Attachment
J.1
PERSONNEL
APPENDIX
A.
Bargaining
Objectives
B.
Notification of Labor
Activity
C.
Allowable
Costs
D.
Reports
II.
LABOR
STANDARDS
A.
Requests for
Davis-Bacon Determinations of Coverage
B.
Job Site Audits and
Payroll Validation
C.
Recordkeeping
D.
Posters
E.
Request for Service
Contract Act Determination of Coverage
F.
Reports
III.
REDUCTIONS
IN CONTRACTOR EMPLOYMENT
A.
Workforce
Planning
B.
Involuntary Separations
C.
Displaced Worker Medical Benefit
D.
Discharge for Cause or Voluntary Resignation
E.
Completion of Term Appointment
A.
Objectives
B.
Job Evaluation/Job
Classifications/Salary Structure
C.
Employee Performance
Recognition Award Program
D.
Salary
Actions
E.
Compensation Increase
Plan
F.
Basis of
Payment
G.
Performance Evaluation
System
H.
Overtime
I.
Shift
Premiums
J.
Special
Allowances
K.
Uniform Allowance for
Fire and Security Officers
L.
Fire Department
Provisions - Overtime and Accrual Systems for Fire
Fighters and Fire Lieutenants
M.
Twelve Hour Shift
Provisions
A.
Benefit Value and Cost Comparison Studies
B. Value
Study Comparison Requirements
C. Group
Life and Accidental Death and Dismemberment
D.
Medical
E. Long
Term Disability
F.
Travel Insurance
G.
Dependent Life Insurance
H. Group
Dental
I.
Workers Compensation
J.
Post-Contractor Employee Benefit Costs
VI.
DOE
CONTRACTOR PENSION PLANS
A.
Plan
Conditions
B.
Contributions
C.
Eligibility
D.
Discontinuance,
Modification or Amendments
E.
Repurchase
F.
Termination of
Operations
G.
Terminating
Plans
H.
Annual
Reports
VII.
RISK
MANAGEMENT AND LIABILITY PROGRAMS
A.
Requirements
B.
Terminating Operations
C.
Successor Contractor or Insurance Policy
Cancellation
D.
Reports
VIII.
CONTRACTOR
WORKPLACE SUBSTANCE ABUSE PROGRAMS
A.
Requirements
B.
Reports
A.
Recreation and Morale
Benefits
B.
Health
C.
Employee Assistance
Program
D.
Day
Care
E.
Patent and Copyright
Awards
F.
Service
Awards
G.
Other
Awards
IX.
PROGRAM
INVOLVING EMPLOYEE ABSENCE FROM THE WORKPLACE
A.
Vacations
B.
Holidays
C.
Holiday
Pay
D.
Disability and Sick
Leave
E.
Other Excused
Absences
F.
Leave Without
Pay
G.
Part-time Leave of
Absence
XI. EMPLOYEE
TRAINING, EDUCATION AND DEVELOPMENT
XII. EMPLOYMENT
AND RECRUITMENT EXPENSES
A.
Employment and Recruiting Expenses
B.
Physics Program Appointments
XIII.
TRAVEL
XIV.
SPECIAL
PROFESSIONAL SERVICES
EXHIBIT II – JOB TITLES, GRADES AND SALARY SCHEDULES
[URA Business
Confidential]
PERSONNEL APPENDIX
This Personnel Appendix sets forth those contractor
human resource management policies, procedures, practices and those employee
related costs (e.g., salaries, fringe benefits, travel, relocation, etc.) deemed
reasonable and allowable for reimbursement when incurred in the performance of
the contract.
The Contractor shall select, manage, and direct the
work force, to maintain satisfactory standards for employee competency, conduct
and integrity, and be responsible for taking such action as may be necessary to
maintain such standards. The
Contractor shall use effective management review procedures and internal
controls to assure that all costs are allowable and that actions which require
prior approval of the Department of Energy (DOE) Contracting Officer or
designated representative are reviewed and approved prior to incurrence of
costs.
The Personnel Appendix is adopted for the exclusive
benefit and convenience of the Parties hereto and nothing contained herein shall
be construed as conferring any right or benefit upon past, present or future
employees of the Contractor, or upon any third party.
Either Party may request that this Personnel Appendix
be revised in accordance with the understandings outlined in Federal Acquisition
Regulations (FAR) 31.205-6, Department of Energy Acquisition Regulation (DEAR)
970.3102-05-6, and the parties hereto agree to give consideration in good faith
to any such request. The Contractor
will advise DOE of any proposed changes in any matters covered by these
policies, practices or plans, which relate to personnel costs. The personnel appendix may be modified
from time to time in writing by mutual agreement of the contractor and DOE
without execution of an amendment to the contract. Such modifications shall be
evidenced by execution of written numbered approval letters from the Contracting
Officer or his representative.
Modified pages will be issued reflecting such changes and will bear the
effective modification number and date of such changes in the upper left-hand
corner of each page.
The Contractor shall promptly furnish all reports and
information required or otherwise indicated in this Appendix to the Contracting
Officer or other Parties identified by the Contracting Officer. The Contractor
and the DOE recognize that other data requests may be made from time to time and
the parties agree to cooperate in meeting such requests.
The Contractor shall submit its written personnel
policies, procedures and practices and any revisions thereto that implement the
Personnel Appendix to the Contracting Officer for informational
purposes.
Should conflicts arise between the written provisions
of Appendix A of this contract and DOE 350.1, Appendix A will take
precedence.
A.
Bargaining Objectives
1.
The Contractor agrees
to develop and implement labor relations policies that will promote orderly
collective bargaining relationships, equitable resolution of disputes,
efficiency and economy in operations, and the judicious expenditure of public
funds.
2.
The Contractor will
inform the Contracting Officer of the progress of negotiations with the labor
unions and of their conclusion. During the term of labor contracts, the
Contractor will also inform the Contracting Officer of issues, which may have a
significant economic effect, may cause significant change from past work rules,
customs or practices, and of the outcome of make-or-buy
decisions.
B.
Notification of Labor Activity
The Contractor shall keep the Contracting Officer advised of significant
developments during any negotiation and shall promptly advise (within 24 hours)
the Contracting Officer of labor relations developments which involve or appear
to include such matters as:
·
Possible strike
situations or other job actions affecting the continuity of
operations,
·
Formal action of the
National Labor Relations Board or Federal Mediation and Conciliation
Service(copies of the Board correspondence shall be provided to the Contracting
Officer),
·
Recourse to procedures
under the Labor-Management Relations Act of 1947, as amended, or any other
Federal or State labor law,
·
Any grievance that is
potentially precedent setting or of anticipated high cost scheduled for
arbitration under a collective bargaining agreement that has the potential for
significant economic or other impact, or
·
Any significant issues
that may involve review by other Federal or State
agencies.
C.
Allowable Costs
Costs of wages, and benefits, afforded to employees
represented by collective bargaining units, not in excess of those provided in
the Collective Bargaining Agreements or afforded to all other Contractor
employees shall be allowable. All
other costs, such as expenses relating to the grievance processing and
settlements, arbitration and arbitration awards and other costs and expenses
incurred pursuant to the provisions of the Collective Bargaining Agreements and
revisions thereto are also allowable
D.
Reports
The Contractor will provide the Contracting Officer
with a settlement summary within 30 to 60 calendar days after formal
ratification of the collective bargaining agreement, using the "Report of
Settlement" form.
A.
Requests for Davis-Bacon Determinations of
Coverage
The Contractor agrees to request Davis-Bacon coverage
determinations from the Contracting Officer by submitting proposed work
authorizations for contracts in excess of $2,000 for construction, alteration,
or repair, including painting and decorating, of public buildings and public
works that involve the employment of laborers and
mechanics.
