3) The SBPO has delegated the authority for the review and approval of the ratification of an unauthorized commitment not exceeding $500,000 to the HCOs for each Acquisition Division. Approval for a ratification of an unauthorized commitment exceeding this amount shall follow the delegated authority within CAM 1301.70, Department of Commerce Delegation of Contracting Authority, Appendix A, DOC FAR Functional Matrix.


(b)(4) Each HCO shall:

  1. Maintain a log of all ratification actions, which shows: (i) originator of the ratification action, (ii) originator’s organization, and (iii) description of what was acquired, the date, the amount, and (iv) current status information
  2. Provide a copy of the log to the SBPO no later than the 15th of the month on a quarterly basis in January, April, July, and October;
  3. Provide the Associate Administrator, and/or Deputy Associate Administrator (DAA) of NOAA Line Offices or Staff Office Directors with a report of cases of repetitive ratification actions by an individual or an organizational component; and
  4. Ensure proper advice and assistance is obtained from the DOC Office of The Assistant General Counsel for Finance and Litigation (OGC) Contract Law Division (CLD) as needed.

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1330-1.603-2 Selection

(e) The SSMD processes contracting officer’s certification and recertification for NOAA employees. See NOAA FAC-C Recertification Procedures for more information.

  1. Request recertification by sending an application, FAC-Contracting Recertification Request form, to the FAC-C Program Manager in the SSMD.
  2. Document all activities completed to earn the continuous learning points (CLPs) using the CLP Worksheet. Attach documentation to support the type of CLPs earned to the worksheet.
  3. If the applicant fails to do so within the required two-week time period, the SSMD FAC Program Manager will endorse the Recertification Request Determined Unacceptable form and return the request form to the applicant with a copy to the HCO (or the AGO Field Delegate Program Coordinator and Line/Staff Office Acquisition Liaison for Field Delegates).
  4. If the applicant has successfully substantiated that the 80 CLPs have been earned within the required 24-month period, the POD FAC Program Manager will endorse the Recertification Request is Determined Acceptable form and return the request form with the endorsement to the employee with a copy to the applicable HCO (or the AGO Field Delegate Program Coordinator if the employee is a Field Delegate). The employee should retain the recertification documentation with the original FAC-C certificate to verify that the certification was properly maintained after issuance as required by OFPP and DOC.
  5. Submit recertification requests in sufficient time to be received by the SMSD FAC-C Program Manager no later than 30 days prior to the scheduled expiration date of the certification.
  6. The employee’s failure to complete the required 80 CLPs within the applicable 24-month period will result in expiration of the FAC-C certification. An employee’s failure to process recertification request timely or in accordance with these procedures may likewise result in expiration of the FAC-C certification. If the certification is allowed to expire, the employee will be required to submit a complete FAC-C application package to apply for a new certification from OAM under the then-current rules.

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1330-1.670 Delegation of Procurement Authority to Field Delegates

(a) Appointment Authority

  1. In accordance with DOC DAO 208-2, the SBPO has been delegated authority to select and appoint contracting officers and terminate their appointments. Only fully qualified employees will be delegated the authority to obligate the Department in the expenditure of public funds through the acquisition system. A warranted individual is considered to hold an inherently governmental position as a result of their ability to bind the government; therefore, contractor personnel are not authorized to be issued a contracting officer warrant.
  2. The Head of the Contracting Activity (HCA) is a CO by virtue of their position. Other COs are appointed under FAR 1.603 and in accordance with DOC’s Contracting Certification and Warrant Program (CAM 1301.6). In accordance with that policy, the NOAA SBPO may delegate procurement authority to non-acquisition personnel known as Field Delegates (FDs) through the issuance of a contracting officer warrant. The dollar limit of each individual warrant will be established at the discretion of the SBPO.
  3. All NOAA Line and Staff Offices who wish to establish a FD in their organization or in which a FD is assigned shall comply with the requirements of this section, (CAM 1301.6), and Acquisition Instruction (AI) 17-03, Field Delegate Program.
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(b) Contracting Certification and Warrant Program

DOC’s Contracting Certification and Warrant Program (CAM 1301.6) establishes criteria for the selection, appointment, and termination of appointment of NOAA COs. Selection and appointment of FDs within NOAA will be determined based upon:

