Section 1. General
a. The Department acknowledges its responsibility to adhere to law and
applicable Government-wide regulations regarding the use of experts,
consultants and contractors’ employees.
b. Upon request of a specific contract relating to contractors, the Department
shall provide to Local 12 within thirty (30) days a copy of the contract, with
proprietary or privacy act information redacted.
c. It is the policy of the Department that a bargaining unit employee will be
supervised by supervisory personnel of the Department and not by
personnel of a contractor.
d. At the request of the Union, Management will meet to explain the rationale
for the FAIR Act classification decisions.
Section 2. A-76 Competitive Sourcing/Commercial Activity Process
The parties have a mutual interest in ensuring constructive employee involvement
in implementing the Commercial Activities (A-76) studies initiated by the
a. The Department shall notify the Union within five (5) workdays of its
decision to use an A-76 competition to determine if government personnel
should continue to perform work or contract out work that is currently
performed by bargaining unit employees. The notice shall identify the
affected units and the functions, positions and grade levels of bargaining
unit employees affected. The Union shall be notified of all relevant data and
information as they become available, including schedules, milestone charts,
invitations for bid or requests for proposals, and performance work
b. The Union may appoint a bargaining unit employee on each PWS and Most
Efficient Organization (MEO) Team, consistent with OMB Circular A-76
guidelines. An employee may serve on the PWS Team or the MEO Team,
but not both. Members of the PWS and MEO Teams will be provided
relevant training. In accordance with Article 45, the Union representatives
on the PWS and MEO Teams may request a reasonable amount of official
time in connection with Team activities.
c. The organizational entity holding an A-76 competition shall hold regular
meetings to discuss the status of the competition with all affected
employees, including bargaining unit employees.
d. Management will notify the Union of its decision to contract out work that is
currently performed by bargaining unit employees. Such notice will include
information regarding any feasibility or cost studies that have been
performed, authorized staffing levels, number of position vacancies, their
grade and description, indirect costs and, where applicable and available,
that information required by OMB Circular A-76.
e. Upon receipt of notification of Management’s decision to contract out work
that is currently performed by bargaining unit employees, the Union may
request bargaining in accordance with Article 41.
f. The Department shall provide Local 12 a copy of the performance work
statement and contract solicitation document when they are released by the
Section 3. Personnel Considerations for Displaced Employees
a. Provisions contained in Article 32 also cover displaced employees. Displaced
employees are entitled to the training referenced in Article 21 but is not
limited it. Displaced employees also will receive counseling, to include a
discussion concerning the value of individual development.
b. Displaced employees are those identified for release from their competitive
level by an Agency, in accordance with 5 CFR Part 351 and Chapter 35 of
Title 5, United States Code, as a direct result of a decision to convert to
contract (contracting out) or accept the Agency’s Most Efficient Organization
c. Federal employees displaced by a decision to convert to contract or public
reimbursable source performance have the Right-of-First-Refusal for jobs for
which they are qualified that are created by the award of conversion.
(1) A standard clause should be included in A-76 cost comparison
solicitations notifying potential contractors of this requirement (see
Federal Acquisition Regulations [FAR] 52.207-3). The Right-of-First-
Refusal is afforded to all Federal employees displaced by the decision
to convert to contract performance.
(2) Human Resource Officers should work with the contracting officer
and employees to implement these provisions.
d. Agencies should exert maximum efforts to find available positions for
Federal employees displaced by conversion decisions, including:
(1) Giving priority consideration for available positions within the Agency;
(2) Establishing a Reemployment Priority List and an effective placement
(3) Paying reasonable costs for training and relocation that contribute
directly to placement; and
(4) Registration in the Career Transition Assistance Program (CTAP) and
the Interagency Career Transition Assistance Program (ICTAP).