The Contractor agrees to accomplish the work tasks in
accordance with the labor standards determination.
B.
Job Site Audits and Payroll Validation
The Contractor agrees to ensure that subcontractors
comply with the Davis-Bacon Act and conduct payroll and job-site audits, as
requested or authorized by the Contracting Officer.
C.
Recordkeeping
The Contractor agrees to maintain accurate and
complete Davis-Bacon Act payrolls for 3 years from completion of contract for
construction work that is performed on site.
D.
Posters
The Contractor agrees to post in a prominent job-site
location the following Department of Labor Publications:
WH-1321, Notice to Employees Working on Federal or
Federally Financed Construction Projects
WH-1313, Notice to Employees Working on Government
Contracts
E.
Request for Service Contract Act Determination of
Coverage
The Contractor agrees to prepare Standard Form 98,
"Notice of Intention to Make a Service Contract and Response to Notice" for all
subcontracts subject to the Service Contract Act and forward them to the
Contracting Officer.
F.
Reports
The Contractor shall prepare and submit the
Davis-Bacon Semi-Annual Enforcement Report to the Contracting Officer by April
15 and October 15 of each year.
III.
REDUCTIONS IN CONTRACTOR EMPLOYMENT
A.
Workforce Planning
The Contractor will work with DOE to ensure that ongoing and effective
workforce planning takes place consistent with guidance provided by the Office
of Worker and Community Transition.
B.
Involuntary Separations
1.
The Contractor will advise the Contracting Officer of all
Reductions-In-Force prior to their initiation. A reduction-in-force action is a
separation of an employee (other than for cause) due to a planned action.
2.
The Contractor will provide unemployment insurance for Contractor
employees in accordance with the Illinois Unemployment Compensation
Act.
3.
In the event of a reduction in force, it is the intent of the Contractor
to provide two weeks notice to all employees impacted. In those instances where the Contractor
is unable to give timely notification, pay in lieu of this notice may be
given.
In addition to the notice provision, a non-exempt employee laid off by
the Contractor after completion of the entry probation period will be eligible
for severance pay based on the following schedule:
NON-EXEMPT SEVERANCE SCHEDULE
|
Less than 1 year |
2 weeks |
|
1 years to 5 years |
3 weeks |
|
5 years to 10 years |
5 weeks |
|
10 years to 15 years |
7 weeks |
|
15 years to 20 years |
9 weeks |
|
20 years to 25 years |
11 weeks |
|
25 years to 30 years |
13
weeks |
In addition to the notice provision, an exempt employee laid off by the
Contractor after completion of the entry probation period will be eligible for
severance pay based on the following schedule:
EXEMPT SEVERANCE SCHEDULE
|
Less than 1 year |
1 month |
|
1 year to 5 years |
2 months |
|
5 years to 10 years |
3 months |
|
10 years to 15 years |
4 months |
|
15 years to 20 years |
5 months |
|
20 years to 30 years |
6 months |
|
30 years to 35 years |
7
months |
Any employee who volunteers for layoff or retirement during a time period
in which the Contractor has an active reduction in force plan will be eligible
for severance pay provided the termination is accepted by Laboratory management
and results in the retention of an employee who otherwise would have been laid
off.
4.
No employee (1) who accepts transfer to another facility, subsidiary, or
affiliate of the Contractor, (2) who is offered employment at comparable pay and
benefits by a successor Contractor, (3) who resigns, or (4) who is discharged
for cause will be eligible for severance pay.
5.
The Contractor, to the extent practicable, shall provide outplacement
services to those employees who are involuntarily separated due to a layoff.
C.
Displaced Worker Medical Benefit
Employees placed on layoff status who have completed the entry probation
period are eligible for continued participation in the health benefits program
with premiums supplemented by the Contractor based on the following
schedule:
1.
First Year: The Contractor's
contribution for an active employee
2.
Second Year: One half of the
Contractor's Cobra premium
3.
Third and subsequent years:
Reasonable administrative costs that exceed the two percent
administrative fee paid by the displaced worker.
D.
Discharge for Cause or Voluntary Resignation
No severance pay will be given any employee who is discharged for
cause. Voluntary resignations are
not eligible for severance unless the provisions of III.B.3. are
applicable.
E.
Completion of Term Appointment
1.
A term employee whose appointment is not renewed or converted to a
continuing appointment at the end of the term shall be given no severance
pay.
2.
The Contractor may, however, pay travel in accordance with FAR 31.205-46
supplemented by DEAR 970.3102-05-46 and relocation expenses in accordance with
FAR 31.205-35 for the employee and family for return to point of origin (or for
an equivalent distance), when reimbursement of such expenses is provided for in
the terms of the employment agreement or required by law. When a term employee who has been
employed less than a year is involuntarily separated, approval of the Laboratory
Director is required for payment of these travel and relocation costs. No travel or relocation allowances will
be given to any term employee who is discharged for cause or voluntarily
resigns.
a.
The rules for business travel shall be applicable except that the per
diem rate for the employee's spouse and for each other member of the family over
six (6) years of age shall be three-fourths (3/4) of that of the employee, and
for each child six (6) years old or younger, it shall be one-half (1/2) that of
the employee.
b.
Relocation expenses shall be reimbursed in accordance with Section XIII,
Travel. Lease termination costs
(the costs necessarily incurred by the employee for terminating a residence
lease) may be reimbursed only with the approval of the Contracting
Officer.
F.
Changes to the Contractor's severance pay plan are subject to Contracting
Officer approval.
A.
Objectives
1.
The Contractor has developed and maintains a formal compensation program,
which will be appraised at least once during the term of the contract. Any modifications to compensation
program policies affecting reimbursable costs shall be submitted to the
Contracting Officer for approval and shall not be binding for reimbursement
purposes until approved by the Contracting Officer.
2.
The Contractor's objectives in the administration of compensation are to
provide compensation for each employee that will reflect the value of the
position to the Contractor and to relate salary increases to an individual's
performance.
3.
Within the limits of fiscal resources available annually, every effort is
made to maintain staff member compensation at levels that will attract and
retain a well-qualified and productive work force to successfully perform the
contract work. Salary structure
adjustments will be based upon measured market movement and the Contractor's
market position. Employee salary
increases must be based on merit for proficiency and effectiveness or external
or internal pay
equity.
4.
All positions administered under the Contractor's Salary Administration
Program will be evaluated and classified into job grades which reflect the
relative level of difficulty of the individual position determined by the
knowledge, skill, effort and responsibility of the
position.
5.
The Contractor will use its best efforts to comply with any special
compensation policies established by the Secretary of Energy affecting the
Contractor.
B.
Job Evaluation/Job Classifications/Salary
Structures
1.
The Contractor has developed and maintains a formal job evaluation
system, which evaluates duties of positions consistent with the external and
internal value of jobs and places them in a grade in the appropriate
schedule.
2.
The Contracting Officer shall be provided copies of all job descriptions
and any revisions thereto.
3.
The salary ranges contained in Exhibit II of this Personnel Appendix will
be adjusted periodically to reflect changes in economic conditions in the
Contractor's labor market and to maintain proper compensation relationships
within the Contractor's work force.
Survey data shall be sufficiently comprehensive to permit a
representative finding for firms competing with the Contractor for labor. Any changes to the salary ranges will be
approved by the Contracting Officer.
C.
Employee Performance Recognition Award
Program
The Contractor has an incentive award program for all employees who make
significant scientific, technical or administrative contributions and whose
performance is clearly beyond job expectations. Award increases which exceed the larger
of $10,000 or 15% of the awardee's base salary require prior written approval of
DOE. The dollar amounts available
for the award pool will be an identified maximum dollar limit, determined by the
Contractor, of the DOE approved annual merit fund. The Contractor shall submit to DOE an
annual report of the utilization of this program.