  1. The needs of the respective Line Office (LO)/Staff Office (SO) requisitioning office;
  2. Determination of workload;
  3. Fulfillment by the candidate of all education, experience, training, and career level professional certifications requirements set forth in CAM 1301.6;
  4. Completion of required specialized training pertaining to authority type requested (construction, service contracting, etc.);
  5. Maintenance of skills currency and FAC-C certification through continuing education or training as mandated in CAM 1301.6, Section 3.3.2.5, which requires 80 hours of continuous learning points to be earned every two years; and
  6. A statement from the nominee’s supervisor (1) attesting that the candidate is in full compliance with all the requirements and (2) recommending a CO warrant appointment.

(c) Length of Appointment

Generally, appointments do not expire unless otherwise annotated on the SF1402 warrant.

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(d) Field Delegate Nomination Criteria

Any (LO/SO) intending to nominate an individual as a FD (herein known as a “candidate”) shall first contact their respective Acquisition Liaison (AL) and Field Delegate Program Manager (FDPM) to obtain guidance on the various education, training, certification and other requirements that must be met before the proposed nominee can be warranted.  This discussion must address, at a minimum, how the candidate will meet the following core appointment criteria:

  1. Number of purchase orders to be executed per fiscal year (minimum of~15 required);
  2. Ability of candidate to work independently and exercise sound business judgement; and
  3. Ability of candidate to maintain “arms-length” separation from requirements officials while executing contracting duties and report any undue pressure.
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(e) Mandatory Experience and Education Requirements

In order to qualify for a contracting officer warrant, a FD nominee shall meet the minimum experience and education requirements specified in CAM 1301.6, Section 4, for a Level I warrant. Additionally, they must hold a FAC-C Level I certification to qualify for a warrant. Those certification requirements are set forth in CAM 1301.6, Section 3.

Candidates will utilize the Federal Acquisition Institute Training Application System (FAITAS) to document their education, experience, training, and continuous learning points required for initial and on-going certification under the Federal Acquisition Certification in Contracting (FAC-C) program.  All candidates and active FDs are responsible for the timely submission of Continuous Learning Point (CLP) requests and achievement requests in FAITAS to ensure CLP requirements are met.  Failure to meet continuous learning requirements shall result in the suspension or termination of the FD’s warrant.

As specified in CAM 1301.6, Section 3.9, all FAC-C applications will be completed using FAITAS per instructions provided in CAM 1301.6, Appendix F, FAC-C FAITAS Application Instructions, or as directed by the NOAA Bureau Certification Manager (BCM).  Candidates will also enter all certificates and other documentation of CLPs necessary to maintain their FAC-C into FAITAS per instructions provided in CAM 1301.6, Appendix G, FAC-C FAITAS Continuous Learning Submission Instructions, or as directed by the BCM.  Guidance on earning CLPs and assigning points to various developmental activities can be found in CAM 1301.6, Appendix E, Guidance on Meeting Continuous Learning Points.

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(f)  Processing Application for Field Delegate FAC-C Certification 

The BCM is the FAC-C process owner and is the authority for all matters involving certification.  All inquiries as to the FAC-C application and recertification process should be directed to the BCM as identified in FAITAS or other agency website.

 (g) Processing Field Delegate Warrant Request

  1. Prior to submission of the warrant request, the candidate must be FAC-C Level I certified and have completed the one (1) week of on-site training and approximately six (6) months of oversight by the servicing Acquisition Division (AD);
    1. The AL shall arrange the candidate’s on-site training and oversight with the Simplified Acquisition Procedure (SAP) Branch Chief at the appropriate AD;
    2. Candidates must maintain regular and continuous contact (at least monthly) with the AD after the one week of on-site training, as this is part of the evaluation process;
    3. Candidates should process enough requirements during the six month period for the AD to evaluate; and
    4. Should a candidate fail to complete a reasonable number and diversity of purchase orders (no less than 10 purchase orders) during the oversight period, remedial on-site training may be necessary prior to the release of the candidate to the FDPM.
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  1. When the responsible HCO has determined that the candidate has completed the on-site training, subsequent oversight, and is sufficiently proficient to be warranted, the HCO shall complete and sign the memo under NOAA AI 17-03 Attachment 2 memorandum entitled, Completion of FD Nominee Oversight, and send the memo to the FDPM indicating that the oversight period has been completed. The FD candidate will then prepare the Request for Appointment included under Attachment 3 of AI 17-03 entitled, Request for Appointment of FD/CO, and send it to the candidate’s supervisor.
  1. The candidate’s supervisor will then prepare and submit the warrant request package (WRP) through the AL which will include the following:
    1. Resume or OF 612
    2. FAC-C Level I Certificate
    3. Performance Plan

