RAR Part 1437

(a) Scope. This section prescribes procedures to implement Office of Personnel Management (OPM) regulations at 5 CFR Part 300, Subpart E and FAR 37.112 which govern acquisition of private sector temporaries.

(b) Conditions for use. The CO may enter into a contract with a temporary help service firm when --

(1) The need does not involve excluded services under 5 CFR 300.502 or the circumstances prohibited by 5 CFR 300.503(c) ;

(2) One of the short-term situations under 5 CFR 300.503(a) exists;

(3) The need cannot be met with current employees or through the direct appointment of temporary employees within the time available, by the date, and for the duration of time the help is needed;

(4) Approval has been received for any work-day or contract duration time extensions requested in accordance with subparagraphs (c)(2) and (c)(3) below and such approval is placed in the contract file; and

(5) The determination required by WBR 1437.112-80(e) has been received from the servicing personnel office (SPO) and is placed in the contract file.

(1) The CO shall ensure that any contract for private sector temporaries complies with --

(i) The 120 work-day time limitation for an individual employee within a 24 month period (see 5 CFR 300.504(a)) ;

(ii) The overall contract duration limitation of 120 work days (see 5 CFR 300.504(b)) ;

(iii) The procurement requirements listed in 5 CFR 300.506 ; and

(iv) The requirements of FAR Subpart 22.1000

(2) The 120 work-day restriction in subparagraph (c)(1)(ii) above may be extended for an additional 120 work-days (up to a maximum of 240 work-days in a 24 month period) in any situation when the CO determines that using services of the same individual for the same situation will prevent significant delay.

(d) Employee orientation.

(1) Government employees. The CO, or designee, shall ensure that the supervisory responsibilities in 5 CFR 300.501(a) are carried out by the temporary help service contractor.

(2) Contractor employees. The CO shall ensure all requirements under the contract are given by means of technical, task-related instructions to private sector temporaries including orientation, assignment of tasks, and review of work products to assure proper completion of tasks performed.

(e) Determination.

(1) Prior to issuing a solicitation or request for quotations for the use of private sector temporaries, the CO shall obtain a written determination from the SPO that these services--

(i) will not be in lieu of the regular recruitment and hiring procedures under the civil service laws for permanent appointment in the competitive civil service;

(ii) will not displace a Federal employee;

(iii) will not circumvent controls on employment levels; and

(iv) are not in lieu of appointing a surplus or displaced Federal employee.

(2) For indefinite quantity contracts or blanket purchase agreements, the CO shall obtain from the SPO a written verification that the conditions in the determination made under subparagraph (e)(1) above still exist prior to the issuance of any order.

SUBPART WBR 1437.2 -- ADVISORY AND ASSISTANCE SERVICES

WBR 1437.204 Guidelines for determining availability of personnel.

(a) A Secretarial determination is not required if sufficient personnel with the requisite training and capabilities are available within Reclamation to perform the evaluation or analysis of proposals for an acquisition.

(b) Availability of qualified personnel from another DOI Bureau or Federal agency.

(1) If qualified personnel are not available within Reclamation but are available from another DOI Bureau, an interagency acquisition to secure the appropriate personnel may be processed. In this case, the D&F required by FAR 17.503 shall be signed by the official designated at WBR 1417.502.

(2) If qualified personnel are not available within Reclamation or from another DOI Bureau, but are available from another Federal agency, the D&F required by FAR 17.503 shall be signed by the Secretary of the Interior or the Assistant Secretary, Policy, Management, and Budget (AS/PMB). In this case, the D&F shall be forwarded to PAM by the HCA for signature. (See WBR 1401.7001-3(a) for transmittal procedures.)

(d) If qualified personnel are not available within Reclamation, from another DOI Bureau, or from another Federal agency, the D&F required by FAR 37.203(d) shall be signed by the Secretary of the Interior or the AS/PMB prior to any acquisition of advisory and assistance services from another source by contract or purchase order. (See WBR 1401.7001-3(a) for procedural instructions.)

