U. S. Department of Commerce

IT Exchange Program (ITEP) Agreement

Establishing a Non-Reimbursable Detail Assignment

I. PARTIES

This document constitutes an agreement between <name of operating unit>of the U.S. Department of Commerce, <name of private-sector firm>, and <detailee’s name>, an employee of <contributing organization’s name>, as detailed below:

II. AUTHORITIES

<name of operating unit> has authority to participate in this ITEP Detail Agreement under Chapter 37 of Public Law 107-347, “The e-Government Act of 2002,” as implemented by 5 CFR 370, “Information Technology Exchange Program.”

<name of private-sector organization> has authority to participate in this ITEP Detail in that it is a for-profit firm registered in the Central Contractor Registration Database as required by the Federal Acquisition Regulations, Part 4, Subpart 4.11.

<Detailees’ name> is authorized to participate in the ITEP program by of virtue of being a full-time employee of <contributing organization>, in the position of <detailee’s job title>, and meeting all other eligibility requirements of the IT Exchange Program, including the citizenship requirements for federal employment in accordance with 5 CFR 7.3 and 338.101

III. DETAIL DESCRIPTION AND DURATION

A. Purpose of Detail

Describe here the goals or objectives of the detail and the nature of the duties/project/work to be completed. Relate the goals and objectives to a program goal of the DOC operating unit and one of DOC’s high-level strategic goals.

B. Duration of Detail

This detail will commence on <begin date> and will continue until <end date>. Upon the request of <receiving organization>and concurrence of <contributing organization>and <detailee’s name>, this detail may be extended for a period of time not to exceed <number of days>days. Any such request for extension must be received and executed by <contributing organization> no later than December 17, 2007.

C. Termination

This detail may be terminated by <receiving organization>, <contributing organization>, or the detailee for any reason at any time.

IV. OBLIGATIONS AND RESPONSIBILITIES OF THE PARTIES

A. Detailee

1. Individual Development Plan

This detail of <detailee’s name> to <receiving organization> will serve to enhance <his/her> technical skills in the core IT competencies of <describe the core IT competencies and technical skills that the detailee will be expected to enhance>. The enhancement of theses competencies will take place through <describe the types of assignments and training opportunities if applicable) that will enhance the detailee’s core IT competencies>.

2. Close-out Reporting and Evaluation

At the conclusion of this detail, <detailee’s name> will prepare, and provide to <contributing organization> and <receiving organization>, a written report and evaluation of the detail, specifically addressing results of the detail, the benefits actually gained, and whether any changes are suggested for future ITEP details.

3. Continued Service Requirements

By signing this agreement, <detailee’s name> agrees that at the conclusion of the detail to <receiving organization>, that <he/she> will return to federal service in <contributing organization> for a period not less than the length of the detail, including all extensions. If <detailee’s name> voluntarily separates from Commerce and the federal service before successfully completing the required period of service, except for good and sufficient reason as determined by the head of <contributing agency>, <he/she> agrees that <he/she> will reimburse Commerce for any expenses associated with the detail assignment.

B. Contributing Organization

1. Re-entry rights

<contributing organization> and <detailee’s name> agree that, at the conclusion of this detail, <detailee’s name> will return to <his/her> position of record within <contributing organization>, or will be reassigned to a position of like grade and pay.

C. Receiving Organization

1. Supervision of Detailee

<detailee’s name>’s supervisor of record is <detailee’s supervisor’s name> of <contributing organization>. Administrative coordination of <detailee’s name>’s activities will be provided by < administrative coordinator’s name (or position) within the receiving organization>. Administrative coordination will be provided in terms of <describe the type of coordination that will be provided; specific tasks, general technical guidance, or policy direction>.

2. Time and Attendance

<Detailee’s name> will record <his/her> time and attendance in accordance with the normal procedures in place within <contributing organization>. <Receiving organization> will report <detailee's name> time, attendance, and leave usage, via telephone, fax, or e-mail, to <detailee’s supervisor’s name> on a bi-weekly basis.

3. Employee Evaluations

The work performed by <detailee’s name> will be reviewed and considered in <his/her> annual performance appraisal. <detailee’s name’s> supervisor of record during this detail will develop applicable performance criteria and communicate the criteria to <detailee’s name> within 30 days of the effective date of this agreement. The supervisor of record may consider input from the <contributing organization> administrative coordinator concerning <detailee’s name> performance during the detail.

4. Technical, Operational, and Administrative Support

a) Travel and Transportation

All official travel performed by <detailee’s name> will be arranged by the <DOC operating unit> in accordance with the Federal Travel Regulation (FTR).

5. Close-out Reporting and Evaluation

At the conclusion of this detail, <receiving organization> will prepare, and provide to <contributing organization>, a written report and evaluation of the detail, specifically addressing results of the detail, the benefits actually gained, and whether any changes are suggested for future ITEP details.

6. Discrimination/Harassment Prohibited by Federal Law

<name of private sector organization> understands that the Department of Commerce does not tolerate discrimination and/or harassment based on sex, race, color, national origin, age, religion, disability or reprisal, which is prohibited by Federal law. Throughout the duration of the detail, <name of private sector organization> is responsible for maintaining a work place for <name of detailee> which is free from prohibited discrimination and/or harassment.

