2700 COVERAGE
2700.1 This chapter covers all employees
of the District government except the following:
(a) The Mayor and members of the Council
of the District of Columbia;
(b) Members of Boards and Commissions;
and
(c) Educational employees of the District
of Columbia Board of Education or of the Board of Trustees
of the University of the District of Columbia.
2701 AUTHORIZATION
2701.1 Any District agency is authorized
to enter into personnel exchange agreements with private sector
organizations, institutions of higher education, or agencies
of federal, state, and local governments.
2701.2 An agreement authorized under this
chapter may be used only when supervision of an employee changes
from that of his or her permanent employer to supervision
by the agency or organization to which the assignment is made.
2701.3 Prior to commencing each assignment
pursuant to this chapter, a written agreement shall be executed.
The agreement shall contain all of the following:
(a) The duties and responsibilities to
be carried out in the assignment;
(b) The terms and conditions for payment
of salary and other expenses, or reimbursement among participating
agencies or organizations;
(c) A statement that the assigned employee
shall observe all rules governing the agency or organization
to which the assignment is made under the agreement;
(d) The signature of the assigned employee
indicating concurrence in and understanding of the assignment;
(e) The signatures of appropriate officials
of the sending and receiving agencies or organizations;
and
(f) The signature of the Director of Personnel
or independent personnel authority concurring in the assignment.
2701.4
An assignment under a personnel exchange agreement may be
made for a period of up to two (2) years and, with the concurrence
of the agencies or organizations and the employee involved,
may be extended in increments of one (1) year. A written extension
agreement shall be executed and signed by the employee, the
appropriate officials of the sending and receiving agencies
or organizations, and the Director of Personnel or independent
personnel authority concurring in the extension of the assignment.
2702
ASSIGNMENT OF EMPLOYEES FROM PRIVATE SECTOR ORGANIZATIONS
TO DISTRICT GOVERNMENT
2702.1
It is the policy of the District government to utilize personnel
exchange agreements sparingly to assign private sector employees
to District agencies to meet highly specialized needs for
professional services on a temporary basis.
2702.2
Nothing in this chapter shall be interpreted to mean that
in every personnel exchange agreement between a District agency
and a private sector organization, the District agency shall
be the party paying any or all of the costs of the professional
services to be provided by the private sector employee.
2702.3
For the purposes of this section, the following terms have
the meaning ascribed:
Audit - examination of statements of costs
actually incurred. Such audits may consist of desk reviews,
test checks of a limited number of transactions, or examinations
in depth, and shall be conducted in accordance with generally
accepted accounting principles.
General and administrative (G&A) costs
- management, financial, and other expenses, which are incurred
by, or allocated to a business unit and which are for the
general management and administration of the business unit
as a whole. G&A costs do not include those management
expenses whose beneficial or causal relationship to cost objectives
can be more directly measured by a base other than a cost
input base representing the total activity of a business unit
during a cost accounting period (48 CFR 9904.410.30 (2000)).
General and administrative costs are indirect costs (48 CFR
31.203 (a), (b) (2000)).
Off-site employee - an employee who is detailed
or assigned to the work site of another organization.
Procurement procedures - mechanism by which
an agency enters into a negotiated personal services contract
for expert and consulting services pursuant to the provisions
of 27 DCMR 1900 et seq.
2702.4
A personnel exchange agreement to assign a private sector
employee to a District agency shall contain the terms and
conditions for the payment or the reimbursement of salary,
fringe benefits and, if appropriate, general and administrative
costs.
2702.5
When a District agency is reimbursing a private sector organization,
the private sector organization shall not receive compensation
in a manner to earn a profit from the assignment of the private
sector employee to the District agency.
2702.6
A private sector employee assigned to a District agency shall
not receive compensation and fringe benefits greater than
those he or she would have received in the absence of the
agreement assigning the individual to the District agency.
2702.7
Any reimbursement by a District agency entering into an agreement
shall be limited to the cost of documented salary, applicable
fringe benefits including payroll taxes, social security,
unemployment insurance, worker's compensation insurance, health
insurance, pensions, Federal Insurance Compensation Act payments,
and, if appropriate, general and administrative costs.
2702.8
Prior to entering into a personnel exchange agreement and
commencing the assignment of a private sector employee to
a District agency pursuant to this chapter, the agency head
shall prepare a written determination and findings explaining
the reasons the required professional services cannot be secured
through standard recruitment practices or procurement procedures.
2702.9
The written determination and findings pursuant to §
2702.8 shall include, but not be limited, to the following:
(a)
A detailed justification explaining the need for the professional
services;
(b)
The qualification requirements for the professional services;
(c)
A detailed statement and documentation demonstrating the
specific outreach and recruitment efforts undertaken by
the agency to secure the professional services needed through
standard recruitment practices;
(d)
A statement signed by the Chief Procurement Officer or his
or her designee certifying that the agency has demonstrated
that it cannot utilize procurement procedures to secure
the professional services needed, and stating the basis
for that conclusion; and
(e)
A statement signed by the agency head to attest that the
agency has demonstrated that it cannot secure the required
professional services through standard recruitment practices
or procurement procedures, and stating the basis for that
conclusion.
2702.10
The determination and findings and supporting documentation,
and the signed procurement certification described in §
2702.9(d) shall be presented to the Director of Personnel
or independent personnel authority. The Director of Personnel
or independent personnel authority shall certify, in writing,
that:
(a)
The agency has exhausted every effort to secure the professional
services through standard recruitment practices; and
(b)
The Chief Procurement Officer or his or her designee has
certified that the agency has exhausted every effort to
secure the professional services through standard procurement
procedures.