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  1. The dollar threshold of warrants issued will be established at the discretion of the SBPO. Initial warrants issued to FDs will not normally exceed $25,000 except in extraordinary circumstances.  The following is the process to obtain a warrant:
    1. The candidate prepares a WRP. The candidate ensures that the resume submitted with the package has been updated if necessary to clearly show that the requirement for a minimum of one year of contracting experience has been met.  This may include time as a COR, purchasing agent, or contract specialist, but must include the six months of oversight from the applicable AD.  CAM 1306.1, Appendix J, Sample Performance Plan Element, provides a sample performance plan that may be used in formulating the performance plan to be submitted with the package; however, it must include the requirements at 1330-1.670(j) Performance Plan. 
    2. The candidate submits the WRP to their supervisor for coordination and the package is then sent to AL for review. If the LO/SO has no AL, the memorandum is sent directly to the FDPM.
    3. The AL reviews the WRP to ensure it contains all required information and documents and, if so, signs and forwards package to the FDPM for coordination.
    4. The FDPM reviews the WRP for completeness and forwards to the HCO.
    5. The HCO reviews package to ensure it contains all required information and documents. The HCO, if concurs in issuance of the warrant, signs and returns the package to the FDPM.
    6. The FDPM reviews the WRP for HCO’s signature, signs, and forwards to the BCM.  The BCM prepares the warrant certificate (SF1402) and cover memorandum and forwards to the SBPO for signature.
    7. The SBPO signs the warrant and memorandum documents and returns them to the BCM.
    8. The BCM forwards the electronic warrant documents to the FDPM, who further distributes them to the FD, the FD’s supervisor, and the AL. The BCM will continue to distribute the original warrant documents as appropriate.
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(h) Processing Request for Field Delegate Warrant Increase

To request an increase in the warrant dollar threshold or change in any warrant restrictions stated in the FD’s current warrant, the FD’s supervisor shall prepare a Request for Field Delegate Warrant Increase found under Attachment 4 of NOAA AI 17-03.  To be eligible for a warrant increase, the FD must have been rated either 1) Satisfactory or equivalent under the previous FD rating scale set forth in AGO-POL-08-006, if applicable, or 2) Exceptional or Good under the rating scale set forth in AI 17-03 in their two most recent FD File Reviews.  In addition, per 1330-1.670(j), their current performance plan must reflect a separate critical element for Acquisition Management with a minimum weight of 15%. Warrants are generally increased in $25,000 increments.  The following is the process to be followed to obtain a warrant increase:

  1. The FD’s supervisor prepares and submits the memorandum requesting an increase and sends to the FDPM.
  2. The FDPM reviews the request in light of any known factors related to the FD’s contracting activities, including the results of prior reviews performed on the FD’s contacting actions, and forwards to the NOAA AGO POD Review and Analysis (R&A) Branch Chief (BC). Based on an assessment of all pertinent factors, the R&A Branch Chief evaluates whether an additional review is required prior to making a determination as to whether or not to recommend approval of the warrant increase.  A review is performed by the POD, if required.   The FDPM reviews the package for completeness, signs approval, and forwards to the BCM.
  3. The BCM reviews/concurs and prepares the warrant certificate (SF 1402) and sends it to the SBPO.
  4. SBPO signs warrant and memorandum documents and returns them to the BCM.
  5. The BCM forwards the electronic version of the warrant documents to the FDPM and distributes the originals. The FDPM disseminates electronic versions to the FD, the FD’s supervisor, and the AL.
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(i)  On-going Training Requirements

The Department’s training requirements are found in CAM 1301.6, Section 3; warrant requirements are found in CAM 1301.6, Section 4.   Please see CAM 1301.6, Appendices E-G for additional information.  To ensure adequate training is provided, the FD’s supervisor shall include the required training in the FD’s Individual Development Plan.