D.
Salary Actions
Each individual salary action (including deferred compensation if
applicable) resulting in a total annual compensation of $125,000 or more shall
require the prior written approval of the Contracting Officer. Salary increases which exceed the larger
of $15,000 or 15% of the employee's base salary require prior written approval
of the Contracting Officer. The
Contractor shall support each such request with pertinent data upon which the
justification is based for the proposed salary action.
E.
Compensation Increase Plan
1.
For each salary review
year, the Contractor shall develop and support a Compensation Increase Plan for
Contracting Officer review and approval, which conforms to the annual approval
procedures for Compensation Increase Plans, issued by DOE-Headquarters. In developing this Compensation Increase
Plan, the Contractor will make a study of salary levels for comparable positions
at other organizations acceptable to the Contracting Officer. This Plan will be based on such factors
as national and local surveys, area rates, retention and other such criteria as
may be pertinent in establishing competitive salaries for each occupational
group, i.e., scientists and engineers, administrative, technical and
clerical. The Compensation Increase
Plan should include data which measures average pay to market pay; information
regarding surveys, aging factors used in escalating survey data, projection of
escalation in the market and supporting information and analysis to support
special adjustment requests.
2.
The Compensation Increase Plan will be derived as a percentage of base
payroll at the end of the prior salary review year. The portion of the Increase Plan that is
attributed to promotions will be separately identified. Subsequent increases to
the Compensation Increase Plan may be obtained with prior written approval of
the Contracting Officer based on exceptional circumstances.
3.
All increases are charged to the fund on an annualized basis. The exception to this is the cost
associated with a posted promotion to the minimum of the new salary range. If a promotion is above the minimum of
the new salary range, the difference between the minimum of the range and the
actual salary will be charged to the promotion piece of the Compensation
Increase Plan. Once an individual's
salary increase is charged to the fund, reuse of that amount, i.e., recovery,
for any other purpose during the salary year is unallowable. If an individual terminates before
receiving an increase, the portion of the fund allocated for that increase may
remain in the Plan.
4.
The Contractor shall provide to the Contracting Officer a copy of the
annually developed salary guidelines prepared for supervisory use, indicating
the parameters for granting various increases based on employee performance and
current salary.
F.
Basis of Payment
1.
A full-time nonexempt employee is paid on an hourly basis, or a weekly
basis, the rate representing compensation for five (5) regularly scheduled eight
(8) hour days in each Work Week, or a monthly basis, the rate representing
compensation for all hours worked in a calendar month, except as otherwise
provided in this Appendix A.
2.
A full-time exempt employee is paid a biweekly or monthly salary as full
compensation for all work performed regardless of the hours actually
worked. However, it is considered
that the regular weekly work schedule will be forty (40)
hours.
3.
A part-time employee is paid on the basis established by the terms of
his/her employment or appointment.
G.
Performance Evaluation System
The Contractor shall maintain an effective performance evaluation system,
which appraises each employee on an annual basis against performance criteria
appropriate to specific job requirements and job level.
H.
Overtime
A nonexempt employee shall be paid at one and one-half (1-1/2) times
his/her regular base rate for all work performed in excess of forty (40) hours
in any Work Week.
If a nonexempt employee at the direction of the Contractor performs
emergency work or performs work on either of his/her scheduled days off and the
overtime payment for such work amounts to less than four (4) hours pay at
his/her regular base rate, the employee may be paid four (4) hours pay at this
regular base rate (plus shift premium, if any) as full compensation for such
work.
I.
Shift Premiums
The Contractor may pay to nonexempt employees a shift premium of 7% of
hourly rate when one-half or more of their shift falls between 6:00 p.m.
and 12 midnight. A shift premium of
10% of hourly rate may be paid to employees who are scheduled to work a shift in
which one-half or more of the regular hours of work fall between 12 midnight and
6:00 a.m. The Contractor may pay a
shift premium of one hundred dollars ($100) per month to staff persons regularly
assigned to evening and night operations for the purpose of supervising off
shift activities or providing technical management. Evening operations are defined as those
where half or more of the scheduled shift hours fall between 6:00 p.m. and 6:00
a.m. Where shift assignment changes
occur during a payroll period, the premium will be prorated for the appropriate
portion of the pay period. Staff
persons on short-term project related schedules, emergency call-ins or Fire
Department staff on twenty-four hour schedules are not covered by this
policy.
J.
Special Allowances
1.
Reporting Allowances
A nonexempt employee who reports for scheduled work at the direction of
the Contractor and who is prevented from working all or part of such scheduled
work by conditions beyond his/her control, may be paid a reporting allowance up
to the amount he/she would have received if such scheduled work had been
performed.
2.
An employee who is late to work because of widespread fire, storm or
flood, or because of some other cause acceptable to the Contractor and beyond
the control of the employee, may be considered to have reported for work on time
provided that he/she shall have reported for work during the first half of
his/her scheduled work period.
3.
Overtime Meal Period
A nonexempt employee working more than ten (10) consecutive hours may be
allowed a thirty (30) minute paid meal period. If, due to operational requirements, an
employee is prohibited from taking the full thirty (30) minute meal period, the
lost meal time may, for pay purposes, be considered additional time
worked.
K.
Uniform Allowance for Fire and Security
Officers
The Contractor may pay a uniform allowance to the exempt fire and
security officers. The allowance
will be made in lieu of certain uniform items being furnished and maintained by
the Contractor. Each individual
will be responsible for fitting, obtaining, and maintenance of required uniform
items on his/her own time.
L.
Fire Department Provisions - Overtime and Accrual Systems for Fire
Fighters and Fire Lieutenants
These arrangements are covered under a collective bargaining agreement
with the International Association of Fire Fighters AFL-CIO, Local No.
I-21.
M.
Twelve Hour Shift Provisions
Employees assigned to a 12-hour shift schedule will be covered by regular
Laboratory policy, with the following exceptions:
1.
For work on any scheduled day in the workweek, hours worked after 8 will
be paid at time and one-half (1-1/2).
For work on any nonscheduled day in the workweek, an employee will
receive one and one-half (1-1/2) times base rate.
2.
No shift premium will be paid employees for all hours worked when
assigned as a permanent member of a 12-hour shift.
3.
An employee will receive three (3) times base rate for hours worked on a
day recognized as a holiday, or the day of national recognition. This rate includes pay for the
holiday. If an employee is
scheduled to work a 12-hour day on a holiday and is not required to work, he/she
will receive twelve (12) hours of straight time pay as holiday
pay.
4.
Vacation and sick leave will be charged and paid for at the employee's
straight time rate.
5.
Authorized absences with pay:
a.
Funeral Leave. Employees
will be allowed up to twenty-four (24) hours absence with pay at base rate for a
death in the immediate family (as defined by Section
X.E.5.).
b.
Jury Duty. Employees who
have served jury duty during a week will be compensated for the difference
between daily jury pay and twelve (12) hours at their regular base rate for
every scheduled work day during that week.
c.
Military Leave. For purposes
of computing military leave pay, the employee's base salary for the period of
leave is defined as the base straight time rate an employee would earn on
his/her regularly scheduled 12-hour shift (12 hours per day at base straight
time hourly rate).
6.
For the purpose of determining premiums, contributions, and benefits
payable under the Contractor's retirement and insurance programs, an employee's
base rate will be considered to be his/her regular straight time hourly rate
times (x) two thousand eighty (2,080) hours for an annual
rate.
7.
In order to establish and maintain an efficient shift operation,
employees who are assigned to the 12-hour shift schedule will normally remain on
this schedule for a minimum of ten (10) consecutive weeks.
