**Interim HHSAR Guidance---FAC-COTR**

**HHSAR 302.101, Definitions \[new\]**

*Project Officer* is a Federal employee who provides technical guidance
to the Contract Specialist/Contracting Officer before award of a
contract or order. Project Officers are often delegated authority to act
as the Contracting Officer\'s Technical Representative (see 301.604,
below). Project Officers must comply with the training requirements in
HHSAR 301.605.

The *Contracting Officer\'s Technical Representative (COTR)* is a
Federal employee to whom a Contracting Officer has delegated authority
in writing to act as his or her representative in monitoring specified
aspects of contractor performance. These aspects may include ensuring
that the contractor's performance meets the standards set forth in the
contract, ensuring the contractor meets the technical requirements under
the contract by the delivery date(s) and/or within the period of
performance, and ensuring that the contractor performs within the price
or estimated cost stated in the contract. COTRs must comply with the
training and certification requirements in HHSAR 301.604.

**Section 301.604, Training and Certification of Contracting Officers\'
Technical Representatives**

***(a) General:*** In accordance with Acquisition Policy Memorandum
2008 - 01, \["Federal Acquisition Certification for Contracting
Officers' Technical Representatives (FAC-COTR)," effective October 1,
2008\], HHS will maintain a program for training employees for
certification and appointment as Contracting Officers' Technical
Representatives (COTRs). All references to COTRs also apply to their
alternates and to Contracting Officers\' Representatives (CORs). All
references to Information Technology (IT) projects apply to both major
and tactical projects.

***(b) HCA Responsibilities:*** HCAs or their designees are responsible
for:

> \(i\) Reviewing a candidate\'s qualifications to be a COTR;
>
> \(ii\) Granting, suspending, denying, revoking, and reissuing COTR
> certifications;
>
> \(iii\) Determining equivalencies for relevant training; and
>
> \(iv\) Determining on a case-by-case basis whether to postpone (for up
> to ninety days) withdrawal of any COTR delegation for failure to
> qualify for certification.

***(c) Training for Certification:*** HHS FAC-COTR certification
requires at least 40 CLPs of relevant training. Maintaining HHS FAC-COTR
certification requires at least 40 relevant continuous learning points
(CLPs) every two years.

***(d) Delegation of Authority to HCAs:*** Heads of Contracting Activity
(HCAs) are hereby delegated authority to determine equivalencies for (1)
the Basic Project Officer Course, (2) course prerequisites, and (3)
acceptable activities and training for CLPs. Equivalencies must meet
FAI's required COTR competencies. This authority may be re-delegated to
OPDIV Acquisition Career Managers (ACMs) or comparable officials.

***(e) Contracting Officer Responsibilities:*** Contracting Officers
shall ensure that a COTR candidate is currently certified under HHS\'
FAC-COTR program before delegating authority to that candidate to act as
a COTR on an HHS contract or order. Contracting Officers shall retain in
the contract file a COTR Certificate, course completion certificate, HHS
University transcript, or other documentation that all required training
has been completed. In case of an urgent requirement to appoint a COTR
prior to certification (see 301.604(g), below), the Contracting Officer
shall document the contract file accordingly.

***(f) Policy Exception:*** In the event an individual who is not
currently certified eligible under HHS\' FAC-COTR program is urgently
required to serve as a COTR, the HCA (not delegable) may authorize the
individual to perform the designated duties for up to ninety days,
provided that:

> \(i\) The individual agrees to become certified during that period;
> and
>
> \(ii\) The individual reviews the HHS ''Project Officer's Contracting
> Handbook'', and then meets with the cognizant Contracting Officer to
> discuss the interrelationships among Project Officer, Contracting
> Officer, Program/Project Manager, and COTR.

If the individual fails to meet (i) or (ii) above during the ninety-day
period, the Contracting Officer shall withdraw the individual's interim
COTR appointment.

***(g) Earned Value Management and Performance-Based Acquisition
Training Requirements:*** All COTRs assigned to IT or BARDA projects
must successfully complete Earned Value Management and Performance-Based
Acquisition courses before assuming their COTR duties. HHS' Office of
the Chief Information Officer (OCIO) and BARDA are hereby delegated the
authority to determine course suitability.

***(h) HHS' Portfolio Management Tool Training Requirement:*** All COTRs
assigned to IT projects must successfully complete training in HHS'
portfolio management tool, currently ProSight, before assuming their
COTR duties. HHS\' Office of the Chief Information Officer is the source
for ProSight training information.

***(i) Maintenance/Refresher Training Requirement:*** COTRs must earn at
least 40 CLPs every two years to maintain their COTR certifications. See
Appendix A of OFPP's FAC-COTR memorandum, dated November 26, 2007, for
additional information on CLPs.

***(j) COTR Appointment:*** HHS FAC-COTR Certification alone does not
guarantee that a Contracting Officer will appoint the certified
candidate to be a COTR. A candidate becomes a COTR when a Contracting
Officer delegates in writing to that candidate the extent and kinds of
authority to manage and monitor a particular contract. Authority for
such appointments rests solely with Contracting Officers.

**Section 301.605, Training Requirements for Project Officers and
Technical Evaluators**

***(a) General:*** HHS will maintain a program for training employees
for appointment as Project Officers and alternates. All references to
Information Technology (IT) projects apply to both major and tactical
projects.

***(b) Basic Project Officer Course:*** All HHS Project Officers must
successfully complete HHS University\'s Basic Project Officer Course or
equivalent and include a course completion certificate with their
Acquisition Plan, before assuming the duties of their designated roles.
Contracting Officers shall ensure that at least fifty percent of
technical proposal evaluators for each contract competition, excluding
peer reviews, successfully complete HHS University\'s Basic Project
Officer Course or equivalent before assuming the duties of their
designated roles.

***(c) Delegation of Authority to HCAs:*** HCAs are hereby delegated
authority to determine equivalencies for (1) the Basic Project Officer
Course, and (2) course prerequisites. This authority may be re-delegated
to OPDIV Acquisition Career Managers (ACMs) or comparable officials.

***(d) Policy Exception:*** In the event a specific individual who has
not successfully completed the required training course is urgently
required to serve as a Project Officer, the Program Manager or designee,
e.g., immediate supervisor, may authorize the individual to perform the
designated duties for up to ninety days, provided that:

> \(i\) The individual agrees to meet all Project Officer training
> requirements during that period; and
>
> \(ii\) The individual reviews the HHS ''Project Officer's Contracting
> Handbook,\" and then meets with the cognizant Contracting Officer to
> discuss the interrelationships among Project Officer, Contracting
> Officer, Program/Project Manager, and COTR.

If the individual fails to meet (i) or (ii) above during the ninety-day
period, the Program Manager or designee shall withdraw the individual's
Project Officer authority.

***(e) Earned Value Management and Performance-Based Acquisition
Training Requirements:*** All Project Officers assigned to IT or BARDA
projects must successfully complete Earned Value Management and
Performance-Based Acquisition courses before assuming their Project
Officer duties. HHS' Office of the Chief Information Officer and BARDA
are hereby delegated authority to determine course suitability.

***(f) HHS' Portfolio Management Tool Training Requirement:*** All
Project Officers assigned to IT projects must successfully complete
training in HHS' portfolio management tool, currently ProSight, before
assuming their Project Officer duties. Contact the HHS Office of the
Chief Information Officer for additional training information.

**Section 301.606, Training and Certification of Program and Project
Managers**

***(Reserved)***