Appendix_E.pdf

APPENDIX E: Contractor Telework Policy

Telework Policy

This document highlights the Foreign Service Institute’s implementation of the Department of

State’s Telework (telecommuting) Program for contractor staff performing services under the referenced task order.

DEFINITIONS AND STATEMENT OF PURPOSE

Telework for contractor staff is designed to benefit the Government.

The official definition of “telework” as found in the Telework Enhancement Act of 2010 (the

Act) reads: "[t]he term 'telework' or 'teleworking' refers to a work flexibility arrangement under which an employee performs the duties and responsibilities of such employee's position, and other authorized activities, from an approved worksite other than the location from which the employee would otherwise work."

In practice for contractor staff, "telework" is a work arrangement that allows a contractor to perform services, during regular, billable duty hours, at a remote worksite (e.g., home, contractor location). Telework is a contractor privilege, not an entitlement or a reward, nor does it create any right or benefit, substantive or procedural, enforceable by a party against the Government. It is an option that exists for the Government in the administration of contract services. The use of an alternate place of performance for contractor services is always a management decision made by the Contracting Officer (CO) or his/her properly delegated Contracting Officer’s

Representative (COR) for the benefit of the Government, and contractor staff does not have an automatic right to continue participation in telework agreements in the event of a change of

Contracting Officer or COR.

SITUATIONAL TELEWORK

Situational telework is the designation for contractor staff who perform services away from the primary place of performance on an irregular basis with prior written approval from either the

CO or the COR. The CO or COR shall, to the maximum extent practicable, limit and specify the amount of labor hour services and the particular services/tasks that may be performed via telework at the remote work location. The CO or COR shall, to the maximum extent practicable, request Situational telework to be performed for the production of deliverables or performance of specific tasks that are measureable. Situational telework shall be requested in writing by the CO or COR on a case by case basis for individual contractor staff. Contract staff performing services under the same labor category or employed under the same contract/task order as other contract staff that have performed services via situational telework are not entitled to situational telework. All telework labor hours, and the expectations for tasks and deliverables to be completed during telework, must be pre-approved in writing in advance by the COR or CO.

Pre-approved situational telework is the only type of telework available for contractor staff.

CANCELLATION OF PRE-APPROVED TELEWORK

http://www.gpo.gov/fdsys/pkg/BILLS-111hr1722enr/pdf/BILLS-111hr1722enr.pdf

The COR or CO may, in writing, cancel or revoke preapproved telework for contractor staff requiring performance at the primary place of performance on a day for which telework had already been approved in writing. Normally, contractors and their staff will be notified of such a change in advance, but sometimes advance notice is not feasible.

ELIGIBILITY CONSIDERATIONS:

EXAMPLES of some types of contract services which are, generally, suitable for telework include but are not limited to the following provided they do not involve the handling of classified information:

Work that requires thinking, research and writing, such as data analysis, reviewing grants or cases, and writing regulations, decisions, or reports; Telephone-intensive tasks, such as setting up a conference, obtaining information, and contacting customers; and computer- oriented tasks, such as programming, data entry and word processing.

Contractor services eligible for telework will have at least some of the following characteristics:

Services can be performed effectively outside the primary place of performance; job tasks are easily quantifiable or primarily project oriented; Contact with CORs/ACORs and GTMS and service clientele is predictable; Daily physical presence is not required; All work handled is not classified; The technology needed to perform the job is currently available; Cyclical work does not present a problem; Security of data, including sensitive, non-classified, privacy act concerns, etc. can be adequately ensured.

Contractor staff performing services as teleworkers have the following characteristics:

A self-starter who can function independently, is reliable; dependable, trustworthy and disciplined; can deal with isolation from co-workers; and is responsible in the discharge of work duties; fully understands the operations of the organization, and adheres to security guidelines on U.S Government information and property at the alternate work site.

Telecommuting is not a replacement for child or elder care.

Contractor staff must ensure that during telework hours they are not also responsible for providing primary care for children or adults in the alternate work location.

ELIGIBILITY CRITERIA

Because the Foreign Service Institute’s core mission involves instruction, some restrictions on the scope of eligible contractor staff will exist.

Several criteria play a major factor in the selection of contractor staff allowed to participate in the Telework Program: the nature of the work performed, the contractor staff characteristics described above, and CORs who effectively:

Develop performance work plans as needed for work performed away from the official work site. Such plans shall, to the maximum extent practicable, limit or specify the amount of labor hour services and the particular services/tasks that may be performed via telework at the remote work location.