The FD and his/her supervisor are responsible to ensure that the FD completes and documents in FAITAS all annual refresher training and CLPs required to maintain the warrant and FAC-C certification. 

In order to support the FD’s training needs, the FDPM will provide a variety of training opportunities to include: (i) biennial training events; and (ii) periodic webinar or teleconference training throughout each year.  Training subjects will vary based on FD File review trends, FD specific requests, and changes to related acquisition policies and regulations.  FDs shall make every effort to attend these training sessions.

While the FDPM provides occasional training, an FD is unlikely to meet all of the biennial CLP point requirements through this training alone.  Thus, it is incumbent upon the FD to acquire the additional CLPs they need through other resources such as (i) training activities, (ii) professional activities, and (iii) acquisition-related courses. Failure to comply with CLP requirements nullifies the FAC-C certification and its transferability to other agencies in addition to jeopardizing the FD’s warrant.

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(j) Performance Plan

FDs shall have a critical element titled “Acquisition Management” weighted no less than 15% included in their annual performance plan for the duration of their warrant.

 (k) Suspension/Termination of Warrants

  1. In the case where the FD’s warrant is suspended after receipt of an FD File Review rating of Unsatisfactory – Recoverable, the FD shall immediately cease all contracting actions pending the completion of the procedures at 1330-1.670(m)6.B. and the final decision regarding the FD’s warrant authority.
  2. The FD’s warrant may be terminated at any time in accordance with CAM 1301.6 Section 4.7.5 Termination of Appointment. Should a warrant be terminated for any reason, the following actions shall be observed:
    1. The FD shall immediately cease all contracting actions;
    2. The FD shall immediately inform their supervisor that the warrant has been terminated;
    3. The FD supervisor, in conjunction with the POD shall ensure that system access allowing award of contracts is revoked; and
    4. A memorandum signed by the SBPO shall be issued with the SF 1402 Certificate of Appointment which will be annotated as terminated and will indicate the reason for termination.

(l) Files Maintenance and Disposal

Contract files shall be set up, maintained, closed out, and disposed of in accordance with AGO policies and FAR Subpart 4.8 requirements. The AGO Field Delegate Coordinator is the point of contact regarding these issues.

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(m)  FD File Reviews

The AGO POD shall conduct regular reviews for all Field Delegates in accordance with the procedures set forth in NOAA AI 17-03, to ensure they are performing their CO functions in accordance with the FAR, CAR, and the NAM. 

