OFFICE OF RESEARCH AND DEVELOPMENT GENERAL NOTICE NO. 42 PERSONAL SERVICES CONTRACTS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP88B00553R000100170034-4
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 3
• Document Creation Date: November 11, 2016
• Document Release Date: January 7, 1998
• Sequence Number: 34
• Content Type: REGULATION

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OFFICE OF RESEARCH AND DEVELOPMENT
GENERAL NOTICE NO. 42
PERSONAL SERVICES CONTRACTS
1. The purpose of this notice is to promulgate Office policy with
regard to the employment of contract personnel. Conditions specified by
Headquarters Handbook 20-12 must also be met.
2. Definitions
There are two principal categories of contract personnel. They
are as follows:
a. Contract Employees. Although contract employees are not
staff personnel of the Agency, they are employees of the Government
and have rights, benefits and privileges available to such employees
as defined by law and specified in their contracts. They work under
generally supervised and controlled conditions and are compensated
on a salary basis. A contract employee requires approval from the
Office of Security prior to being brought on board. Each contract
employee will be charged against assigned ceiling allocation on a
one-for-one basis regardless of the number of hours worked or the
level. of compensation.
b. Independent Contractors. Independent contractors are not
employees of the Agency. They are engaged under contract to provide
specified personal services. They receive only the compensation
and benefits which are considered necessary to obtain their services
and which are specified in their contracts. Reimbursement is normally
on a fee-per-task basis and the tasks are spelled out by the technical
officer. Security approval is required.
3. Processing Contracts
a. General. ORD personnel shall make no commitments whatsoever,
actual or inferred, prior to review and approval by D/ORD of the
proposed action in order to avoid misunderstandings and legal problems
which may arise.
GROUP I
Excluded from automatic
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GENERAL NOTICE NO. 42 (continued)
b. Reimbursement - Personal Services. The fee paid on a
personal services contract must be on a task basis with the task
clearly defined by the technical officer. A written description
of the task should be retained in the division file and one copy
should be sent to the Support Staff/ORD to be included in the
individual's contract file. Reimbursement for the task should
be negotiated on the basis of a single fee per task even though
consideration may be given to computing the fee on a dollars-
per-hour basis. At the completion of the task a memorandum should
be prepared outlining the task and evaluating the performance of
the contractor on that task. The memorandum should be attached
to the voucher requesting payment for the task.
c. Total Reimbursement. The estimated cost of a personal
services contract must include travel and operational expenses.
The contract itself will show so many dollars per task and will
state that operational and travel expenses will be paid. The
estimate of total cost is necessary in order to more accurately
allocate the funding required.
d. Procedures. After an understanding of the work and
compensation has been reached, the ORD Personnel Officer will
complete Form 204, "Contract Information and Check List," and
forward it to the Office of Personnel in accordance with the
instructions contained in HHB 20-12, Paragraph 11.
A U.S. Government civilian annuitant may not be employed as
a contract employee nor as an independent contractor (personal services)
without approval by the DD/S&T and the Director of Personnel. The
reimbursement of such an annuitant employed in a contract employee-type
situation will depend upon his annuity and the contract will be written
so that the annuity plus fee will not exceed 90 per cent of the current
salary of the individual's grade and step at the time of his retirement.
Prior to any discussions with annuitants, the salary limit must be
established in order to avoid later pitfalls.
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GENERAL NOTICE NO. 42 (continued)
5. Security
An individual employed on a personal services contract does
not normally have access to classified files nor Agency installations.
If the individual is to have access to classified material, he must
be cleared by the Office of Security prior to establishment of the
contract. If the contractor is going to perform 11-LB work in the ORD
office areas, he must be approved by Security for the necessary
special clearances. If he is to have access to Agency installations,
appropriate arrangements must be made with the Security Officer/ORD
to obtain a Visitor-No-Escort (VNE) badge, if appropriate. This
will provide no-escort access to the Ames Building. The individual
with this badge should be permitted only in office areas designated
by the sponsoring division and the badge must not be issued until
the contract has been signed and becomes effective.
The possibility of conflict-of-interest must be avoided in
the utilization of contract personnel, either on a contract employee
or independent contractor basis. Agency regulations specifically
caution against even the appearance of a possibility of conflict.
Where questions of conflict arise, the situation must be cleared
through the Office of the General Counsel prior to consummating
the contract.
25X1A9a
Robert M. Chapman
Director of Research and Development
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