Attachment 2 Alternate Worksite Agreement.docx

Inventors Assistance Center (IAC) Support Services Alternate Worksite Agreement Contract Number: To Be Determined

The following constitutes an agreement between the U.S. Patent and Trademark Office (USPTO or Agency) and Contractor Employee:

{insert name of the Contractor employee} to perform OPIM Support Services on behalf of the USPTO by teleworking from an off-campus location at the following alternate worksite:

{insert the alternate worksite address and room location}

An alternate worksite is defined as a location (room) in the Contract Employee's home designated by the employee as the location they will use to perform their official Contract duties, or another location approved by the Agency. The alternate worksite must be located within the continental United States.

IN GENERAL

1. The Contract Employee has read and agrees to adhere to the “OCIO Rules of the Road” and ‘Worksite Safety Guidelines”. These two document are separate PDF attachments.

2. The Contract Employee is responsible for ensuring compliance with all local laws or rules governing an office in their home.

3. The Contract Employee acknowledges that the designated alternate worksite is safe and will be maintained as such to ensure at all times the confidentiality of the content of the patent application. See Safeguarding Patent File and Information below.

4. Upon reasonable advance notice by the Agency, the Contract Employee agrees to permit inspections by the Agency (including contractors) of the work area at the employee's alternate worksite during the employee's normal working hours for the purpose of ensuring proper maintenance of Government owned property and worksite conformance with safety standards.

5. The Contractor or Contract Employee has arranged for and has access to high-speed broadband Internet service (cable or fiber optic) at the alternate worksite room location meeting the latest internet service level requirements[footnoteRef:1]. Fees for the Internet service will not be paid by the Agency. The Agency will establish and periodically revise requirements for high-speed broadband Internet access consistent with operational requirements for remote access. [1: As of July 8, 2019, the internet service requirements are cable or fiber optic broadband internet service capable of at least 15 Mbps download and 4 Mbps upload speed (15/4 standard).]

6. The Contract Employee must be able to access the USPTO network and systems from an approved alternative or remote locations via VPN connection.

7. The Contactor or Contract Employee is responsible for all costs (i.e. utility cost, heating, cooling, local phone service, lighting, and any necessary re-wiring, updating, improvements necessary to bring the electrical wiring and connections up to required standards) associated with becoming and maintaining alternate worksite readiness. The Contractor or Contract Employee is also responsible for any proper furnishings needed, such as desk and chairs at the alternate worksite.

8. Agency materials and/or equipment may be provided and/or removed as necessary for administration of this agreement. The Contract Employee will utilize Agency furnished equipment (i.e. computers), materials and software at all times while performing work. Agency furnished equipment shall not be utilized for private purposes. The Contractor or Contract Employee is prohibited from loading additional or unapproved software on Government equipment or to download software from the internet on to Government equipment.

9. The Contract Employee must maintain reasonable care of all Agency-owned-equipment and materials. If provided by USPTO, the Contract Employee will immediately return to the COR upon contract completion or employee’s voluntary or involuntary separation.

10. The Agency acts as the insurer for damage, theft or other loss (e.g. fire, flood, etc.) of the Agency materials and equipment. The Contractor or Contract Employee shall immediately report in writing any lost or damage Government equipment to the COR. Any accident and injury reports at the alternate worksite may be investigated.

11. All Contract Employees shall provide customer service to both internal and external customers by being accessible and available during working hours as specified by the contract unless otherwise agreed to by the USPTO Contracting Officer or the Contracting Officer Representative (COR). The Contract Employee should be accessible via email, instant messaging or phone and respond appropriately with minimal delay throughout the workday during USPTO business hours. Participants will forward their work phone number to their designated personal phone number.

12. If a telephone service is provided at government expense at the alternate worksite, the Contract Employee agrees to maintain a separate telephone service for their private use.

13. In the event that remote access or equipment problems prohibit working at an alternate site, the Agency is not liable for the Contract Employee’s lost production or time.

SAFEGUARDING PATENT FILES AND INFORMATION

1. Patent applications and related documents are covered under a privacy agreement with legal penalties. Patent applications and certain sensitive documents, including budget and procurement documents, can only be worked on at, or remotely accessed from, the approved alternate worksite (e.g., employee's home) or designated USPTO worksite.

2. The Contract Employee will keep in confidence patent documents and information therein in accordance with 35 U.S.C. § 122.

3. The Contract Employee will safeguard patent files and other documents during transit and at the worksite.

4. The Contract Employee will ensure that only authorized personnel access the patent files and other documents from the USPTO.

5. The Contract Employee must return all patent files, work product, drafts and notes to the USPTO within two (2) business days of the employee ending participation in the program, regardless of whether participation ends voluntarily.

The Agency will not be liable for damages to a Contract Employee's personal or real property during the course of performance of official duties or while using Agency material at an alternate worksite or elsewhere, except to the extent the Agency is held liable by the Federal Tort Claims Act claims or claims arising under the Military Personnel and Civilian Employees Claims Act.

I certify that I have read and will comply with the aforementioned provisions.

Contract Employee (Participant's) Signature: _________________________________________

Date: _________________________

Approving Official Electronic Signature (Company): __________________________________

Date: _________________________

Contracting Officer Representative Signature: ________________________________________

Date: _________________________