SUBPART WBR 1437.6 Performance-Based Contracting

WBR 1437.600-80 Reclamation procedures

WBR 1437.600-801 Determination and Findings for Not Using Performance-Based Contracting.

For service contracts estimated to have a value equal to or greater than $25,000 but less than $100,000, which will not be acquired using the performance-based contracting method specified in FAR 37.6, the Contracting Officer will prepare a Determination and Findings for Not Using Performance-Based Contracting. This D & F will be signed by the CCO and placed in the contract file.

SUBPART WBR 1437.71 -- INFORMATION COLLECTION SERVICES

WBR 1437.7102 Policy and procedures. Clearances for proposed contracts which require or may require collection of information as described in DIAR 1437.7101 shall be submitted through the Reclamation Information Collection Clearance Officer, D-7900.

SUBPART WBR 1437.80 -- TRAINING SERVICES

WBR 1437.8000 Scope of subpart.

This subpart prescribes policies and procedures for obtaining training services and training materials through the use of (a) Standard Form (SF) 182, Request, Authorization, Agreement, and Certification of Training and (b) acquisition procedures.

WBR 1437.8001 Authority.

(a) 5 U.S.C. 4103 gives agency heads the authority to provide employee training.

(b) 5 U.S.C. 4105 authorizes agency heads to make agreements or other arrangements for the training of agency employees by, in, or through non-Government facilities.

(c) General Accounting Office (GAO) Decision No. B-201608, dated December 30, 1980, permits use of the SF-182 for acquiring training from a non-Government source without involvement of the acquisition office in the approval or payment process except when special arrangements are necessary, or group discounts can be negotiated.

(d) The Department of the Interior Contracting Officers Warrant Manual, March 12, 1998, provides (at Paragraph IIIA) that SF-182 transactions for off-the-shelf training up to $25,000 are not covered by the Federal Acquisition Regulation and are, therefore, exempt from the Department of the Interior Warrant System.

(e) Deviation from the Contracting Officers Warrant System dated October 28, 2002 (expiration date November 1, 2005) allows individuals not in the GS-1102/GS-1105 job series to purchase off-the-shelf training over $25,000 on the SF-182, subject to the following limitations:

(1) The authority is limited to one designated individual who specializes in employee development in the Diversity & Human Resources Office (D-4000). However, the BPC has the authority, if the need arises, to select and appoint up to one qualified individual in each region.

(2) To qualify for this authority, this individual(s) must receive additional classroom training in negotiation strategies and pricing techniques and have direct access to warranted contracting officers for assistance and advice.

(3) This authority is limited to $25,000 for a single training event and is not to exceed $100,000 on a single SF-182. The training must be fixed price and the program, course, or instruction service must be off-the-shelf with no modification or development, which add cost to the published price, needed. This authority cannot be used to purchase general supplies, training equipment, or non-training services above $2,500 or training services on other than SF-182s.

(4) If a Reclamation training course or program requires new design and development, an authorized contracting officer must contract for the service on behalf of the responsible training or management official.

WBR 1437.8002 Policy.

(a) Acquiring training through personnel procedures. Subject to the limitations at WBR 1437.8001(e) for group training requirements exceeding $25,000, use of the SF-182, in lieu of acquisition procedures, is authorized for acquisition of training services for Government and non-Government services (including associated non-tuition costs necessary to provide instructional materials incidental to the training) when --

(1) The training involves an established course (i.e, an existing instructional program with stated subjects, an established outline, and instructional material);

(2) The training course is available on the open market; and

(3) The training course is offered at established rates (i.e., rates published in brochures, catalogs or advertised/offered on a commercial basis to the public).

(b) Acquiring training through acquisition procedures. Federal acquisition procedures shall be utilized for acquiring training services when --

(1) The training services involve the design and development of a new, non-established course in order to meet unique and special needs of a Reclamation office;

(2) The training course is not based on the use of an existing, established course available on the open market and the servicing personnel office (SPO) designated training approval officer has determined that any established course would require significant revision in order to meet Reclamation needs; and

(3) The training course has not previously been offered at established rates.