2702.11
Notwithstanding the provisions of § 2702.10, the Chief
Technology Officer shall certify all determinations and findings
in the case of the Office of the Chief Technology Officer.
2702.12
The Director of Personnel and each independent personnel authority
shall develop and publish appropriate procedures for the preparation
and submission of written determinations and findings.
2702.13
When the District agency is reimbursing the private sector
organization, the private sector organization shall prepare
a written reimbursement agreement for the cost of the salary,
fringe benefits, and any general and administrative costs
to be reimbursed. The reimbursement agreement prepared by
the private sector organization shall include all of the following:
(a)
A detailed explanation of each category of costs and the
actual amounts to be reimbursed by the District agency;
(b)
A certification of the accuracy of each category of costs
and the actual amounts to be reimbursed by the District
agency; and
(c) A certification that any general and
administrative costs presented for reimbursement are actual
costs, the reasons for incurring such general and administrative
costs and their justification, that those costs are allowable
and reasonable, and that they were calculated using the
standards and principles specified in § 2702.14.
2702.14 Any general
and administrative costs to be reimbursed by a District agency
for off-site employees shall be:
(a)
Calculated using the standards in the Federal Acquisition
Regulations (FAR) System, Title 48 of the Code of Federal
Regulations, in particular, the standards and contract costs
principles and procedures to calculate indirect costs in
48 CFR 31.203 (2000); and
(b)
Based on and be consistent with the results of audited off-site
overhead rates for a period of three (3) years prior to
submission of the reimbursement agreement by the private
sector organization.
2702.15 When general
and administrative costs are to be reimbursed by the District
agency, the results of audited off-site overhead rates as
described in § 2702.14 shall be presented to the District
agency as supporting documentation to the reimbursement agreement.
2702.16
Prior to signing a personnel exchange agreement, the District
agency shall concur with all the terms and conditions of the
assignment, particularly the terms of a reimbursement agreement
prepared by the private sector organization under § 2702.13,
when applicable, and sign the reimbursement agreement.
2702.17
The agency head shall submit the signed personnel exchange
agreement and any supporting documentation, including the
certified determination and findings in the case of the Office
of the Chief Technology Officer, and the signed reimbursement
agreement when applicable, to the Director of Personnel or
independent personnel authority. The Director of Personnel
or independent authority shall review the personnel exchange
agreement and any supporting documentation, and sign the personnel
exchange agreement to concur in the assignment.
2702.18
The District agency shall be encouraged and shall reserve
the right to audit the reimbursable costs in a personnel exchange
agreement under the circumstances and methods the District
agency deems appropriate and require the private sector organization
to reimburse the District agency for any unauthorized fees
paid.
2702.19
A former District government employee working for a private
sector organization shall be prohibited, for a period of two
(2) years after his or her separation from District government
employment, from participating in a personnel exchange agreement
between the District government and the employing private
sector organization.
2703 STATUS OF DISTRICT GOVERNMENT EMPLOYEES WHILE ON
ASSIGNMENT
2703.1 A District employee participating
in a personnel exchange program shall be considered either
on detail to the receiving agency or organization or on a
leave of absence from the sending agency.
2703.2 While on assignment, a District employee
on detail shall be entitled to the same salary and benefits
accruing to his or her position with the sending District
agency, and shall remain an employee of the sending agency
for all other purposes except supervision of duties during
the period of detail.
2703.3 The salary and benefits of a District
employee on detail shall be paid by the sending agency.
2703.4 While on assignment, a District employee
on leave of absence shall be entitled to at least the same
salary and benefits to which he or she would otherwise be
entitled.
2703.5 The salary and benefits of a District
employee on a leave of absence shall be paid by the receiving
agency or organization unless the agreement contains different
terms.
2703.6 Leave with or without compensation
may be granted to a District employee by the receiving agency
or organization if the agreement permits the agency or organization
to act as the leave-approving authority for the employee.
2703.7
A District employee suffering disability or death in the course
of the temporary assignment shall be treated as a District
government employee under the District's disability compensation
program, except in any case in which the employee was entitled
to and elected to receive similar benefits under the receiving
agency's or organization's program.
2704 STATUS OF NON-DISTRICT GOVERNMENT
EMPLOYEES WHILE ON ASSIGNMENT
2704.1 Unless the agreement contains different
terms, the salary and benefits of non-District employees on
assignment to the District shall be paid by the sending agency
or organization.
2704.2 The receiving agency which appoints
a non-District government employee under the exchange program
may do so without regard to the regulations governing the
selection of employees in the Career, Management Supervisory
and Educational Services and may or may not compensate such
appointed employees from agency funds.
2704.3 A non-District employee suffering
disability or death while on assignment to the District shall
be treated as a District employee for the purpose of the District's
disability compensation program unless he or she elects similar
benefits from his or her permanent employment.
2705 TRAVEL EXPENSES
2705.1 Travel expenses of District or non-District
employees assigned to another government, private sector organization,
or institution of higher education may be paid by the District,
with the exception of travel expenses related to the work
assignment at the receiving agency or organization.
2705.2 Travel expenses for transportation
of immediate family, household goods, and personal effects
to and from the location of the receiving agency or organization
may routinely be paid by the District under either of the
following conditions:
(a) For an assignment of more than nine
(9) months; or
(b) When an assignment is terminated in
less than nine (9) months for reasons beyond the control
of the employee that are acceptable to the agency.
2705.3 A daily allowance may be paid to a
District or a non-District employee on assignments of less
than nine (9) months.
2705.4 Travel expenses, relocation costs,
and daily expenses may be shared by the participating governments,
private sector organization, or institution of higher education
or may be the sole responsibility of either party to the agreement.
Agencies