(a) In addition to the requirements set forth in § 1-627.05, the requirements in this section shall apply to all written agreements in which an employee of a private sector organization is assigned to work for a District government agency.
(b) Prior to entering into an agreement to assign a private sector employee to a District agency, the head of the agency shall prepare a written determination and findings explaining why the agency cannot use other District government personnel or procurement policies or procedures to secure the professional services that would be provided through the agreement. The head of the District agency shall not enter into an agreement for interagency personnel exchange with a private sector organization unless the Director of Personnel (or the Chief Technology Officer, in the case of the Office of the Chief Technology Officer) or the independent personnel authority certifies in writing that the agency has exhausted every effort to recruit its human resource needs through standard recruitment practices or fill its professional needs through standard procurement procedures without success. The Director of Personnel (or the Chief Technology Officer, in the case of the Office of the Chief Technology Officer) or the independent personnel authority shall retain a copy of the determination and findings as part of the official file for the agreement.
(c) The agreement which contains the terms and conditions for the payment or reimbursement of salary, benefits, and other expenses to the private sector organization shall provide that:
(1) The private sector organization shall not receive compensation in a manner to earn a profit from the assignment of its personnel to the District agency;
(2) An individual assigned to the District government from a private sector organization may receive compensation and fringe benefits equal to those he or she would have received from the private sector organization in the absence of the assignment to the District agency and in no event shall the individual receive greater compensation or fringe benefits than he or she would have received from the private sector organization in the absence of the assignment to the District agency; and
(3) The District agency shall reimburse the private sector organization by paying for the documented salary; the cost of applicable fringe benefits including payroll taxes, social security, unemployment insurance, worker's compensation insurance, heath insurance, pensions, Federal Insurance Contributions Act payments; and general and administrative costs calculated in accordance with subsection (f) of this section, except that in the case of the Office of the Chief Technology Officer, general and administrative costs shall include reasonable overhead costs and shall be calculated by the Chief Technology Officer (as determined under such criteria as the Chief Technology Officer independently deems appropriate subject to the review of the City Administrator, including a consideration of standards used to calculate general, administrative, and overhead costs for off-site employees found in Federal law and regulation and in general private industry practice).
(d) The private sector organization shall certify the accuracy of the cost of the salary, fringe benefits, and general and administrative costs included in the reimbursement agreement. The District agency shall reserve the right to audit those costs under the circumstances and methods it deems appropriate.
(e) A former District government employee shall be prohibited, for a period of 2 years after his or her separation from District government employment, from participating in a personnel exchange agreement between the District government and a private sector organization.
(f) Not later than 45 days after the end of each fiscal year (beginning with fiscal year 2002), the Chief Technology Officer shall prepare and submit to the Council and to the Committees on Appropriations of the House of Representatives and Senate a report describing all agreements entered into by the Chief Technology Officer under this section which are in effect during the fiscal year.
(g) Within 90 days of April 28, 2001, the Director of Personnel shall issue regulations governing the allowable reimbursement of general and administrative costs for the employees of private sector organizations assigned to work for a District agency. In developing the regulations, the Director of Personnel shall review standards used to calculate general and administrative costs for off-site employees found in federal law and regulation, and District of Columbia procurement regulations, and shall incorporate those standards into the implementing regulations for this title as the Director deems appropriate.
(h) For the purpose of this section, the term:
(1) “General and administrative costs” means any management, financial, or other expense which is incurred by or allocated to a business unit and which is for the general management and administration of the business unit as a whole.
(2) “Off-site employee” means an employee who is detailed or assigned to the work site of another organization.
CREDIT(S)
(Mar. 3, 1979, D.C. Law 2-139, § 2706, as added, Apr. 28, 2001, D.C. Law 13-296, § 2, 48 DCR 2072; Dec. 21, 2001, 107 Stat. 948, Pub. L. 107-96, § 111(b).)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
Pub. L. 107-96, in subsec. (b), inserted “(or the Chief Technology Officer, in the case of the Office of the Chief Technology Officer)” following “Director of Personnel”; in subsec. (c)(3), inserted “, except that in the case of the Office of the Chief Technology Officer, general and administrative costs shall include reasonable overhead costs and shall be calculated by the Chief Technology Officer (as determined under such criteria as the Chief Technology Officer independently deems appropriate subject to the review of the City Administrator, including a consideration of standards used to calculate general, administrative, and overhead costs for off-site employees found in Federal law and regulation and in general private industry practice)”; redesignated former subsec. (f) as (g); and inserted new subsec. (f).
Emergency Act Amendments
For temporary (90 day) addition of section, see § 2 of the District Government Personnel Exchange Agreement Emergency Amendment Act of 2000 (D.C. Act 13-595, February 9, 2001, 48 DCR 2436).
Legislative History of Laws
Law 13-296, the “District Government Personnel Exchange Agreement Amendment Act of 2000”, was introduced in Council and assigned Bill No. 13-896, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on December 5, 2000, and December 19, 2000, respectively. Signed by the Mayor on January 24, 2001, it was assigned Act No. 13-593 and transmitted to both Houses of Congress for its review. D.C. Law 13-296 became effective on April 28, 2001.
Miscellaneous Notes
Section 111(c) of Pub. L. 107-96, 115 Stat. 948, provides:
“(c) The authority which the Chief Financial Officer of the District of Columbia exercised with respect to personnel, procurement, and the preparation of fiscal impact statements during a control period (as defined in Public Law 104-8) shall remain in effect through July 1, 2002.”