[Material Transmitted]{.underline}:

Department of Health and Human Services (HHS) Instruction 300-3, Detail
of Employees dated 05-09-2008.

[Material Superseded]{.underline}:

HHS Instruction 300-3, Detail of Employees dated, 22 February, 1996.

[Background]{.underline}:

This Instruction has been updated from a delegation of authority only to
a full instruction that identifies roles and responsibilities, coverage
and exclusions, and reporting requirements. It also provides sample
reimbursement and non-reimbursement agreements and incorporates
guidelines for details of non-SES employees to SES positions and SES
members to unclassified duties.

The instruction also provides a reminder for adherence to the legal
restrictions on augmenting appropriations that must be considered prior
to approval of a detail.

This issuance is effective immediately. Implementation under this
issuance must be carried out in accordance with applicable laws,
regulations, bargaining agreements, and Departmental policy.

Antonia T. Harris

Deputy Assistant Secretary for Human Resources

INSTRUCTION 330-3

> **SUBJECT: DETAIL OF EMPLOYEES**
>
> 300-3-00 Purpose
>
> 300-3-10 References
>
> 300-3-20 Definitions
>
> 300-3-30 Coverage and Exclusions
>
> 300-3-40 Responsibilities

300-3-50 Legal Restriction on Augmenting Appropriations

> 300-3-60 Details within HHS
>
> 300-3-70 Details between Executive Department and Agencies
>
> 300-3-80 Reporting and Accountability
>
> Exhibit A: Sample Non-reimbursable Detail Agreement
>
> Exhibit B: Sample Reimbursable Detail Agreement

# 300-3-00 PURPOSE

# This policy provides guidance concerning the requirements and procedures applicable to details of personnel within, to, and from the Department of Health & Human Services (HHS). 

# 

# REFERENCES

A.  5 USC 3341 (law- details within a Executive agencies or Department
    of Defense)

B.  31 USC 1301 (law -- appropriation restrictions on assignment of
    employees)

C.  31 USC 1535 (law --assignment of employees between executive branch
    departments and agencies)

D.  21 Comp. Gen., B-211373, March 20, 1985 (non-reimbursable details)

E.  Civil Service Rules 6.5 (detail of excepted employees)

F.  42 USC 215 (law -- detail of PHS personnel)

G.  5 CFR 300 Subpart C -- Detail of Employees

> **300-3-20** **DEFINITIONS**
>
> A. [Career appointee]{.underline}. An employee whose appointment is
> made through competitive selection requirements, having entitlements,
> and under no time limitations.
>
> B. [Career Reserved positions]{.underline}. Positions are designated
> Career Reserved if they must always be filled by a *career* appointee
> to ensure the impartiality or the public's confidence in the
> impartiality of the government. They may include positions in
> adjudication and appeals, audit and inspections, civil or criminal law
> enforcement and compliance, contract administration and procurement,
> grants administration, investigation and security, tax liability,
> certain scientific or other highly technical or professional
> positions, or selected positions so designated.
>
> C. [Detail]{.underline}. The temporary assignment of an employee to
> another position, within or outside the Department, for a specified
> time period. The expectation is that the employee will return to their
> official position of record upon expiration of the detail. For
> purposes of pay and benefits, the employee continues to encumber the
> position from which detailed.
>
> D. [General positions]{.underline}. May be filled by a career,
> noncareer (not selected under competitive selection procedures), or
> limited appointee (non-renewable appointment for up to 3 years.)
>
> E. [Non-reimbursable detail]{.underline}. A detail of an employee on a
> temporary basis between executive departments and agencies when the
> salary is payable from the appropriation of the losing department or
> agency. (See Exhibit A)
>
> F. [Reimbursable detail]{.underline}. A detail of an employee on a
> temporary basis between executive departments and agencies when the
> salary is payable on a reimbursable basis from the appropriation of
> the gaining department or agency to which the employee is detailed.
> (See Exhibit B)

**300-3-30 COVERAGE AND EXCLUSIONS**

A. [Coverage]{.underline}. This policy is applicable to all full-time
and part-time employees in both the competitive and excepted service,
regardless of the authorities under which they are appointed, except as
described below in paragraph B of this section.