  1. Reviews will generally be performed on a sample of contract actions (this includes both awards and modifications) from the most current completed fiscal year. Reviews will be performed at the FD’s location as a general rule. However, the POD may allow remote reviews in some instances where a limited number of files are to be reviewed.  For onsite reviews, the FD’s LO/SO shall provide funding for all related POD travel expenses.
  2. The FD will ensure:
    1. All files are in order and ready for review by the time the POD representative arrives;
    2. There is one printed copy of the most current Field Delegate File Review Checklist for each contract action being reviewed; and
    3. A suitable conference room (large enough for the review team and files) is available for the POD team to use for the duration of the review.
  1. The FD checklist, located at http://www.ago.noaa.gov/quicklinks/field_delegate.html, is designed to take into account the impact of each checklist item on the overall rating.
  1. The POD will perform an initial review approximately one year after each FD receives their warrant. Thereafter, the POD will attempt to synchronize the FD reviews at each location to provide a review not less than every other year.
  1. The Reviews will be conducted in the following three general areas as set forth under NOAA AI 17-03.   All ratings and recommendations will be established in accordance with the guidelines spelled out in the AI.
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  1. The POD will provide a written report within approximately 30 days of completion of the review or out-brief, if the out-brief is not able to be conducted at the end of the review. Each section of the review will be rated individually and a Final Rating for the report will be provided based on the overall results for all files reviewed.  Section A of the checklist will have the largest impact on the overall rating.  The report will clearly define the FD’s strengths, weaknesses, and recommendations for improvement.
    1. Needs Improvement. If any sections of the files are rated Needs Improvement, the FDs will be instructed as to their weaknesses and will be required to submit a corrective action plan due 30 days after the report is sent to the FD.
    2. Unsatisfactory - Recoverable. The rating of Unsatisfactory – Recoverable indicates that while significant deficiencies were found in the FD’s files, the FD demonstrated sufficient business acumen and the willingness to implement review recommendations in the future during onsite discussions or training.   If any review results in a final rating of Unsatisfactory – Recoverable the Field Delegate’s warrant may be suspended pending a 100% file review after which POD will determine whether the FD should receive additional mandatory training or have the warrant authority terminated.  A corrective action plan is also required.  If the FD is recommended for additional mandatory training/oversight, the FD’s warrant authority will remain suspended until the training is complete.  The POD will repeat the review six months after the mandatory training is complete.  If, at that time, the FD is still not performing in accordance with the core competencies as required in CAM 1301.6 Section 1.5 Core Competencies, the FD’s warrant authority shall be terminated.
    3. Unsatisfactory – Unrecoverable. The classification of Unsatisfactory – Unrecoverable is a rating in which the POD director has assessed that either the FD’s rating or a combination of the rating and an unwillingness or inability to observe regulations, policies, and procedures is so deficient that allowing the FD to continue to maintain a warrant represents an unacceptable risk to the Agency.  This rating typically occurs in instances where the FD had previously received a rating of Unsatisfactory or Needs Improvement and has demonstrated little or no intent to observe POD recommendations, committing the same or similar types of errors. If any review results in a final rating of Unsatisfactory – Unrecoverable the FD’s warrant shall immediately be proposed for termination.
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(n) Specialized Contracting Methods / Other Restrictions on Contract Type

In order for any FD to acquire and maintain proficiency in specialized areas of contracting, it is necessary that FDs obtain targeted training and execute a significant amount of actions using specialized methods.  Should it become necessary that the FD will be required to award or administer any of the following types of contracts, additional training and or approval is required as indicated below:

  1. Construction contracts – Training Required: CON 244 or other FDPM-approved training – Limited to $100K; FDs shall consult FDPM on first two (2) construction projects (solicitation through administration)
  2. A/E Contracts- Shall not be executed by FDs
  3. Labor-hour (LH) or time-and-materials (T&M) – Prior Written Approval of FDPM
    1. Written approval may be submitted in the form of an e-mail request.
    2. The FD must provide a draft solicitation and background requirements documents (including justification for T&M/LH) in order to request approval.
  4. Cost-type contracts – Shall not be executed by FDs
  5. Incentive or Award Fee Contracts – Shall not be executed by FDs
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(o)  Workload Turnover

Field Delegates with planned dates for retirement or separation, or who would otherwise be reassigned to other non-FD positions are required to cease executing contract actions at least 60 days prior to the projected retirement, separation, or reassignment date.

  1. Field Delegates shall engage their supervisor, their respective AL, and the FDPM to come up with a formal disposition plan of contracts with periods of performance, delivery dates, or any other required administrative contract actions extending past the FDs expected departure date.
    1. There is no required format for the plan
    2. The plan shall be detailed in a memo signed by the individual gaining the workload and the individual transferring the workload.
  2. The individual gaining the workload shall be given sufficient time (at least 30 days) to review and reconcile any issues discovered with the contract files that are to be transferred.
  3. The transferring FD’s primary option should be to transfer the contracts to another FD within the same LO.
    1. Any proposed transfer of contracts to an AD must obtain the written concurrence of the gaining HCO.
    2. A fee may be incurred with the transfer of files to an AD.
    3. The FD that is transferring the contract files shall include the following certification statement directly above the signature block: “I certify to the best of my knowledge and belief that no significant deficiencies exist in the contract files transferred, not otherwise identified in the disposition plan.”