WBR 1437.8003 Procedures. For training services involving the conditions in WBR 1437.8002(a) --

(a) The SPO shall designate employees who are authorized to obtain training services not exceeding $25,000 using the SF-182.

(b) The Diversity & Human Resources Office (D-4000) shall designate one individual from the Reclamation Program Group (D-4200) to purchase group training exceeding $25,000 using the SF-182. This individual must meet the training requirements described at WBR 1437.8001(e)(2).

(c) Regional directors may nominate to the BPC one individual from their region to purchase group training requirements exceeding $25,000 using the SF-182. The nomination must evidence a need for this authority and document compliance with the training requirements described at WBR 1437.8001(e)(2).

(d) Use of the SF-182 shall not be considered an acquisition for purposes of meeting any requirements of the FAR, DIAR, or RAR other than those stated in this subpart.

(e) Payment may be made using the Integrated Charge Card by employees designated by the Director, Diversity & Human Resources (D-4000).

SUBPART 1437.81 - SECURITY REQUIREMENTS

WBR 1437.8100 Scope of subpart.

This subpart prescribes policies and procedures for ensuring the security of Reclamation facilities and information technology resources during the performance of service contracts.

WBR 1437.8101 Authority.

(a) 441 DM 3.2 requires that all positions must be designated at either a public trust risk level or national security sensitivity level commensurate with the responsibilities and assignments of the position as they relate to the efficiency of the Federal service. 441 DM 1.1 states that the provisions of Part 441 are applicable to all Department employees and positions, regardless of type of appointment or position or tenure, and all contractors and consultants.

(b) 441 DM 3.11 states that contractors are not Federal employees and cannot hold national security positions or public trust positions. Nevertheless, contractors may be required to undergo background investigations.

(c) 375 DM 19 establishes responsibilities, policies, procedures, and minimum requirements for the development, implementation, and maintenance of an information technology (IT) security program for the Department of the Interior. The basis of authority includes public laws, Executive branch directives, federal standards, and other DOI policies that provide direction and guidance concerning security planning. It establishes the DOI IT security program incompliance with the Privacy Act of 1974; the Freedom of Information Act, as amended; the Paperwork Reduction Act; the Computer Fraud and Abuse Act of 1986; the Computer Security Act of 1987 (Public Law (P.L.) 100-235); the Information
Technology Management Reform Act (ITMRA) of 1996; the Government Information Security Reform Act (GISRA) of 2000; OMB Circular No. A-130, Appendix III, Security of Federal Information Resources; National Institute of Standards and Technology (NIST) Special Publications addressing IT security; Federal Information Processing Standards Publications (FIPSPUBS); National Archives and Records Administration's regulations on records management; the Office of Personnel Management's (OPM) guidance on personnel security as they relate to IT resources; and DOI IT security policy guidance. References to various laws, regulations, directives, and other policy and procedure guidance applicable to IT security in DOI are located in Appendix 3 to 375 DM 19.

(d) 375 DM 19.7 and 19.9 require that appropriate safeguards must be determined before acquiring information technology resources not only to ensure the wise expenditure of funds but also to ensure that the resources may be protected from the time of installation or implementation. To accomplish this, all contract specifications for the acquisition of hardware, software, software development, equipment maintenance, facility management, and related services will contain requirements for safeguards that encompass technical, administrative, personnel, and physical security.

WBR 1437.8102 Procedures.

(a) Requisitioners shall coordinate all requirements for services (including construction) to be acquired under the procedures of FAR Parts 8, 12, 13, 14, 15, 35, or 36 with the Reclamation Security Officer (D 1450) or appropriate regional Security Officer and, for IT requirements, the Bureau IT Security Manager (D-2220), to identify the appropriate risk sensitivity level.