8.
Contractor policies regarding overtime meal periods for employees working
after ten (10) consecutive hours are not applicable to employees assigned to a
12-hour shift.
9.
General rules for "relief" or "fill-in" for absent 12-hour shift
employees:
a.
"Relief" or "fill-in" for employees who are absent due to illness or
other nonscheduled absences (where supervisors cannot normally be provided at
least 36 hours notice) will normally be made by other 12-hour shift employees on
their nonscheduled day.
b.
Employees assigned to a 12-hour shift will not be permitted to work more
than twelve (12) consecutive hours in a 24-hour period.
V.
EMPLOYEE BENEFITS
The Contractor shall develop and implement welfare
benefit programs that meet the tests of allowability and reasonableness
established by FAR 31.205-6, supplemented by DEAR 970-3102-05-6.
A.
Benefit Value and Cost Comparison Studies
The Contractor shall submit to the Contracting
Officer for approval an evaluation of its benefit programs using professionally
recognized measures to compare its benefit programs to other organizations. The evaluation shall consist of a
Benefit Value Study and a U. S. Chamber of Commerce (COC) Employee Benefit
Survey Comparison or a comparable Contracting Officer approved Cost Study. The contractor's Value Study and Cost
Study results must fall within the range of acceptability (i.e., no more than 5
percent above the comparator for other organizations).
If the
contractor uses the COC survey, it should include a comparative analysis to the COC
survey data, utilizing data agreed
to by the Contracting Officer. The
calculated per capita benefits cost per full-time equivalent employee shall be
compared to the most recently published COC survey and contractor benefits data
from the same benefit year as the survey benefit year.
When both the contractor's cost or value are greater than 5 percent above
the comparator for other organizations, an in-depth study to analyze the
specific benefit plans that are above and below the comparator must be
performed. A corrective action plan
to achieve conformance with the range of acceptability is
required.
When only the contractor's per capita benefit cost per full-time
equivalent employee exceeds the range of acceptability, the requirement for a
corrective action plan to achieve conformance with the per capita cost range of
acceptability is at the discretion of the Contracting
Officer.
When only the contractor's value is greater than 5
percent above the comparator for other organizations, a corrective action plan
to achieve conformance with the range of acceptability is
required.
The Benefit Value Study and the approved Cost Study
shall be conducted at the mid-term of the Contract and be submitted to
the Contracting Officer for approval.
If the COC
survey is utilized it shall be conducted every two
years and submitted to the Contracting Officer for
approval.
B.
Value Study Comparison Requirements
The Value Study shall meet the following
requirements:
The Contractor shall determine a list of no less than
15 participants to be a part of the study and obtain Contracting Officer
approval of the list prior to the performance of the
study.
The Value Study shall include major non-statutory
benefit plans offered by the Contractor, including qualified defined benefit,
defined contribution retirement, and capital accumulation plans, and death,
disability, health, and paid time-off welfare benefit
programs.
The Value Study must be performed by a national
consulting firm with expertise in benefit value studies.
To the extent the Value Study does not address
post-retirement benefit programs, the contractor shall provide separate cost and
plan design data on post-retirement benefits other than pensions compared to
external benchmarks of a nationally recognized survey source at least once every
three years.
C.
Group Life and Accidental Death and
Dismemberment
The Contractor provides Basic Group Life Insurance equal to one times
annual base salary and up to a maximum of twelve thousand five hundred dollars
($12,500) Accidental Death and Dismemberment Insurance. Employees will be eligible to purchase
additional amounts at full cost (premium rate set by the carrier) to either
double or triple the total life insurance.
For employees who elect to continue employment beyond normal retirement
age, the following schedule of life insurance coverage
applies:
Basic
Supplemental I
Supplemental II
Age
100% base salary
200% base salary
300% base salary
65
.92 x base salary .92 x base
salary
.92 x base salary
66
.84 x base salary .84 x base
salary
.84 x base salary
67
.76 x base salary .76 x base
salary
.76 x base salary
68
.68 x base salary .68 x base
salary
.68 x base salary
69
.60 x base salary .60 x base
salary
.60 x base salary
70+
.60% x base salary .60
x base salary
.60 x base salary
or $45,000, which-
or $45,000, which-
or $45,000, which-
ever is lesser
ever is lesser
ever is lesser
D.
Medical
The Contractor makes available to its employees Medical Insurance
options, which include a preferred provider plan and several health maintenance
organizations. Employees who elect single PPO coverage currently pay $36.60 per
month, and employees who elect PPO family coverage currently pay $125.60 per
month. Employees who elect
single POS coverage currently pay $32.34, and employees who elect family POS
coverage currently pay $112.25.
Employees who elect single HMO coverage currently pay $33.04, and
employees who elect family HMO coverage currently pay $112.30. Immediately prior to the time the policy
and contracts covering these medical benefits is renewed, the Contractor will
review with the Contracting Officer for approval, the monthly amount to be
charged employees for health plan participation. The Contractor and Contracting Officer
will, within 10 working days after the Contractor informs the Contracting
Officer of the proposed new rates, reach an agreement as to the monthly amount
to be charged. The Contractor will
provide the Contracting Officer with a copy of the certificate of coverage
issued by the indemnity carrier and any subsequent
modifications.
Where active employees and/or their dependents reach age sixty-five (65)
and become eligible for Medicare benefits, the Contractor will coordinate
benefits with Medicare coverage following federal
regulations.
Participants in the retiree program eligible for Medicare will receive
URA benefits as carve-out coverage to Medicare up to the level paid under the
schedule of benefits in the URA plan.
This benefit can be extended to early retirees, subsequent to their
fifty-fifth (55) birthday. In all
early retirement cases, the sum of unbroken years of service plus age must equal
sixty-five (65). Early retirees
otherwise eligible who are subsequently employed elsewhere will become
ineligible for retiree coverage if the new employer makes available a group
medical plan (including a contributor plan). Such subsequent employment will not
preclude the retiree from again being eligible if he/she becomes ineligible for
coverage under any other plan. In
the event a retiree with dependent coverage dies, the dependent coverage will be
continued for a surviving spouse.
Effective January 1 2002, all
employees subsequently electing early retirement will continue to pay the
premium amount agreed upon for
active employees following the annual group insurance review.
Effective January 1, 2002, and every year thereafter, all employees who
subsequently retire and are eligible for Medicare coverage and elect the URA
carve-out medical coverage will, in addition to their Medicare premium, pay URA
that amount, if any, by which the URA premium amount agreed upon for active
employees following the annual group insurance review (the elected single or
family premium), exceeds the prevailing Medicare premium. The minimum premium
that Medicare eligible retirees will pay for URA's medical plan will be $2.50
per month for single coverage and $5.34 for family coverage. Premiums for Medicare eligible retirees
will be considered every January coincidental with the announcement of the new
Medicare rate starting with January 1,2002. Plan design and retiree rates will be
reconsidered if Congress passes a new law affording prescription coverage to
Medicare recipients.
The Contractor will make available, at cost, medical insurance for
Fermilab foreign visitors and their families from countries without applicable
insurance programs. Visitors are
defined as persons who come to the Laboratory to work on research experiments or
to participate in other types of collaboration; or whose visits are coordinated
by Fermilab personnel. Visitors who
can obtain applicable medical insurance from their own countries will not be
eligible for coverage. Participants
will be charged the current full premium equivalent of the coverage. Coverage for medical and major medical
insurance will be at the same benefit level as established for active
employees.
E.