B. [Exclusions.]{.underline} This guidance does not cover authorization
of details for:

1\. Administrative Law Judges (5 USC 3344);

2\. PHS Commissioned Corps officers (42 USC 215);

3\. Employees of non-federal organizations who are assigned to HHS
organizations under contractual agreements;

4\. Details to International Organizations and or Foreign Governments (5
USC 3343) and (5 CFR 352.304);

5\. Details to the Legislative and Judicial Branches, or the Executive
Office of the President (3 USC 112);

6\. Details under the Intergovernmental Personnel Act of 1970 (5 USC
3372-3374; and 5 CFR Part 334);

7\. Details between HHS and a non-Federal organization under Section 214
of the PHS Act, as

amended; and

8\. Assignments of excepted employees, other than those with Schedule A
or VRA appointments, to competitive service positions (5 CFR 6.5).

C. When provisions of a negotiated labor management agreement differ
from the procedures in this policy, the agreement takes precedence for
those employees covered by the negotiated labor management agreement.

40. **RESPONSIBILITIES**

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A.  Office of Human Resources (OHR) is responsible for:

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1.  Updating and maintaining this policy;

2.  Consulting with management officials on all details outside or to
    HHS.

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B.  Operating Divisions (OPDIVs) are responsible for:

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1.  Approving details of employees to other Federal departments or
    agencies;

2.  Establishing a written agreement for the detail of an HHS employee
    to another Federal Department and agency. This is also a requirement
    when detailing an employee of another Federal department or agency
    to HHS;

3.  Preparing and submitting a Request for Personnel Action (SF-52)
    along with the written agreement to the operating Human Resources
    organization (OHRO) to officially document the detail. The request
    must also include the appropriate *classified* position description
    or annotated unclassified duties to be performed.

4.  Approving, preparing and submitting an SF-52 and the appropriate
    justification when an extension is required. Extensions should be
    submitted well in advance of the expiration date.

5.  Consulting with the Office of the General Counsel when preparing
    Departmental agreements to detail an employee.

C. Operating Human Resources organizations (OHROs) are responsible for:

1.  Reviewing and approving the justification for the detail;

2.  Ensuring that each HHS employee detailed outside the Department is
    counseled on Conflict of Interest issues by a Deputy Ethics
    Counselor prior to the assignment.

3.  Ensuring that all details meet legal and regulatory requirements,
    including local merit promotion regulations and provisions contained
    in collective bargaining agreements;

4.  Ensuring details are documented in the employee's Official Personnel
    Folder (OPF).

**300-3-50 LEGAL RESTRICTIONS ON AUGMENTING APPROPRIATIONS**

A federal agency may use its appropriated funds only for the purposes
for which they were appropriated. In addition, an agency may not augment
its appropriations from outside sources without specific statutory
authority. Under these principles of appropriations law, an agency may
not detail its employees to another agency on a non-reimbursable basis,
absent express statutory authority. An unauthorized non-reimbursable
detail results in the loaning agency using its appropriated funds to pay
for the salary and expenses of an employee who is performing work
unrelated to its functions, a violation of the purpose statute, 31 USC §
1301 (a), and improperly augments the receiving agency's appropriation
by the amount paid by the loaning agency. There are three recognized
exceptions to the prohibition on-non-reimbursable details, as provided
by Section 300-3-70(F) of this Instruction.

60. **DETAILS WITHIN HHS**

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A.  Details of non-SES employees to non-SES positions are covered by
    local merit promotion plans and bargaining agreements and must be
    documented if they will exceed 30 days. Please refer to local plans
    and agreements for *specific policy guidelines*.

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B.  Details of non-SES employees to SES positions. The Civil Service
    Reform Act established the Senior Executive Service as totally
    separate from the competitive and excepted services. Therefore,
    details of non-SES employees to SES positions and details of SES
    employees to non-SES positions should be kept to an absolute minimum
    and strictly controlled. Non-SES employees may be detailed to SES
    positions with the following provisions:

1\. Only a career or career-type non-SES appointee may be detailed to a
[career reserved]{.underline} position.  Any SES appointee or non-SES
appointee may be detailed to a [general]{.underline} position. 

2\. An Executive Resources Board (ERB)-approved SES Candidate
Development Program participant may be detailed to an SES position for
developmental experience for a period not to exceed 120 days if the
detail is specified in the participant's ERB-approved individual
development plan.