Assign appropriate work to be performed at the remote place of performance.

Determine how the quantity and quality of services will be measured and evaluated.

Periodically evaluate the telework program.

Careful examination of tasks to be performed at an alternate work site is the key to a successful telework program. CORs must determine whether some or all of contractor staff’s duties are portable and may be performed at the alternate work site, and whether the goals of the office can be achieved with the contractor staff performing services at the remote work location.

Contractor staff excluded from participation in this program:

Those whose normal functions require the contractor staff to have daily face-to-face contact with the COR, other government employees, students and visitors, or the general public in order to perform contract position requirements effectively.

Individuals whose jobs require daily, regular access to the Department’s corporate applications or systems not accessible via FOB/RSA token.

Positions requiring routine access to classified information or other sensitive information/material that cannot be secured from, or transported to a remote location.

Contractor staff under a Performance Improvement Plan (PIP).

ROLES AND EXPECTATIONS

COs or CORs will request contractor staff to perform services via situational telework only when in the best interests of the government including the effective administration of the contract or task order.

The COR and the contractor staff must establish appropriate arrangements for the contractor staff to follow when working at an alternate site. The overall interests of the Government must take precedence.

CORs should assign work appropriate to be performed at an alternate duty station, and determine how the quantity and quality of the work will be measured, evaluated, and accepted. Periodic reviews of situational telework arrangements should be conducted to ensure that organizational needs are met by the contractor performing services at a remote work location. If occasional situational telework does not benefit the Government, the COR or CO will not request additional services to be performed via telework.

WORKSPACE AND EQUIPMENT

Contractors and contractor staff are responsible for ensuring that their remote work sites are clean, free of obstructions and hazardous materials, and meet relevant building codes.

Additional costs incurred during the performance of telework are not allowable under this task order.

Each contractor staff performing services via telework must provide his/her supervisor, the COR, and other employees as deemed appropriate by the COR, with a telephone number where he/she may be reached while teleworking.

Teleworking contractor staff or their employer will be responsible for providing their own necessary equipment and internet access. This may include computers, software, printers, fax machines, additional telephone lines, and related supplies. The contractor staff is also responsible for repair and maintenance of personal equipment. If requested by the COR, the Government may issue the contractor staff a key FOB or encrypted flash drive for use in performance of contract services via Situational Telework. The key FOB or encrypted flash drive shall be returned to the Government if performance under the contract/task order ends or additional situational telework will not be requested of the contractor employee. The Contractor is responsible for the replacement cost of the key FOB or encrypted flash drive if it is lost or not returned to the COR when performance under the contract/task order ends or when additional situational telework will not be requested of the contractor employee.

All work involving Privacy Act protected materials must be done at the primary place of performance. No classified materials may be taken from the work place in accordance with existing regulations.

Information or material that is Sensitive But Unclassified (SBU) may not be transmitted over the

Internet. SBU information includes, but is not limited to: medical, personnel, financial, investigatory, visa, law enforcement, or other information which, if released, could result in harm or unfair treatment to any individual or group, or could have a negative impact upon foreign policy or relations. SBU is also information offered under conditions of confidentiality which arises in the course of a deliberative process (or a civil discovery process), including attorney – client privilege or work product, and information arising from the advice and counsel of subordinates to policy makers. (12 FAM 540)

WORK SCHEDULES

Telework work schedules for contractor staff shall parallel those followed at the primary place of performance. The COR or CO will specify the contractor staff’s work schedule for situational telework. This will ensure that the contractor staff is available at the primary place of performance when required by the program office and as determined by the COR.

In the event that the Government is unexpectedly closed (e.g. due inclement weather), unscheduled or unplanned telework is not permitted. All telework is situational and approved in writing in advance.

http://www.justice.gov/opcl/privstat.htm http://arpsdir.a.state.gov/fam/12fam/12fam0540.html

AGREEMENT

The Contractor that employs staff requested by the Government to perform contract services via telework shall ensure that these employees are have read and understand the telework policy that applies to the contract under which they are employed.

Receipt and Acknowledgement

I acknowledge that I have read and understand the above policy, and that all employees performing services via situational telework under this task order will read and understand the above policy before performance of requested telework.

Contractor:

Contract Number:

Printed Name Title

Signature Date