Long Term Disability
The Contractor provides all Laboratory employees with Long-Term
Disability insurance. .277 of one percent (1%) of the employee's salary is
deducted to partially defray the cost. The Contractor pays the balance. Benefits are payable after one hundred
eighty (180) days of disability at an amount equal to sixty percent (60%) of
basic salary subject to a maximum benefit of ten thousand dollars ($10,000) per
month. Benefits payable will be
reduced by any amount the employee receives from Worker's Compensation and/or
Family Social Security. If
disability occurs before age sixty (60), benefits will continue until the
employee recovers or attains age sixty-five (65), whichever shall occur
first. If disability occurs after
age sixty (60), but prior to attaining age 68, benefits will continue for five
(5) years after disability or until age seventy (70), whichever occurs
first. For employees disabled
within two years of their seventieth birthday or at a later age, benefits will
continue for two years.
For employees who were disabled before March 1, 1989, the insurance
carrier will pay to the employee's TIAA-CREF Retirement Contract(s) the same
amount of money that the employee and the Contractor were contributing at the
time the disability commenced. For
employees who became disabled after March 1, 1989, the insurance carrier will
contribute an amount equal to URA's contribution at the time of
disability.
F.
Travel Insurance
The Contractor provides travel accident insurance to all Laboratory
employees and certain others, when they are traveling on Contractor business, at
no cost to the traveler. All
employees have coverage equal to five times the basic annual salary up to a
maximum of $300,000.
G.
Dependent Life Insurance
The Contractor makes available on a voluntary basis dependent life
insurance. Participation in one of
the Supplemental Group Life Benefit Plans is a requirement for eligibility. Employees pay the full cost of
premium. Coverage (Option A or B)
provided is: Spouse, five thousand
dollars ($5,000) or ten thousand dollars ($10,000). Children, two thousand
dollars ($2,000) or four thousand dollars ($4,000). Children under fifteen (15) days of age
are not covered; between fifteen (15) days and under six (6) months, the
insurance in effect is two hundred dollars ($200) or four hundred dollars
($400).
H.
Group Dental
The Contractor provides group dental insurance through a combined
indemnity and dental maintenance organization program. There is a $6.56 per month charge to the
employees who elect single coverage under the Preferred Provider Option part of
the program. There is a $7.30 per
month charge to the employees who elect single coverage under the dental
maintenance organization part of the program. Employees electing family coverage are
charged one half of the monthly dependent rate in effect for family coverage.
The premium is to be reviewed annually for adjustment based on plan
experience.
I.
Worker's
Compensation
1.
The Contractor shall submit to the Contracting Officer for approval all
new workers' compensation policies.
The Contractor shall provide copies to the Contracting Officer of all
renewal policies for workers' compensation.
2.
The Contractor shall have a claims management program that establishes
specific guidelines and practices, and ensures:
a.
The Contractor shall perform a regular review of its workers'
compensation program and provide the Contracting Officer with annual status
reports on all claims reserves over $25,000, as well as reserves established on
all new claims.
b.
The Contractor shall conduct an annual review of all claims over $25,000
in reserves and claims over 2 years old, regardless of reserve
amount.
c.
The Contractor shall establish reserves on all open claims at the end of
each policy year but prior to the valuation of claims for the interim premium
adjustment report to determine their appropriateness.
d.
That all of the Contractor’s programs contain provisions for reviewing
and conducting medical cost containment programs, such as managed care networks
where allowed by statutes.
e.
The Contractor conducts a sample claims review of open and closed claims
during the first 3 years of a contract period for both active and canceled
policies with existing claims activity and files a written report to the
Contracting Officer.
3.
The Contractor shall review and verify the accuracy of interim premium
adjustment reports and make payment of adjusted premium or request a credit from
carrier.
4.
The Contractor shall
ensure that workers' compensation insurance policies contain the following
provisions:
a.
A provision that
excludes any claim on the part of the insurance company to be subrogated on
payment of loss or otherwise to any claim against the United
States.
b.
A provision that, in
the event of cancellation or non-renewal by the insurance company, 60 days
advance notice shall be given to the Contractor and the Contracting
Officer.
c.
A provision limiting
the insurance company's right of inspection of the Contractor's records and
premises as necessary to comply with DOE's security
requirements.
d.
A provision for the
right of assignment of the policy to DOE, with payment of all return premiums,
premium refunds dividends, or other moneys due or to become due, to be payable
to the Government.
e.
Employer's liability
coverage, except in cases where the Contractor has an acceptable self-insurance
program.
f.
Workers' compensation
and employer's liability coverage for its employees in those states that allow
statutory immunity for certain types of employers (e.g., nonprofit educational
institutions).
g.
A Voluntary
Compensation Endorsement (if not automatically provided) that allows for
coverage of employees or volunteers who would not otherwise be covered for
accidental injury (e.g., employees participating in an athletic event or
volunteers at the work site). An
additional amendment is necessary to extend Voluntary Compensation Coverage to
occupational disease.
5.
Workers' compensation
loss income benefit payments, when supplemented by other programs (such as
salary continuation, short-term disability) are to be administered so that total
benefit payments from all sources shall not exceed 100 percent of the employee's
net pay.
6.
Workers' compensation
settlement claims up to $100,000 may be settled without DOE Contracting Officer
approval. Claims settlement
proposals above that amount need to be submitted to the Contracting Officer for
approval.
7.
The Contractor must
accept a valid workers' compensation claim for work-related illness or injury as
compensable when such a valid claim is initially presented. Furthermore, to the extent permitted by
State law, a contractor must consider a claim for state workers' compensation as
valid if the claim is based on an occupational illness or injury that is so
diagnosed in accordance with any
applicable criteria under State law by physicians associated with the site
occupational medicine clinics or the current and former worker medical
monitoring programs sponsored by DOE.
In addition, if the Secretary directs a contractor not to contest a state
workers' compensation claim or award in accordance with section 3661 of the
Energy Employees Occupational Illness Compensation Program Act of 2000, the
contractor must comply with this direction to the extent permitted by
law
8.
The contractor must provide the Contracting Officer with copies of all
letters sent to State workers' compensation officials accepting or denying a
compensation claim for work-related illness or injury.
J.
Post-Contractor Employee Benefit Costs
Upon contract termination or expiration, the
Contractor shall submit to the Contracting Officer for approval a proposed plan
for settling post-contract employee benefit liabilities in accordance with
generally accepted accounting principles.
VI. DOE
CONTRACTOR PENSION PLANS
A.
Plan Conditions
Universities Research Association will provide
employee retirement benefits under the terms and conditions
of:
1.
The provisions of the TIAA-CREF Retirement Plan authorized by URA's Board
of Trustees, on September 21, and 22, 1978.
2.
The TIAA-CREF Supplemental Retirement Plan authorized by URA's Board of
Trustees, on July 11, 1975, as amended in August 1983.
The Contractor will provide the Contracting Officer
with two copies of the Retirement Plan and Supplemental Retirement Plan. DOE approval is required prior to
implementing any changes to these pension plans. Any modifications to these plans will be
forwarded to the Contracting Officer within thirty days of their authorization
by URA's Board of Trustees.
B.
Contributions
Contributions to the retirement plan for participants
shall be made at a rate of 10% of base salary.
C.
Eligibility
Those eligible for participation are all paid
officers and all employees who work for the Contractor 1,000 hours or more per
year who have reached the age of twenty one years. Such persons become eligible for
participation upon completion of two years of employment except that immediate
prior service with a URA member institution or a federally funded research and
development center will count in meeting the waiting period for
eligibility.
D.
