**PART WBR 1437**

**SERVICE CONTRACTING**

**Last Updated: ET 06-04, Supplement 1 (10/26/05)**

**TABLE OF CONTENTS**

**SUBPART WBR 1437.1 \-- SERVICE CONTRACTS \-- GENERAL**

WBR 1437.112 Government use of private sector temporaries.

WBR 1437.112-80 Reclamation procedures

**SUBPART WBR 1437.2 \-- ADVISORY AND ASSISTANCE SERVICES**

WBR 1437.204 Guidelines for determining availability of personnel.

**[WBR 1437.6 -- Performance-Based Contracting]{.mark}**

[WBR 1437.600-80 Reclamation Procedures]{.mark}

[WBR 1437.600-801 Determination and Findings for Not Using
Performance-Based Contracting.]{.mark}

> []{.mark}

**SUBPART WBR 1437.71 \-- INFORMATION COLLECTION SERVICES**

WBR 1437.7102 Policy and procedures

**SUBPART WBR 1437.80 \-- TRAINING SERVICES**

WBR 1437.8000 Scope of subpart.

WBR 1437.8001 Authority

WBR 1437.8002 Policy

WBR 1437.8003 Procedures

###### *SUBPART 1437.81 -- SECURITY REQUIREMENTS*

WBR 1437.8100 Scope of subpart

WBR 1437.8101 Authority

WBR 1437.8102 Procedures

WBR 1437.8103 Contract Clause

**SUBPART WBR 1437.1 -- SERVICE CONTRACTS - GENERAL**

**WBR 1437.112 Government use of private sector temporaries.**

**WBR 1437.112-80 Reclamation procedures.**

\(a\) *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.
>
> \(c\) *Contract requirements*. (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 22.10.
>
> \(2\) 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]{.mark}**

[]{.mark}

**[WBR 1437.600-80 Reclamation procedures]{.mark}**

[]{.mark}

**[WBR 1437.600-801 Determination and Findings for Not Using
Performance-Based Contracting.]{.mark}**

> []{.mark}

[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.]{.mark}

**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
February 25, 1999 (expiration date February 15, 2002) 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 in compliance 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 it relates 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 Manager's or Reclamation Security Officer's (or appropriate
regional Security Officer's) 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]{.underline}](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). A
reinvestigation shall be required only if the Contractor or the
Government believes that individual's continued ability to meet the
contract's minimum standards for a moderate 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 CO's 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 Clause.**

The CO shall insert the clause at [WBR 1452.237-80, Security
Requirements, Information
Technology](http://www.usbr.gov/pmts/acquisitions/RAR/1452p3.html#anchor55056)***/***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).