3\. Details to SES positions for more than 120 days (but less than 241
days). If an employee is detailed to an SES position for more than 120
days, the agency may:

> a\. Reassign the employee to a temporarily established General
> Schedule position that is similar to the SES vacancy but without the
> policy setting or precedent decision-making responsibilities that
> support the SES-level; or
>
> b\. Detail to the SES position with a statement of differences which
> indicates clearly that the policy setting or precedent decision-making
> duties have been temporarily reassigned to another SES or higher level
> official or officials, and that the detailee is expected to perform
> only the operational aspects of the SES position.
>
> c\. In situations where an SES position may be vacant for an extended
> period, detail qualified employees [on a rotating basis]{.underline}
> in 120-day increments in order to avoid the appearance of giving
> unfair advantage in the event that the SES vacancy is later
> announced. 

4\. Details to SES positions longer than 240 days. OPM approval is
required and competitive service merit promotion procedures must be
observed when detailing non-SES employees to an SES position for more
than 240 days. However, competition is not required if the employee is
certified by a Qualifications Review Board (QRB) following successful
completion of an SES candidate development program.

C. Details of SES employees to non-SES positions. Details of SES
employees to positions below the SES level are generally considered an
inappropriate use of executive talent. Agencies cannot detail an SES
member to unclassified duties for more than 240 days. It is not
appropriate to detail an SES member to a series of different positions
with unclassified duties in order to "restart" the 240-day clock.
Therefore, details of SES employees must not exceed the 240 day limit
without documented approval.

D**.** Restrictions on details to SES positions or details of SES
members during a Moratorium: The Civil Service Reform Act of 1978
established a "get acquainted period" during top management transitions.
It allows new Presidential and Noncareer appointees to get to know their
senior career executives and their skills and expertise. The 120
calendar day moratorium applies to details. The first 60 days of a
detail are not counted in calculating the 120 days.

**300-3-70** **DETAILS BETWEEN EXECUTIVE DEPARTMENTS AND AGENCIES**

A.  The decision to detail an HHS employee to another Federal department
    or agency must be based on the ability of the employee's office to
    spare his/her services without detriment to its work and without
    requiring it to hire additional staff.

B.  A detail of another Federal employee to HHS should be requested only
    when a fully qualified HHS employee is not readily available to
    perform the work involved, it is not feasible to employ a qualified
    person temporarily, or when the circumstances are such that the
    detail is clearly in the Department's best interest (e.g., when
    another personnel action is pending or when the individual has
    special skills or abilities needed by the OPDIV for a short period).

C.  Details to and from other executive departments or agencies should
    occur only when they have a direct programmatic relationship to the
    mission of the OPDIV and are not expected to exceed 180 days.
    Details may be approved that exceed 180 days; however, should only
    occur in extraordinary circumstances.

D.  OPDIVs must also consider the importance of and the official HHS
    interest in the proposed detail.

E.  OPDIVs are authorized to enter into written agreements in which one
    or more employees may perform services for another agency for which
    reimbursement is made.

F.  Details between agencies must be reimbursable except in the
    following circumstances:

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1.  The detail involves a matter related to the loaning agency's
    appropriation and will aid it in accomplishing the purpose for which
    appropriations are provided.

2.  The detail is for a brief period and has a negligible impact on the
    loaning agency's appropriation.

3.  Statutory authority permits a non-reimbursable detail and it is
    determined that a non-reimbursable detail furthers program
    objectives.

**300-3-80** **REPORTING AND ACCOUNTABILITY**

A. Regardless of whether a detail is reimbursable or non-reimbursable,
the employee is counted as occupying the position of record in the
Full-Time Equivalent/Work Year Civilian Employment Report (SF-113g) of
the losing OPDIV.

B. OHROs must maintain records on incoming and outgoing details. For HHS
employees, an SF-52 documenting the detail must be filed in the
employee's Official Personnel Folder along with the following
information:

1\. Name of detailee;

2\. Organization to which detailed;

3\. Period of detail;

4\. Whether or not the detail was reimbursable;

5\. Duties to be performed during the detail;

6\. The name of the individual who will be responsible for providing
time and attendance information to the detailee's supervisor of record.

