Attachment 3 Mandatory Training Requirements_Contractor Employees_final_signed.pdf

November 1, 2023

To: Mission Area Senior Contracting Officials (MASCO) Mission Area Senior Program Managers (MASPM) Office of the Assistant Secretary for Civil Rights (OASCR)

Office of Human Resource Management (OHRM) Office of Information Affairs (OIA)

From: Donald W. Baker Jr.

Acting Director, Office of Contracting and Procurement (OCP)

Subject: USDA Mandatory Training Procedures for Contractor Employees

This memo outlines the procedures for contractors to complete specific USDA wide training courses.

Does this Memo Impact Future Contracts?

Yes. Program offices must include mandatory contractor training courses in their requirements documents, e.g., Statement of Work (SOW), Performance Work Statement (PWS), in all new service contracts awarded after November 1, 2023.

Does this Memo Impact Current Contracts?

It depends. Mission areas may consider modifying existing contracts to add USDA training courses for contractor completion. When requests are submitted, a discussion should occur between the Contracting Officer (CO), Contracting Officer’s Representative (COR), and MASPM. Factors to consider when contemplating modifications include the benefit of training, time constraints, cost, etc. If needed, the first quarter of FY24 should be utilized to modify current contracts to include additional training requirements.

When Must Training be Completed?

FY24 will be the first year that contractor personnel will be required to complete mandatory training as specified in requirements documents. This includes new contracts as well as existing contracts that are modified to add contractor training requirements.

How are contractor training requirements determined?

During the acquisition planning process, an assessment is needed to determine which courses should be completed by contractor employees. The contract requirements need to include courses that are mandatory, with specific deadline dates for completion. The MASCO is the USDA employee to make the final decision on additional courses that are proposed for a contract. He/she should consider why a particular course is needed as well as the cost versus the benefit of each course. At a minimum, the following classes

United States Department of Agriculture

Office of the Assistant Secretary for Administration

Office of Contracting and Procurement

1400 Independence Ave., SW Mailstop 9308 Room 126-W Whitten Building

Washington, DC 20250-9308 are required for all contractors if the below conditions are met. The COR may propose additions to this list, but not delete from the below list.

• All contractor employees who will access USDA's IT systems/network will automatically have AgLearn access and must complete the following training courses in AgLearn:

o Information Security Awareness;

o Understanding and Interrupting Unconscious Bias;

o Section 508 Compliance;

o Anti-Harassment Training: Identifying and Preventing Workplace

Harassment; and o Records Management.

• For the USDA Records Management Training, contractor personnel with USDA IT systems access will complete the USDA Records Management training in AgLearn. Contractors with no USDA IT systems access will inform their COR or USDA point of contact who will do the following:

o Email Beatriz.Collazo@usda.gov requesting a paper-based version of the training;

o Ensure that the Program Manager (PM) / Project Lead and deputy (if applicable) for the contractor receives the training material, and completes the RM class.

o Start the 60-day clock for course completion;

o Submit quizzes and acknowledgements to Agency AgLearn Lead for grading;

o Wait to learn if contractor PM/deputy passed or did not pass the training;

o If contractor PM / deputy received less than 80%, advise the contractor to re-take the training;

o Once the contractor PM / deputy earns an 80% or higher score, email the signed Acknowledgement to USDADepartmentalRecords@usda.gov;

o The AgLearn Lead will provide the course completion certificate to the contractor’s COR or USDA point of contact.

o Thereafter, it is the responsibility of the PM to convey to his/her employees USDA’s requirements for Records Management. Thereafter, if a contractor employee has a record that must be submitted to USDA, it will be submitted through the PM or deputy. After this internal training is completed, the PM is expected to notify the COR.

• CORs should NOT add training to the list that would fill technical knowledge/skills gaps or fulfill professional certification requirements that are required in the contract.

Where are contractor training requirements stated?

Any training courses that contractors must complete must be stated in the requirements document (SOW, PWS). Attachment 1 shows a chart that should be inserted in new, or modified, service requirements, if applicable, to inform contractors of required training courses.

Will contractor training impact the value of the contract?

mailto:Beatriz.Collazo@usda.gov https://services.usda.gov/aglearn?id=kb_article_view&sys_kb_id=321606f91b50f5502e74dd39bc4bcb80 mailto:USDADepartmentalRecords@usda.gov

For new contracts, the inclusion of mandatory training requirements may result in an increase to the contract price and/or additional time needed to perform a particular contract. For these contracts, contractors may include in their proposals the labor costs expected to be incurred for the completion of the courses. For existing contracts, contractors may be entitled to an equitable adjustment to the contract price and/or performance period, depending on the circumstances of each contract. A contractor’s decision whether to submit a request for equitable adjustment to the Government for additional costs and/or time may depend upon the number of contractor employees required to take training, number of required training courses, training length, and other relevant factors. If contractors request an equitable adjustment, it is the program office’s responsibility to secure additional funds.

What if a course is not currently listed in the contract or related modification?

Discuss the omission with your Contracting Officer. Only the CO can direct a contractor to complete a training course by a contract or contract modification. If direction is given to the contractor to perform work that is not specified in the contract’s requirements, an unauthorized commitment will occur, requiring a ratification and payment to the contractor. Please be aware that the contractor may request an equitable adjustment when new training requirements are added to a Firm Fixed Price contract. Negotiations and a modification obligating additional funds will be required when a price increase is appropriate. If needed, these contract modifications can be requested on current contracts by a mission area on a case-by-case basis, however, it is not required for all existing service contacts at USDA because of the potential cost impact, and the administrative effort required to negotiate contract changes. Mission areas should consider the opportunity cost and monetary cost of these modifications before a procurement request is submitted to a CO on existing contracts. Mission areas should also consider the remaining period of performance on the current contract as well. For example, if the contract will expire in the 2nd quarter of FY24, the mission area may want to avoid modifying the current contract, and instead focus on the follow-on contract.

Questions regarding the training needs for your requirement may be addressed to the Office of the Assistant Secretary for Civil Rights (OASCR), Office of Contracting and Procurement (OCP), Office of Human Resources Management (OHRM), or Office of Information Affairs (OIA) as applicable.

Sample Requirements Language: Mandatory Contractor Training (Applies to new service contracts awarded after November 1, 2023)

(Applies to modified service contracts as applicable)

The contractor must ensure their employees (including subcontractor personnel) complete the training course(s) listed below in the frequency identified. The contractor must maintain records of course completion and provide them to the Contracting Officer or Contracting Officer Representative upon request.

Course Name Frequency (Once, Quarterly, Annually, etc.)

Method of Training

Length of Training

Completion Date

Understanding and Interrupting

Unconscious Bias

Annually AgLearn 90 minutes 90 days after assignment in AgLearn

Anti-Harassment Training: Identifying and Preventing Workplace Harassment

Annually AgLearn 60 minutes 90 days after assignment in AgLearn

Information Security Awareness

Annually AgLearn 60 minutes 1 year since last completion date

USDA Records Management

Annually AgLearn Or Paper-based

60 minutes 60 days after assignment

Section 508 Annually AgLearn 60 minutes 45 days after assignment

If needed, add other courses as approved by the Contracting

Officer