Contractor Employees in the Federal Workplace

With the continued downsizing and contracting out of the Federal workforce comes a reliance on more contractors to accomplish the mission--without contractors we could not meet our mission requirements. Today, many of our contractors are former Government workers—friends and coworkers that we have interacted with for years. However, therein lies a danger—contract employees are not Government employees and are not entitled to the same benefits enjoyed by Government employees. We have a tendency to treat all coworkers as part of the “team;” however, Government employees must remain aware of certain limitations and restrictions in their treatment of contract employees.

Some danger areas include:

• The Government has mandatory training requirements for the Prevention of Sexual Harassment (POSH), and Consideration of Others (CO2). It is improper to send contractor employees to these types of training unless provided for in the contract. The contractors should have their own training programs and by training Government and contract employees together, it may appear that we are treating both types of employees the same without regard to contract requirements.

• Government employees may not train contractor employees unless provided for in the contract. Each contract requires contractor employees to come to work fully qualified to meet the contract requirements assigned to them by the contractor. Government employees sometimes take on the contractor’s responsibility by attempting to provide basic training to contract employees. This relieves the contractor of the responsibility to assure contractor employees are properly trained to perform the duties outlined in the contract and transfers the cost of such training to the Government. This amounts to the Government assuming management responsibilities properly assigned to the contractor.

• Requesting or allowing contractor personnel to perform duties outside the statement of work (SOW) can result in the contract agreement being considered a personal services contract—a violation of the Federal Acquisition Regulation. It also makes the Government vulnerable to additional charges by the contractor for performing duties not covered in the SOW. If management has any questions pertaining to a contractor’s ability to do a particular job, the request must be presented to the Contracting Officer’s Representative (COR).

• Every year organizations host social events, birthday parties and organizational days. Some supervisors feel it necessary to invite contractors to these events and pay them to go in keeping with the “team” spirit. This practice may result in the improper expenditure of tax dollars. The contract defines the duties of the contractor and the money to which the contractor is entitled as a result of performing those duties. No contract authorizes contractor employees to attend such functions at Government expense. Although contractor employees may attend such functions, the Government cannot pay the contractor for the time spent at the event. It would be prudent to consult the COR and ethics counselor before inviting contractor employees to a function during duty hours.

• Government employees may not solicit contributions from contractor employees even for Government sponsored campaigns such as the Combined Federal Campaign (CFC). Although contractor personnel may contribute to the CFC if they so desire, they should not be routinely presented with the pamphlet and pledge card—this action would constitute solicitation. These items should only be provided when a contract employee specifically requests them. Government employees also may not solicit contractor personnel for any contributions for farewell gifts or other special occasion gifts for Government employees.

• On some occasions, a Government employee is recognized with an award for outstanding performance or accomplishment. In many instances, contractor employees who work side by side with Government employees also perform in an outstanding manner. Government supervisors may wish to similarly recognize contractor employees with awards. However, contractor employees are not eligible for the honorary or monetary awards that can be given to Government employees. They are only eligible for certain public service awards. A letter of appreciation could also be written to a contractor's employer in recognition for a job well done. Any proposed public service award or letter of appreciation for a contractor employee should always be coordinated with the contracting officer's representative.

Contractor employees owe their loyalty to their employer, not to the Government. That is the way it is supposed to be. To manage a system whereby the loyalty is shifted is improper. It is natural to try to give the same rights and benefits granted to Government employees to contract employees doing the same or similar work. We tend to overlook the differences, especially when these contract employees have been former Government coworkers or friends or have been contractor employees longer than we can remember. Contractor employees are an essential part of the Government workforce team. However, we must remain aware of the contract employees’ responsibilities and limitations when dealing with them. If you are unsure of a particular situation, contact your ethics counselor for guidance.

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References: Federal Acquisition Regulation (FAR), Joint Ethics Regulation (JER) and AR 672-20, Incentive Awards

From the Desk of the IG