(b) The CO shall not provide contractor employee access to the Government installation or to Government data without the Bureau IT Security Managers or Reclamation Security Officers (or appropriate regional Security Officers) prior approval.

(c) The program manager, manager, supervisor, or other person that has programmatic responsibility for the contract will consult with the Reclamation or Regional Security Officer regarding the risk and sensitivity levels of the contract and contract positions. For moderate and high risk contracts, the Contractor shall conduct a background investigation of each individual employee prior to that individual performing work and shall affirmatively determine that each individual meets the contract's minimum standards of acceptability. The type of background investigation for each employee will be based on the risk/sensitivity level designation. Information on the type of background investigation required for the designated risk/sensitivity level is contained in the DOI Departmental Manual Part 441, Chapter 3, sub-chapter 3.9 and Attachment 5. The minimum standards which the Contractor will use in its suitability determinations for these moderate and high risk positions are contained in the DOI Departmental Manual Part 441, Chapter 5. The Departmental Manual is available on the Internet at http://elips.doi.gov/app_home/index.cfm?fuseaction=home. Each employee shall be reinvestigated by the Contractor on a periodic basis (high risk every 5 years, moderate risk every 10 years, not applicable to low risk). A reinvestigation shall be required only if the Contractor or the Government believes that individuals continued ability to meet the contracts minimum standards for a low, medium, or high risk position is in question. After an affirmative determination on an initial investigation or a reinvestigation, the Contractor shall make available to the CO or the COs designee the records and documentation upon which the determination was based for review and approval. . In accordance with Federal Investigative Agency guidance, the following positions are excepted from the investigative requirements, provided that the employing agency conducts such checks as it deems appropriate to ensure that the assignment or retention of individuals in contract positions is clearly consistent with the interests of public trust or national security; however, any excepted individuals in any contract position will be subject to site-specific security procedures, monitoring, and/or access controls as appropriate:

(i) Positions filled by aliens employed outside the United States

(ii)) Positions which are intermittent, seasonal, or temporary (including details or temporary promotions), any of which is not expected to exceed an aggregate of 180 days in either a single continuous action or appointment (or series of actions or appointments); or,

(iii) Other positions that OPM, in its discretion, deems appropriate based on a written request to OPM by an agency head in whose agency the positions are located.

(d) If Reclamation receives an unsuitable report on any contractor employee or if Reclamation finds a prospective contractor employee to be unsuitable or unfit for his or her assigned duties, the clause at WBR 1452.237-80, Security Requirements , Information Technology/Compulsory Protection of Sensitive Information and Security Access Requirements Bureau of Reclamation, provides that such employee cannot continue to work or be assigned to work under the contract. In that event, the COTR must notify the Reclamation Security Officer or the appropriate regional Security Officer of what areas/duties this individual has been working on.

(e) The Reclamation Security Officer or the appropriate regional Security Officer shall track expiration of contractor employee background investigations or clearances. The COTR is responsible for notifying the Security Officer of any contracts that are expected to continue past the original completion date.

WBR 1437.8103 Contract Clauses.

(a) The CO shall insert the clause at WBR 1452.237-80, Security Requirements, Information Technology /Compulsory Protection of Sensitive Information and Security Access Requirements - Bureau of Reclamation, in all solicitations, contracts, purchase orders, orders under Federal Supply Schedules, and task orders issued under Government-wide Agency Contracts (GWACs) and Multi-Agency Contracts (MACs) for service (including construction). In addition, the following specific requirements shall apply to IT contracts:

(1) For all IT services, development and support contracts, including site maintenance contracts, include clause paragraphs (f)(1), (2), and (3).

(2) For services including off-site processing and storage, or contractor-operated IT service solutions, use Alternate I of this clause, which requires inserting additional paragraphs (f)(4), (5), and (6) to the basic clause.

(3) for all IT products, development, support contracts, or systems provided as turn-key (not necessary for contracts involving only COTS products with no integration efforts), use Alternate II of this clause, which requires inserting additional paragraphs (f)(4), (5), and (6) to the basic clause).