C. OPDIVs should submit an SF-52 and supporting information to document
any extension 30 days prior to the expiration of the original detail or
as soon as they are notified of the need for an extension.

D. Each OPDIV shall ensure that the designation of any current employee
to serve on an acting basis in a position requiring the filing of the
Public Financial Disclosure Report, SF-278, where such service is
expected to exceed 14 days shall be immediately reported to the Office
of the General Counsel, Ethics Division, in order to verify whether the
added responsibilities would pose a conflict with the employee's assets,
income sources, and affiliations. For temporary acting service of 14
days or less, the official designating the employee to serve in an
acting capacity shall obtain a copy of the employee's SF-278, (or the
Confidential Financial Disclosure Report, OGE-form 450, if applicable)
and review the employee's financial holdings and any outside
affiliations with the employee to ensure that there is no financial
conflict of interest with the duties of the acting position. Any
questions concerning possible financial conflicts of interest should be
referred to the Office of the General Counsel, Ethics Division.

**Exhibit A** **Sample of a "Non-reimbursable Detail"Agreement**

INTERAGENCY AGREEMENT BETWEEN

FOR

NON-REIMBURSABLE DETAIL ASSIGNMENT\
BETWEEN

U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES (HHS)

AND

THE U.S. DEPARTMENT OF STATE (DOS)

I.  [PURPOSE]{.underline}

A. This Memorandum of Agreement (MOA) sets forth the agreement between
the DOS and the HHS regarding the non-reimbursable detail of John Doe.
The employee will be detailed to the IRMO.

B. For the duration of the detail, the employee will be duty stationed
in a temporary duty (TDY) capacity at the U.S. Mission to Iraq. At the
conclusion of this detail, the employee will return to HHS.

II\. [BACKGROUND AND AUTHORITIES]{.underline}

A.  The Iraq Reconstruction Management Office (IRMO) is a temporary
    organization within the State Department whose purpose is to assist
    with transition in Iraq.

B.  Under 5 USC 3161 (c), temporary organizations may receive
    non-reimbursable details for the purpose of carrying out their
    duties.

C.  The authorities for this detail are National Security Presidential
    Directive (NSPD) 36, (May 11, 2004)) and 5 USC 3161.

D.  In NSPD #36, the President directed the heads of U.S. departments
    and agencies to provide details on a non-reimbursable basis to
    accomplish U.S. activities in Iraq.

III\. [SCOPE OF THE WORK]{.underline}

During the detail John Doe will report to the designated IRMO section
chief or the Deputy Director of IRMO, as applicable. The supervisor
shall be responsible for developing his work requirements and for rating
his performance in accordance with the applicable HHS policies. The
Deputy Director or Director of IRMO will review Mr. Doe's performance,
and HHS may also review and comment on both the work requirements and
performance review, which will be sent to HHS for inclusion in his
official personnel folder.

IV\. [DURATION OF AGREEMENT]{.underline}

This agreement will become effective when signed by all parties and will
last for one year. This MOA may be extended by written agreement of both
parties to the period of extension, but will not exceed two years.
Either party may terminate this agreement by providing 30 days written
notice to the other party. This agreement is subject to the availability
of funds.

V. [RESPONSIBLE OFFICERS]{.underline}

The contact for HHS is:

John Doe, II, Senior Human Resources Specialist

Department of Health and Human Services, Office of the Secretary

200 Independence Avenue, S.W., Room 300E

Washington, DC 20201

Phone: (202) 690-XXXX; Fax: (202) 690-XXX; Email: John.Doe@hhs.gov

The contact for DOS is:

John Doe, III, Program Analyst

Department of State

One Penn Center

2601 North 3^rd^ Street

Harrisburg, PA 17110

Phone: (717) 717-XXXX; Fax: (717) 783-XXXX; Email: John.Doe@dos.gov

The parties agree that if there is a change regarding the information in
this section, the party making the change will notify the other party in
writing of such change.

VI\. [FUNDS:]{.underline} In FY 2008, it is not anticipated that there
will be any cost allocation for this assignment.