Discontinuance, Modification or Amendments
While it is expected that the retirement plan and
supplemental retirement plan will continue indefinitely, URA's Board of Trustees
reserves the right to modify or discontinue the plan at any time. The Board may also delegate any of its
powers and duties with respect to the plan, or amendments, to one or more
officers or other employees of the Contractor. Any such delegations shall be set forth
in writing. Any discontinuance or
modification of the plan shall not adversely affect the benefits accrued by
participants prior to the date of discontinuance or modifications. Costs resulting from any amendments to
the plan are unallowable hereunder unless such amendments are approved by the
Contracting Officer provided, however, that costs resulting from amendments
which do not provide discretionary plan subsidies and are required to comply
with the Employee Retirement Income Security Act of 1974 as amended (ERISA) or
to obtain continuing Internal Revenue Service approval of the plan are
allowable. A discontinuation of the
plan shall cause reimbursement to DOE with interest of any funds appropriated
and received but unallocated.
E.
Repurchase
In the event a participant in this plan leaves the
employ of Universities Research Association, Inc., for reasons other than
retirement or disability and requests that TIAA-CREF repurchase his or her
annuity, the Contractor will approve such repurchase, provided it meets the
conditions under which TIAA-CREF will repurchase annuities. If these conditions are satisfied, the
total contribution accumulated in the annuities (less any repurchase charge)
will be payable by TIAA-CREF to the participant.
The conditions under which TIAA-CREF will repurchase
the annuities of a participant, and the applicable charges for repurchase are
set forth in the booklet, Your Retirement Annuity. Amounts paid to the participant upon
repurchase shall be in full satisfaction of the participant's rights to
retirement and/or death benefits.
F.
Termination of
Operations
Should operations at the Contractor be terminated,
DOE and the Contractor shall establish an effective date for spin off or plan
termination and no further work will occur under the prime contract. The Contractor agrees that no further
contributions shall be made after this established date.
G.
Terminating Plans
The Contractor agrees that it shall not terminate any
pension plan (commingled or site-specific) without notifying the Department at
least 60 days prior to the scheduled date of plan
termination.
H.
Annual Reports
The Contractor shall submit to the Contracting
Officer the following reports annually:
Copies of IRS Forms 5500 with Schedules for each DOE-funded pension
plan
Forms 5300
Copies of all forms in the 5300 series submitted to
the IRS that document the establishment, amendment, termination, spin-off, or
merger of a plan.
VII. RISK
MANAGEMENT AND LIABILITY PROGRAMS
A.
Requirements
For the management and operation of the Laboratory,
the Contractor shall:
1.
Maintain commercial insurance or self-insurance programs required by law,
regulation, and the requirements of the contract.
2.
Not purchase insurance to cover liability for nuclear incidents without
DOE authorization.
3.
Demonstrate that insurance program costs comply with cost limitations and
exclusions at FAR 31.205-19, Insurance and Indemnification, as supplemented by
DEAR 970.5228-1, Insurance-Litigation and Claims, and will ensure that the
liability insurance program is being conducted in the Government's best interest
and at reasonable cost.
4.
Provide current copies of all insurance policies or insurance
arrangements, throughout the contract term, to the Contracting Officer.
B.
Terminating Operations
The Contractor agrees that if operations terminate,
responsible officials shall ensure:
1.
That the Government's interests are protected through proper recording of
cancellation credits due to policy terminations and/or experience
rating.
2.
Continuing policy administration requirements are identified and provided
by the terminated Contractor, another DOE Contractor, or a DOE Operations/Field
Office.
3.
Insurance policies are transferred to DOE through an "assignment" of
policies after all claims are closed.
C.
Successor Contractor or Insurance Policy
Cancellation
The Contractor agrees that unless otherwise
determined by DOE to be in the Government's best interests, the Contractor shall
ensure:
1.
that insurance policies of a former DOE Contractor are assumed by the
successor.
2.
the contractor protects the government’s interests through proper
recording of all cancellation credits, due to policy terminations and/or
experience rating.
3.
that a successor
contractor assumes any continued claims administration relating to the former
DOE contractor operation.
4.
that all incurred but not reported claims, at the time of termination,
will be reported to and handled by the appropriate
insurer.
5.
that any successor contractors obtain the written approval from the
Contracting Officer before any change in program direction; and insurance
coverage replacement is implemented.
D.
Reports
1.
The Contractor shall each year of the contract provide the Contracting
Officer with annual experience reports for each type of liability (i.e.,
automobile and commercial general liability) listing the following for each
category:
a.
The amount paid for each claim
b.
The amount reserved for each claim
c.
The direct expenses related to each claim
d.
A summary for the year showing total number of
claims
e.
A total amount for claims paid
f.
A total amount reserved for claims
g.
The total amount of direct expenses
2.
When applicable, separately identify total policy expenses e.g.,
commissions, premiums, and costs for claims servicing) and major claims during
the year including those expected to become major claims (e.g., those valued at
$100,000 or greater).
3.
Additional claim and financial experience data may be requested from the
policyholder on a case by case basis.
VIII. CONTRACTOR WORKPLACE
SUBSTANCE ABUSE PROGRAMS
A.
Requirements
The Contractor shall maintain a program that complies
with the requirements of 10 CFR Part 707, Workplace Substance Abuse Programs at
DOE Sites. The Contractor's program
is documented in Section 30 of the Personnel Policy Guide. Positions that fall within the scope of
other agency requirements shall, in addition, comply with the substance abuse
program requirements of those agencies.
These include the Department of Transportation (DOT), the Nuclear
Regulatory Commission (NRC), and the Department of Defense
(DOD).
B.
Reports
The Contractor shall submit reports and maintain
records as required in 10 CFR Part 707 and DOE Order 350.1.
A.
Recreation and Morale Benefits
Recreation and morale benefits shall be in accordance with FAR 31.205-13.
B.
Health
In addition to pre-employment physical examinations, the Contractor gives
other examinations on a scheduled basis for certain job classifications and upon
request. Employees are consulted regarding their health upon their request and
contact with private physicians is maintained in Worker's Compensation cases as
well as other long-term illnesses.
Preventative health programs are scheduled as well as first aid
tendered.
C.
Employee Assistance Program
The Contractor shall (1) maintain a program of
preventive services, education, short-term counseling, coordination with and
referrals to outside agencies, and follow-up upon return to work that conforms
to the requirements of 10 CFR 707.6, Employee Assistance, Education, and
Training; (2) submit for approval by the Contracting Officer any changes to the
employee assistance program implementation plan; (3) prepare and submit
information to DOE concerning Employee Assistance Program services as requested
by the Contracting Officer. Such
reports shall not include individual identifiers.
D.
Day Care
The Contractor is authorized to operate a child care center, by
subcontract or otherwise; however, the Contractor shall not reimburse the
salaries of the teachers/caregivers with funds provided under this
contract. Furthermore, the costs
for labor, materials, and supplies expended for the operation of the childcare
center (e.g., teachers, caregivers, instructional materials, and equipment)
shall be fully recovered from the participants. The contractor shall provide adequate
property damage liability and bodily injury liability insurance naming DOE as
additional named insured in order to hold the Contractor and DOE harmless for all liability arising
out of operation of the center. The Contractor shall use its best
efforts to add the Department of Energy, at no additional premium or cost, as an
additional named insured under the Contractor's existing liability policy
covering the Fermilab Day Care Center.
Should the insurer be unwilling to add DOE at no additional cost, the
Contractor shall notify the Contracting Officer. The Contracting Officer shall in turn
advise the Contractor on whether or not DOE desires such coverage. If desired by DOE, the costs are
allowable under the contract.
The Contractor agrees that its day care benefit
programs will meet both DOE and Fermilab employee needs and their respective
management objectives based on valid day care needs.
In addition, the Contractor agrees that support costs
associated with the operation of a day care facility for exclusive use of DOE,
contractor, and subcontractor
employees and users may include reasonable costs for communication of
the program to employees and all or
a portion of such expense items as utilities and maintenance, as well as food
and medical services or supplies already used in support of site operations and
which are readily available to additionally support the facility. Such use shall be approved by the
Contracting Officer in advance.