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1330-1.671 Responsibility of other Government Personnel

(a) While the contracting officer is responsible for determining how to acquire supplies and services, the conduct of the acquisition process, and execution of contracts, NOAA program/requisitioning offices are responsible for decisions about the requirements for what is being acquired. Program/requisitioning offices are organizations within NOAA that are responsible for planning and managing agency acquisitions to meet mission needs; providing funding documents and budget estimates; designating program managers; nominating individuals as CORs, alternate CORs, and points of contact/order contact to the contracting officer; ensuring training and certification requirements are met and maintained; and building productive working relationships with contracting officers to communicate program office concerns and issues.


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(b) COs rely on many other organizations for support during the acquisition process. Program managers, including those designated as CORs, interpret and provide recommendations on all technical matters. The program manager is the technical expert for overall planning and management of the technical aspects of the acquisition involving scope, budget/cost, performance, quality, and deliverables. The program manager works through productive mutual interaction with other organizations and end users to maintain progress and reduce risks. The program manager is responsible for the following:

  1. Initiating a new project or essential changes in a current project and communicating that need to the contracts staff;
  2. Overseeing and managing all aspects of a single acquisition or a single program involving multiple acquisitions greater than $10 million in value, from requirement development through receipt, acceptance, and closeout of contract. Every program manager shall satisfy the training requirements detailed in CAM 1301.671, Program and Project Manager Certification Program;
  3. Leading the Integrated Project Team (IPT), which consists of all individuals involved in the acquisition and is responsible for making programmatic decisions regarding the acquisition(s) and keeping NOAA management informed of progress, developments, and problems throughout the lifecycle of the acquisition. The program manager develops the IPT charter, which identifies the team’s purpose, composition, roles, responsibilities and authorities, scope, and deliverables;
  4. Conducting market research;
  5. Preparing any Justification for Other Than Full and Open Competition;
  6. Developing the specifications and completing the Requirements Package and applicable portions of the acquisition plan, including work statement and evaluation criteria;
  7. Providing and coordinating approvals required by the program office,
  8. Identifying known sources,
  9. Providing documentation to support the PR (i.e., identification of funding source), justifications (when applicable), and the independent Government cost estimate;
  10. Participating in technical evaluations, cost analyses, and negotiations;
  11. Serving as the COR during contract performance to monitor the contract from a technical and financial standpoint, evaluating the contractor’s performance, and conducting inspection and acceptance when applicable; and
  12. When performing Construction and Architect-Engineer services, serving as the COR and the evaluating official in accordance with FAR 36.604(a)(2) and (3).

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(c)  The Office of General Counsel Contract Law Division (OGC CLD) is responsible for providing legal counsel, review, and concurrence for contracting actions identified in CAM 1301.71, Legal Review of Acquisition-Related Actions.


(d) The POD provides guidance/recommendations on acquisition policy matters and provides pre-award and post-award review services. The POD is responsible for the following:
  1. Reviewing contractual files/documents in accordance with NAM Part 1330-70,
  2. Ensuring that contractual documents requiring higher-level management approval are in accordance with applicable regulations, policy, and guidance prior to SBPO approval.

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(e)  Budget/Finance Office (FO). The LO/SO Budget Office manages funds and attests to proper use of funds in accordance with federal appropriations law. The FO is responsible for the following:
  1. Providing payment/collections involving vendors and intergovernmental organizations (contracts, orders, Interagency Agreements, etc.),
  2. Providing financial reporting and accounting services to NOAA, and
  3. Providing financial advice and recommendations as requested by NOAA acquisition personnel.

(f) The Department of Commerce, Office of Small and Disadvantaged Business Utilization (OSDBU), is responsible for promoting and facilitating small, small disadvantaged, 8(a), women-owned, economically disadvantaged women-owned, veteran-owned, service-disabled veteran-owned, and HUBZone small businesses as federal Government contractors, subcontractors, and suppliers. In accordance with FAR 19.201(d), the NOAA Small Business Officer is responsible for advising the AGO on the development, evaluation, and implementation of Federal and Commerce small business policies and regulations. An Acquisition Division Small Business Specialist, appointed by the HCO, coordinates specific small business activities with the NOAA Small Business Officer. Policy guidance for the implementation of the NOAA small business program is set forth in NAM Part 1330-19 and the NOAA AGO Small Business Program Standard Operating Procedure.

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