Attachment_03_EMPLOYEE_CONTRACTOR_RELATIONS_GUIDE.docx

AG-4568-S-17-0004

EAZ

IDIQ STAFFING SUPPORT SERVICES

ATTACHMENT 03

EMPLOYEE CONTRACTOR RELATIONS GUIDE

Employee Contractor Relations

It is important for Forest Service (FS) employees to understand the nature of the relationship between the government, the contractor and the contractor’s employees. The desire to treat the contractor as part of the team is understandable, but FS employees must realize the potential risks they impose on the government and contractor if they allow special treatment in any number of situations. Contractor personnel are employees of a contractor – they are subject to the laws that apply to all individuals (such as bribery) the terms and conditions of their individual contracts with their employer and the applicable terms and conditions of their employer’s contract with the government.

Personal Service vs Non-Personal Services Contract. A personal services contract is characterized by an employer-employee relationship where employees are directly hired under competitive appointment or other standard civil service procedures. Personal services contracts trigger certain rights and responsibilities, including payment of benefits, tax withholding and application of conflicts of interest statutes.

The Forest Service primarily deals with non-personal services contracts. Under these types of contracts the personnel providing the services are not subject to the supervision and control usually prevailing in relationships between the government and its employees. Under a non-personal services contract, a contractor dictates its employees’ compensation, benefits and rewards. The government contracts for a required service, specifies the details in a statement of work or task order, and reviews and approves and pays for work products, not individual performance.

GUIDELINES

FS EMPLOYEES:

· Clearly identify the contractor’s work area. This will help preclude any appearance of a personal service relationship between government employees and contractor personnel.

· Contractor identification should also extend to E-mail accounts. E-mail, and signature blocks should clearly identify contractor personnel.

· Respect the employer-employee relationship between contractor and their employees.

· Report possible conflicts by contractor personnel to include violations of the law (including but not limited to Procurement Integrity statutes and regulations). Be sensitive to appearances created by close relationships between government and contractor personnel.

· Clearly describe all contract tasks.

· Ensure only the contractor’s task leader assigns tasks to contractor personnel.

· Don't use government and contractor personnel interchangeably.

· Don't intervene in the contractor’s chain of command.

· Don't require “out of scope” work, personal services, or performance of “inherently governmental functions.” The services the contractor is required to provide through its personnel are set forth in the contract -- there are no “and other duties as assigned.”

· Don't give the incumbent contractor a competitive advantage by including its personnel in re- competition meetings or by allowing the contractor’s personnel to overhear or gain access to planning information.

· • Don't solicit or accept gifts from contractor personnel.

CONTRACTORS CANNOT:

• Control or direct Government personnel, administer contracts, or perform inherently government functions.

• Perform functions that require exercise of discretion in applying government authority, use of judgment in making decisions for the Government, and decisions regarding monetary transactions and entitlements.

• Make determinations of Federal program priorities for budget requests.

• Direct and control Federal employees.

• Make selection or non-selection of individuals for Federal Government employment, including the interviewing of individuals for employment.

TIME MANAGEMENT

• Individual contractor personnel time off, and the nature of the time off (e.g., leave, Personal day, administrative absence) are between the contractor and its employees.

• When a contractor’s employee is absent, the contractor cannot bill for services not delivered.

· The contractor may also have concerns about issues such as contract schedules, delivery dates, and other matters. Accordingly, the contractor must decide if, and under what conditions, its employees may be absent.

· Contractor employees may participate in office events on their own time or on contractor time, not on time charged to the contract.

• Government officials are not authorized to grant “administrative leave” or expend government resources to compensate contractor personnel to attend government-sanctioned morale building activities (e.g., picnics, golf outings, holiday parties, sports day events, fitness time).

• Holiday time off for contractor personnel is governed by the terms and conditions of the specific contract.

• If the government office is closed on that day, then contractor personnel should seek appropriate guidance on duty location from his/her contractor supervisor. The contractor supervisor will then work with the government contracting officer to determine the appropriate guidelines and contractor personnel status.

• For emergency office closures (to include closure due to inclement weather), the contracting officer should refer to the contract terms and conditions that address government down time. If the contract does not address emergency closures, the contracting officer should permit the contractor to:

· reschedule the time lost due to office closure

· report to an alternate duty location or provide equitable adjustment in accordance with the contract terms and conditions.

RECOGNITION AND AWARDS

What can be done to recognize and award contractor personnel is limited. If individual contractor personnel have performed exceptionally well or made a contribution that significantly exceeds the terms of the contract, the government may acknowledge that contribution by a letter to the individual’s company. This “letter of appreciation” must be coordinated with the contracting officer who will send it to the contractor. The contractor will then present it to the employee.

GIFTS

FS employees generally may not accept items that qualify as gifts from contractor personnel.

USE OF GOVERNMENT RESOURCES

The government may provide government facilities and equipment to a contractor. The contract must describe the property. The contractor is responsible and accountable for the property and must establish and maintain a system to control and protect the property.

TRAINING

A program manager should not authorize training for contractor personnel without contracting officer coordination and approval.

SAFETY

The FS does not assume responsibility for ensuring the protection of contract workers. That responsibility rests clearly on the contract worker’s employer, the contractor.

SUMMARY

The following is a summary of the information above:

Respect the employer-employee relationship between contractors and their employees.

Identify possible conflicts of interest of contractor personnel.

Don’t ask contractor personnel to perform “out of scope” work, personal services, or “inherently governmental functions.”

Resolve inappropriate relationships between federal employees and contractor personnel.

Ensure contractor personnel are identified in dealings with other employees.

Avoid giving incumbent contractors a competitive advantage.

Do not pay contractors to participate in morale building events.

Do not interfere with contractor personnel time management.

Contractor personnel may use government resources for official business when authorized by the contracting officer.

If required by the contract, the government may provide training to contractor personnel that is deemed an integral part of the requirement and necessary to perform tasks uniquely identifiable to the government.

Generally, the government should not provide motor vehicles to contractor personnel in performance of their work.

ATTACHMENT 03