The Contractor and day care (program) provider
organizations must ensure that the provider organizations operate, maintain, and
upgrade any proposed workplace day care facility in compliance with applicable
Federal, State, and local policies, regulations, and requirements for
environment, safety, and health.
E.
Patent and Copyright Awards
An employee may be awarded a payment in accordance with the following
schedule of activities and participants in the project:
NUMBER
OF
INVENTORS
Event
1
2
3 4 or
More
Record of Invention
(hardware
or software)
$100
$ 75 $ 50
$ 25
Award of Patent
$500
$350
$250
$150
Software Registration
$250
$175
$125
$ 75
F.
Service Awards
Service awards not to exceed an average cost of one hundred dollars
($100) may be given to employees who complete ten, twenty, twenty five, thirty
and thirty-five years of service.
Employees who retire prior to award ceremonies are eligible to receive
the respective award.
G.
Other Awards
An employee may be awarded a payment for an idea submitted and adopted by
the Contractor in accordance with policies established by the Contractor and
approved by the Contracting Officer.
The determination of awards requires the Laboratory Director's approval
within the policies on awards approved by the Contracting Officer. A report of each such award will be
submitted to the Contracting Officer.
X.
PROGRAM INVOLVING EMPLOYEE
ABSENCE
FROM
THE WORK PLACE
A.
Vacations
1.
Nonexempt Employees
a.
Full-time nonexempt employees hired prior to January 1, 1997, will earn
vacation credit based on the following:
Nonexempt employees may be allowed to earn vacation from the date of
employment until the fifth anniversary of employment at a monthly accrual rate
of ten (10) hours. From the fifth
to the seventh anniversary, the monthly accrual will be increased to thirteen
and one-third (13-1/3) hours. Commencing with the seventh anniversary, and every
two (2) year anniversary thereafter up to and including the twenty-fifth, the
monthly accrual rate will be increased by two-thirds (2/3) of an
hour.
b.
Full-Time nonexempt employees hired on or after January 1, 1997, will
earn vacation credit based on the following:
Length of Service
Rate of Accrual
Less than 5 years
1-1/4 working days for
each month of service
5 but less than 10 years 1-1/2
working days for
each month of service
10 but less than 15 years 1-3/4 working days
for
each month of service
15 or more years
2 working days for
each month of service
c.
If an employee's anniversary of employment falls on or before the
fifteenth of a month, that month's accrual shall be determined as though the
anniversary was the first of that month.
If an employee's anniversary of employment falls after the fifteenth of a
month, that month's accrual shall be determined as though the anniversary date
were the first of the following month.
d.
For the purposes of this section, if an employee is laid off and is
subsequently re-employed within eighteen (18) months or if an employee enters
and returns from military service, his/her employment will be considered to be
continuous during the period of such layoff or military service, except that
vacation shall not accrue during the period of absence.
e.
Vacation may be paid at
an employee's basic hourly rate.
f.
When an employee is terminated, he/she may be paid for any unused
vacation earned up to and including the month of termination at the same rate as
if he/she had used it.
g.
Accrued vacation may not exceed more than twenty-four (24) times the
employee's current monthly accrual rate.
h.
Nonexempt employees, hired before January 1, 1997, and who are promoted
to an exempt position will accrue vacation at the same rate as exempt employees
hired prior to January 1, 1997.
2.
Exempt Employees
a.
Exempt employees hired prior to January 1, 1997, will earn vacation
credit based on the following schedule:
Exempt employees may earn two (2) working days vacation credit for each
calendar month during which the employee is in pay status at least eleven (11)
working days.
b.
Exempt employees hired on or after January 1, 1997, will earn vacation
credit based on the following schedule:
Length of Service
Rate of Accrual
Less than 5 years
1-1/2 working days for
Each month of service
5 but less than 10 years 1-3/4
working days for
each month of service
10 or more years
2 working days for
each month of service
c.
A newly hired employee shall not be considered as having any accrued
vacation credits until he/she has completed three (3) months of continuous
service with the Contractor. Upon
completion of such three (3) months' service, the employee shall be credited
with vacation which otherwise would have been earned during that
period.
d.
Accrued vacation may not exceed more than 24 times the employee's current
monthly accrual rate.
e.
Vacation pay for each day of vacation used shall be on the basis of the
employee's basic monthly rate.
f.
Upon termination, an employee may be paid for any unused vacation credits
earned up to and including the month of termination.
g.
Under certain compelling circumstances, the Contracting Officer may
approve in writing, on a case-by-case basis, exceptions to the vacation schedule
for employees hired on or after January 1, 1997.
3.
Vacation Accrual During Leave of Absence
In cases of authorized leave of absence, time spent on leave of absences
may, within the Contractor's discretion, be counted toward vacation
credit.
4.
New hires on or after January 1, 1997, with immediate prior service at a
URA member institution or an FFRDC, if approved by the Contracting Officer, will
be eligible for the applicable vacation accrual schedule under the schedules
used for employees hired prior to January 1, 1997.
B.
Holidays
Ten (10) days may be recognized as holidays each calendar year by the
Contractor, including the following:
New Year's Day
Friday After Thanksgiving Day
Martin Luther King Day
One-half day before Christmas Day
Memorial Day
Christmas Day
Independence Day
One -half day before New Year's Day
Labor Day
Floater
Thanksgiving Day
If any of the above days fall on a Saturday or Sunday, either the
preceding Friday or the following Monday may be recognized as the holiday. The Contractor may determine the manner
of use of the floater holiday and may vary it from year to year; e.g., it might be used as two
half-day holidays.
C.
Holiday Pay
For exempt employees, no deduction will be made from salary for reason of
absence on any day recognized as a holiday. Nonexempt employees may be paid for each
day recognized by the Contractor as a holiday an amount not exceeding eight (8)
times the regular hourly rate (such rate to include shift premium if applicable)
whether or not the holiday falls outside of a scheduled work
week.
In addition to the eight (8) hours pay specified above, nonexempt
employees may be paid two (2) times their regular hourly rate (double time) for
all hours worked on a day recognized by the Contractor as a holiday. They may be paid double time for any
work on a day of national holiday observance preceding or following (as the case
may be) the day recognized by the Contractor as the holiday; such payment will
be made only in cases where they will not have performed work on the recognized
holiday. The twenty-four (24) hour
period commencing with an employee's scheduled starting time on the calendar day
recognized as a holiday may be deemed to be the holiday for purposes of
computing holiday pay.
D.
Disability and Sick Leave
1.
Occupational Disability Leave
a.
Nonexempt Employees
A nonexempt employee who is unable to perform work for the Contractor due
to an occupational illness or accidental injury arising out of and in the course
of employment for the Contractor may be entitled to benefits under Worker's
Compensation or Occupational Diseases Statutes. The
Contractor may pay occupational disability leave as a supplement to any
payments under these laws so that the total received will equal what the
employee would have received at his/her basic hourly rate for scheduled work
time aggregating not in excess of seven hundred twenty (720) hours for each
disability.
b.
Exempt Employees
An exempt employee who is unable to perform work for the Contractor due
to an occupational illness or accidental injury arising out of and in the course
of his/her employment for the Contractor may be entitled to benefits under
Worker's Compensation or Occupational Diseases Statutes. The Contractor may pay
occupational disability leave as a supplement to any payments under these laws
so that the total received will equal what the employee would normally have
received, for such period of time as in the judgment of the Contractor is deemed
advisable. No individual shall be
granted occupational disability leave in excess of six (6) calendar months in
any one (1) calendar year or for any one period of disability, or in excess of
the total time actually worked prior to the time at which the leave is
granted.