VII\. [RESPONSIBILITIES OF THE PARTIES]{.underline}

A.  Time and Attendance for Mr. John Doe, Health Administrator,
    GS-601-15, \$121,621 will

be maintained by the DOS and the HHS. Ms. Jane Doe, the DOS timekeeper,
will report Mr. Doe's time and attendance to Ms. Jane A. Doe, the HHS
timekeeper, telephone (202) 690-XXXX, facsimile (202) 690-XXXX, on a
biweekly basis and will advise the HHS of the type and amount of any
leave used during that period.

B. Employee Evaluations. Upon the request by the HHS, using the
performance plan issued to Mr. Madison, the DOS will provide in writing
a descriptive evaluation of Mr. Doe's performance and submit it to the
HHS no later than December 31 of the calendar year or earlier if the
detail ends prior to that date.

C. DOS agrees to perform the following additional responsibilities:
provide technical and operational support to Mr. Doe for all DOS
activities; provide office space and administrative support to Mr. Doe
while assigned to DOS.

VIII\. [OTHER PROVISIONS]{.underline}

Should disagreement arise on the interpretation of the provisions of
this agreement, or amendments and/or revisions thereto, that cannot be
resolved at the operating level, the area(s) of disagreement shall be
stated in writing by each party and presented to the other party for
consideration. If agreement on interpretation is not reached within
thirty days, the parties shall forward the written presentation of the
disagreement to respective higher officials for appropriate resolution.

Under the Inspector General Act of 1978, as amended, 5 USC App. 3, a
review of this agreement may be conducted at any time. The Inspector
General of the Department of Health & Human Services, or any of his or
her duly authorized representatives, shall have access to any pertinent
books, documents, papers and records of the parties to this agreement,
whether written, printed, recorded, produced, or reproduced by any
mechanical, magnetic or other process or medium, in order to make
audits, inspections, excerpts, transcripts, or other examinations as
authorized by law.

Nothing herein is intended to conflict with current HHS or DOS
directives. If the terms of this agreement are inconsistent with
existing directives of either of the agencies entering into this
agreement, then those portions of this agreement which are determined to
be inconsistent shall be invalid; but the remaining terms and conditions
not affected by the inconsistency shall remain in full force and effect.

At the first opportunity for review of the agreement, all necessary
changes will be accomplished by either an amendment to this agreement or
by entering into a new agreement, whichever is deemed expedient to the
interest of both parties.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Deputy
Assistant Secretary for Human Resources

U.S. Department of Health & Human Services\
200 Independence Avenue, S.W.

Washington, DC 20201

> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> Human Resources Director
>
> Department of State
>
> One Penn Center
>
> 2601 North 3^rd^ Street
>
> Harrisburg, PA 17110

**Exhibit B Sample "Reimbursable Detail" Agreement**

INTERAGENCY AGREEMENT

PURSUANT TO THE ECONOMY ACT

THROUGH WHICH THE DEPARTMENT OF DEFENSE (DOD)

IS PURCHASING BIOTERRORISM AND HEALTH PREPAREDNESS SERVICES

FROM THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES

 \
I. [PARTIES]{.underline}

This document constitutes an agreement between the HHS and the
Department of Defense regarding the reimbursable detail of Dr. John Doe.

 

II\. [BACKGROUND]{.underline}

DOD has established a workgroup to address specific bioterrorism issues.

This Memorandum of Understanding (MOU) establishes an agreement between
the Department of Defense and the Department of Health and Human
Services where DOD will pay HHS for the detail of Dr. John Doe,
Biologist, GS-401-14, who will assist with biodefense, chemical
countermeasures, radiological and nuclear countermeasures, international
homeland security issues, standards, social and behavioral sciences
relevant to homeland security issues.

Dr. Doe has served as a member of the Homeland Security Council and has
assisted with numerous policy decisions that impacts critical
infrastructure protection. His expertise will great assist our efforts.

 

III\. [AUTHORITY]{.underline}

The authority for DOD and HHS to enter into this agreement is:

The Economy Act, 31 USC § 1535, which provides that an agency may place
an order with a major organizational unit within the same agency or
another agency for goods or services.

IV\. [ECONOMY ACT FINDINGS]{.underline}

As set forth in the attached \"Determinations and Findings Pursuant to
48 CFR 17.503,\" the DOD warrants that sufficient funding amounts are
available, that this agreement is in the best interest of the United
States Government, and that the services requested cannot be provided by
contract as conveniently or cheaply by a commercial enterprise.

