20R0010-AttachB-ContractorTeleworkAgreement.docx

The following agreement must be used by Contract Employees of the U.S. Department of State in establishing the necessary assignments, requirements, procedures, and signatures for telework. The COR and the Contract Employee should each keep a copy of the agreement for reference. In addition, a copy should be sent to the appropriate bureau telework coordinator.

Contract Employee ______________________________________________is approved for

SITUATIONAL telework by the Department of State, Bureau or Mission:

1. Voluntary Participation

Contract Employee recognizes that the telework arrangement is not a Contract benefit but an additional method the Department of State may approve to accomplish work. Contract Employee voluntarily agrees to work at the agency-approved alternate work site indicated below and to follow all applicable policies and procedures.

2. Salary and Benefits Agency agrees that a telework arrangement is not a basis for changing the Contract Employee's salary or benefits.

Privacy Act Statement [Solicitation of this information is authorized by President Clinton’s Memorandum of July 11, 1994 and June 21, 1996 which directed agencies to establish, encourage, support, and expand opportunities to telework consistent with their responsibilities.

The primary use of this information is by management to approve and document your telework arrangements. Additional disclosures of the information may be: To the Department of Labor when processing a claim for compensation regarding a job-connected injury or illness; to a Federal agency when conducting an investigation for security reasons; to a Federal, State, or local law enforcement agency when it becomes aware of a violation or possible violation of civil or criminal law; or to the Office of Personnel Management when information is required for evaluation of the telework program.

This information will also be used for monitoring the Federal agencies’ compliance with the President’s Memorandum. It will not be used to make any personnel decisions about individuals. Your furnishing the information is voluntary, but failure to do so may result in disapproval of this request.]

3. Duty Station and Alternate Work Site The Department of State and Contract Employee agree that the Contract Employee's official worksite is:

Contract Employee's approved alternate worksite for Situational Teleworking is or shall be:

[street, city, and State]

4. Official Duties Unless otherwise instructed, Contract Employee agrees to perform official duties only at the regular office or approved alternate work site.

Contract Employee agrees not to conduct personal business during normal working hours at the alternate work site, for example, caring for dependents or making home repairs.

COR reserves the option to inspect alternate work sites during normal working hours with prior notice of at least 24 hours.

5. Work Schedule and Hours of Duty Consistent with the bureau’s or mission's policies on a flexible or alternative work schedules, agency and Contract Employee agree upon the following telework schedule:

Day(s) working at the alternate work site:

Week 1 (first week of each pay period)

Monday: From _____ to _____ Tuesday: From _____ to _____ Wednesday: From _____ to _____ Thursday: From _____ to _____ Friday: From _____ to _____

Week 2 (second week of each pay period)

Monday: From _____ to _____ Tuesday: From _____ to _____ Wednesday: From _____ to _____ Thursday: From _____ to _____ Friday: From _____ to _____

6. Time and Attendance Contract Program Manager (PM) agrees to ensure the telework Contract Employee's timekeeper has a copy of the Contract Employee's work schedule. The COR agrees to certify biweekly the time and attendance for hours worked at the regular office and the alternate work site which are consistent with the bureau's or mission's policy.

Contract Employee agrees to follow established office procedures for requesting and obtaining approval of leave.

7. Overtime Situational Telwork does not include Overtime. However, A COR may approve overtime if needed. The existing rules governing overtime in Title 5 U.S.C. and the Fair Labor Standards Act apply to telework arrangements. Because the COR is responsible for regulating and controlling the use of overtime, the COR must approve all overtime in advance and be satisfied that more than eight hours in a day were worked.

8. Equipment/Supplies Equipment and supplies will generally not be provided to the Contract Employee. The Contractor’s employer is responsible to ensure eligible staff have the tools and equipment needed to perform (e.g., computer, software, or fax) to the Contract Employee. If any available U.S. Government-owned equipment is issued to the telework Contract Employee, the Contract Employee agrees to install, service, and maintain any U.S. Government-owned equipment used.

Hardware/software requirements include: A Pentium PC or Apple equivalent, an Internet connection, the ability to browse the worldwide Web (using current versions of generally available browsers such as IE, Firefox or Chrome). Department approved anti-virus software must be installed and kept current.

9. Security Contract Employees who telework will not work or have access to classified information at the alternate work site and will comply with current standards for remote operations from domestic residence, as published in 12 FAH-10 H-172, Remote Processing.

10. Liability The Contract Employee understands that the U.S. Government will not be responsible for damages to an Contract Employee's personal or real property while the Contract Employee is working at the approved alternate work site, except to the extent the U.S. Government is responsible under applicable law.

11. Work Area The Contract Employee agrees to complete Form DS-1963, Home Safety Checklist for Teleworkers (3 FAH-1 H-2361.2(2)), certifying conformance with safety standards at the alternate site. A signed Form DS-1963 must accompany this agreement.

12. Alternate Work Site Costs The Contract Employee understands that the U.S. Government will not be responsible for any operating costs that are associated with the Contract Employee using his or her home as an alternate work site, for example, home maintenance, insurance, or utilities. Work-related long-distance (domestic and international) phone calls will be reimbursed by the agency in accordance with applicable law, regulations, and policies.

13. Injury Compensation Contract Employee understands he or she is covered under the Federal Contract Employee's Compensation Act if injured in the course of actually performing official duties at the regular office or the alternate work site. The Contract Employee agrees to notify the PM immediately of any accident or injury that occurs at the alternate work site and to complete any required forms. The PM agrees to investigate such a report immediately.

14. Work Assignments/Performance Contract Employee agrees to complete all assigned work according to procedures mutually agreed upon by the Contract Employee and the PM and according to guidelines and standards in the Contract Employee performance plan. The Contract Employee agrees to provide regular reports if required by the PM to help judge performance. The Contract Employee understands that a decline in performance may be grounds for canceling the alternate work site arrangement.

15. Records Management Contract Employee agrees to protect U.S. Government or agency records from unauthorized disclosure or damage and will comply with requirements of the Privacy Act of 1974, 5 U.S.C. 552a. Sensitive But Unclassified (SBU) information will be handled in accordance with 12 FAM 540.

16. Standards of Conduct Contract Employee agrees he or she is bound by agency standards of conduct while working at the alternate work site.

Nothing in this agreement precludes the agency from taking any appropriate disciplinary or adverse action against n Contract Employee who fails to comply with the provisions of this agreement or regulations contained in 3 FAM 2360.

17. Cancellation Both the PM and COR have the right to cancel the telework arrangement with prior notice.

Contract Employee's Signature and Date:

PM Signature and Date:

COR Signature and Date:

SENSITIVE BUT UNCLASSIFIED

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