In the event that <name of detailee> alleges that <he or she> has been subjected to unlawful discrimination and/or harassment during the course of the detail, <name of private sector organization> agrees to cooperate fully in any investigation conducted by the Department of Commerce relating to those allegations

V. APPORTIONMENT OF COSTS

A. Salary Costs

<contributing organization> will contribute <enter percentage>% of <detailee’s name’s> salary and <receiving organization> will contribute <enter percentage>.

B. Overtime Costs

<receiving organization> will bear the cost of any overtime worked by <detailee’s name> during the detail assignment period. The overtime, however, will be recorded under the <contributing organization> time and attendance system and <receiving organization> will reimburse <contributing organization> for the cost of the overtime. All overtime worked by <detailee’s name> in the course of this detail must be ordered and approved in advance by <detailee’s name’s> supervisor of record.

C. Benefits Costs

All employee benefits costs will be borne by <contributing organization>.

D. Travel and Transportation

All official travel and transportation expenses incurred on behalf of <detailee’s name> will be paid by the <DOC operating unit> in accordance with the FTR, and <receiving organization> will reimburse <contributing organization> for all such travel and transportation costs.

VI. OTHER PROVISIONS

Use either (for federal employees):

Under the terms of 5 CFR 370.106 “Terms and Conditions,” <detailee’s name>, while serving in this detail:

1. Remains a federal employee without the loss of employee rights and benefits attached to that status. These include, but are not limited to:

(a) Consideration for promotion;

(b) Leave accrual;

(c) Continuation of retirement benefits and health, life, and long-term care insurance benefits; and

(d) Pay increases <he/she> would have received if <he/she> had not been detailed.

2. Remains subject to all Federal laws applicable to Commerce employees.

3. Remains covered for purposes of the Federal Tort Claims Act, and for purposes of injury compensation as described in 5 U.S.C. chapter 81; and

4. Is subject to any action that may impact <his/her> position while <he/she> is detailed.

Or (for private-sector employees):

Under the terms of 5 CFR 370.106 “Terms and Conditions,” <detailee’s name>, while serving in this detail:

1. Is deemed to be an employee of the Department of Commerce for purposes of:

(a) Title 5, United States Code, chapter 73 (suitability, Security, and Conduct);

(b) Title 18, United States Code, section 201 (Bribery of Public Officials and Witnesses), section 203 (Compensation to Members of Congress, Officers, and Others in Matters Affecting the Government), section 205 (Activities of Officers and Employees in Claims Against and Other Matters Affecting the Government), section 207 (Restrictions on Former Officers, Employees, and Elected Officials of the Executive and Legislative Branches), section 208 (Acts Affecting a Personal Financial Interest), section 209 (Salary of Government Officials and Employees Payable Only by the United States), section 603 (Making Political Contributions), section 606 (Intimidation to Secure Political Contributions), section 607 (Place of Solicitation), section 643 (Accounting Generally for Public Money), section 654 (Officer or Employee of the United States Converting Property of Another), section 1905 (Disclosure of Confidential Information Generally), and section 1913 (Lobbying with Appropriated Moneys);

(c) Title 31, United States Code, section 1343 (Buying and Leasing Passenger Motor Vehicles and Aircraft), section 1344 (Passenger Carrier Use), and section 1349(b), (Adverse Personnel Actions);

(d) The Federal Tort Claims Act and any other federal tort liability statute;

(e) The Ethics in Government Act of 1978;

(f) Internal Revenue Code of 1986, section 1043 (Sale of Property to Comply with Conflict of Interest Requirements); and

(g) Title 41, United States Code, section 423 (Prohibition on Former Official’s Acceptance of Compensation from Contractor).

2. Does not have any right or expectation for federal employment solely on the basis of <his/her> detail;

3. May not have access to any trade secrets or to any other nonpublic information that is of value to <contributing organization>.

4. Is subject to such regulations as the President may prescribe; and

5. Is covered by 5 U.S.C. chapter 81, Compensation for Work Injuries, as provided in 5 U.S.C. 3704(c).

VII. CERTIFICATIONS

A. Detailed Employee

In signing this agreement, I certify that I understand the terms of this agreement and agree to those terms, and the rules, regulations, and policies described herein.



Signature Date

B. Office of Human Resources Concurrence

In signing this agreement, we certify that:

(1) This detail assignment and this agreement comply with the ITEP as prescribed in law, regulation, and Department of Commerce policy;

(2) The detail assignment meets the IT workforce development provisions of the E-Government Act of 2002 (Public Law 107-347 §209(b));

(5) At the completion of this detail assignment the detailed employee will be returned to either the position <he/she> occupied at the time this detail agreement was entered into or a position of like seniority, status, and pay.

C. Approving Officials

In signing this agreement, we certify that:

(1) The detail assignment is being entered into to serve a sound, mutual public purpose and not solely for the employee’s benefit;

(2) The detailed employee is expected to assume increased information technology management responsibilities in the future; and