V. [RESPONSIBILITIES OF THE PARTIES]{.underline}

Dr. Doe will be detailed for one year beginning October 1, 2007 to be
concluded September 30, 2008. DOD will reimburse HHS all salary costs,
travel and administrative costs associated with Dr. Doe's detail.

A. Time and Attendance for Dr. Doe, Biologist, GS-401-14, \$106,331 will
be maintained by DOD, Office of the Administrator and the HHS. Ms. Jane
Doe the DOD timekeeper will report Dr. Doe's time and attendance to
Jayne Doe, the HHS timekeeper, at (202) 690-XXXX, fax (202) 690-XXXX on
a biweekly basis and will advise the HHS of the type and amount of any
leave used during that period.

B. Employee Evaluations. Upon the request by the HHS, using the
performance plan issued to Dr. Doe the DOD will provide in writing a
descriptive evaluation of Dr. Doe's performance and submit it to the HHS
no later than October 31, 2008.

C. DOD agrees to perform the following additional responsibilities:
provide technical and operational support to Dr. Doe for all DOD
activities; provide office space and provide administrative support to
Dr. Raymond while assigned to DOD.

 VI. TRANSFER [OF FUNDS]{.underline}

HHS will be reimbursed on a quarterly basis up to the amount of
\$32,000.00.

The appropriation out of which DOD will pay for these services is:
96820DRM08. These funds expire on September 30, 2009.

 

VII\. [CONTACTS]{.underline}

The contact for HHS is:

Jayne Doe, SR Human Resources Specialist

Department of Health and Human Services, Office of the Secretary\
200 Independence Avenue, S.W., Room 300\
Washington, DC 20201\
Phone: (202) 690-XXXX; Fax: (202) 690-XXXX; Email: Jayne.Doe@hhs.gov

The contact for DOD is:

Jane Doe, Program Analyst\
Department of Defense, Office of the Administrator

111 Pennsylvania Avenue

Washington, DC 20201\
Phone: (202) 690-XXXX; Fax: (202) 690-XXXX; Email: Jane.Doe@dod.mil

The parties agree that if there is a change regarding the information in
this section, the party making the change will notify the other party in
writing of such change.

VIII\. [DURATION OF AGREEMENT, AMENDMENTS AND MODIFICATIONS]{.underline}

This agreement will become effective when signed by all parties. The
agreement will terminate on September 30, 2008 but may be amended at any
time by mutual consent of the parties.

IX\. [RESOLUTION OF DISAGREEMENTS]{.underline}

Nothing herein is intended to conflict with current HHS or DOD
directives. If the terms of this agreement are inconsistent with
existing directives of either of the agencies entering into this
agreement, then those portions of this agreement which are determined to
be inconsistent shall be invalid, but the remaining terms and conditions
not affected by the inconsistency shall remain in full force and effect.
At the first opportunity for review of the agreement, all necessary
changes will be accomplished either by an amendment to this agreement or
by entering into a new agreement, whichever is deemed expedient to the
interest of both parties.

Should disagreement arise on the interpretation of the provisions of
this agreement, or amendments and/or revisions thereto, that cannot be
resolved at the operating level, the area(s) of disagreement shall be
stated in writing by each party and presented to the other party for
consideration. If agreement on interpretation is not reached within
thirty days, the parties shall forward the written presentation of the
disagreement to respective higher officials for appropriate resolution.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Deputy Assistant Secretary for Human Resources

U.S. Department of Health & Human Services\
200 Independence Avenue, S.W.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Human Resources Director

Department of Defense

111 Pennsylvania Ave, Suite 200

Washington, DC 20201

Washington, DC 20201

XI\. [DETERMINATIONS AND FINDINGS PURSUANT TO]{.underline} [48 CFR
17.503]{.underline}

DOD warrants:

\_\_X\_\_ that sufficient funding amounts are available;

\_\_X\_\_ that this agreement is in the best interest of the United
States Government; and

\_\_X\_\_ that the services requested cannot be provided by contract as
conveniently or inexpensive by a commercial enterprise.

It has been determined that this Economy Act order:

\_\_X\_\_ does not require contracting action by the servicing agency.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
Andrew Edward

Contracting Officer

Department of Defense