2.
Sick Leave
a.
Nonexempt Employees
(1)
A nonexempt employee who is unable to perform work for the Contractor due
to illness or injury arising otherwise than out of and in the course of
employment for the Contractor may be granted sick leave as herein
provided.
(2)
An employee may receive pay at his/her basic hourly rate, beginning with
the first day of each absence from scheduled hours of work for scheduled work
time aggregating not in excess of the number of hours of sick leave which the
employee has accrued.
(3)
The number of hours of sick leave which a nonexempt employee has accrued
at any one time shall be computed as follows:
An employee shall accrue sick leave at the rate of one hundred forty-four
(144) hours per anniversary year, to a total not to exceed
one hundred thirty (130) working days. Accrual will be on a monthly basis
for each calendar month during which the employee is in pay status at least
eleven (11) working days.
b.
Exempt Employees
An exempt employee who is unable to perform work for the Contractor due
to illness or injury arising otherwise than out of and in the course of his/her
employment for the Contractor may be granted sick leave. All exempt employees
shall accrue sick leave at a rate of 1.5 days per month to a maximum of one
hundred thirty days (130).
3.
Release for Health Reasons
An employee who is terminated for health reasons may be paid at his/her
basic hourly rate for all hours accumulated in his/her sick leave account as of
the date of the release.
4.
Short Term Disability
Short-term disability will be available to employees
after a waiting period of 7 working days. The benefit under short-term
disability will be 50% of pay after all sick leave and vacation accrual are
exhausted. The use of sick leave or vacation satisfies the 7-day waiting
period. The maximum benefit will be 26 weeks to provide a bridge to long term
disability.
E.
Other Excused Absences
1.
Civic Responsibility and Other Absence
Excused absence with pay at their regular rate to a maximum of normally
scheduled work hours for employees may be permitted for the following
reasons:
a.
Absence caused by being called to serve as a juror or witness in any of
the various courts of law. Employee
must turn in his/her fee, but is entitled to retain any allowance given him/her
for transportation costs.
b.
Absence caused by preinduction processing required prior to entering the
Armed Forces or by physical examination requirements of reserve
programs.
c.
Absence from work by employees acting in the capacity of union stewards
and committeemen for time spent in handling grievances, negotiating with the
Contractor and serving on labor-management (Laboratory)
committees.
d.
Absence caused by employee voting in public office elections. Work
schedules will be changed as needed to ensure that work either starts at least
two hours after the polls open or ends at least two hours before the polls
close.
2.
Military Leave
An employee may be granted leave with pay not to exceed fifteen (15)
calendar days per year for active training duty in the Armed Forces Reserve or
the Coast Guard Reserve of the United States, The National Guard, or the Air
National Guard. Pay allowed for
such leave will not exceed the difference between the employee's base pay for
the period of leave and military pay (base and longevity pay, but excluding
special pay and allowances) for the same period.
Employees who are members of military reserve organizations, including
the National Guard and Coast Guard who are ordered to active duty for an
emergency duty call-up by the President or the State Governor may be paid the
difference between the employee's rate of pay based on a 40 hour week and basic
military pay, excluding special allowances or premium pay such as subsistence,
travel and uniform allowance for a period of up to180 calendar days.
3.
Leave for Professional Advancement
It is the policy of the Contractor to assist employees in their
professional advancement. A leave
of absence may be granted, by the Director, to a professional staff member when,
in the opinion of the Directorate, such a leave would be to the advantage of the
Contractor. For the purpose of the
application of these leave of absence practices, a professional staff member is
typically defined to be a scientist, an engineer or a person with major
administrative responsibility. The types of leave which may be granted include
assignment to other institutions for teaching, for research and for otherwise
furthering professional capability.
Such leaves may coincide with a fellowship or other similar
award.
Salary payment may be made to a professional staff member during a leave
of absence only if such payment is recommended by the Director and approved by
the URA Board of Trustees. Leaves
with pay will normally be limited so as not to exceed one month for each year of
service (not including periods of leave.)
In evaluating a recommendation for leave with pay, any stipend, grant or
other income which the employee may receive or derive from others in connection
with the leave will be taken into account.
Vacation and sick leave credits will be accorded to an employee on leave
of absence in proportion to the fraction of normal salary that is being paid by
the Contractor. The employee will
be permitted to continue participation in Contractor group insurance
plans.
An employee granted a leave of absence will be required to sign a
statement indicating an intention to return to the Contractor as an employee for
a period at least equal to the leave granted. In the statement, the employee will
acknowledge recognition of the Contractor's right to require compensation for
the leave if the employee does not return.
There will normally be no more than seven staff members on leaves of
absence with pay concurrently.
4.
Personal Absences
a.
Nonexempt
Excused absences with pay for nonexempt employees in addition to those
made under other provisions of this Appendix A may be granted by the Laboratory
Director or his/her designee to meet unusual personal situations, provided a
record is maintained reflecting the nature of such personal situations in each
instance.
b.
Exempt
Excused absences without loss of pay may be granted to exempt employees
for reasons deemed sufficient by the Laboratory Director or his/her designee,
including but not limited to the reasons indicated above in this
section.
5.
Funeral Leave
Employees suffering a death in their immediate family (defined as spouse,
child, parent or "foster" parent, brother, sister, parent-in-law, grandparent,
grandchild) shall, if necessary, be excused from work to make arrangements for
the funeral and to attend the funeral.
Pay will be at the employee's regular hourly rate for any work time lost
solely because of such activities, to a maximum of three (3) days and not to
exceed eight (8) hours per day.
6.
Time Off Due to Public Emergency
Employees may be granted time off with pay during a public emergency
which effectively prevents their attendance at work or the continuance of work
in a normal and orderly manner. A
public emergency includes a natural disaster (such as fire, flood, earthquake),
a manmade disaster (such as a demonstration, riot or act of sabotage), or
inclement weather. Authorization
for time off with pay for such emergencies will be made by the Director of the
Laboratory or authorized designee with notice to the Contracting
Officer.
7.
Parental Leave
Employees may be granted up to eight hours (no more than four in any one
day) of unpaid leave during any 12 -month period to attend or participate in
school related events for his or her child.
F.
Leave Without Pay
The Contractor may grant leave without pay for up to two (2) years, to an
employee, without loss of employee status, for such time and upon such terms and
conditions as the Contractor shall determine; provided, however, that in no case
shall the vacation accrual of an employee on leave without pay for more than
fifteen (15) consecutive calendar days in any one (1) calendar year be based
upon time spent on such leave in excess of fifteen (15) calendar
days.
G.
Part-time Leave of Absence
A full-time employee who is granted a part-time leave of absence may be
deemed a full-time employee for all purposes of this Appendix A, except that
during such leave:
1.
Contributions pursuant to the Retirement Plan are determined on the basis
of the adjusted salary of such employee.
2.
The employee may be required to make contributions to basic group life
insurance coverage proportional to the amount by which his/her salary as a
full-time employee exceeds his/her adjusted salary.
3.
The employee may be required to make contributions for disability income
insurance coverage.
4.
The rate at which the employee accrues a vacation credit is reduced on a
pro-rata basis to the nearest one-half (1/2) day per month, and such accrual is
recalculated and adjusted at the end of the leave of absence to correct for
inaccuracies resulting from the rounding off which occurred each month during
the leave of absence.
5.
The employee accrues sick leave credit on a pro-rata basis [one and
one-half (1-1/2)] days sick leave credit per month being considered the accrual
of a full-time employee) calculated monthly to the nearest half (1/2) day, and
such accrual is recalculated and adjusted at the end of the leave of absence to
correct for inaccuracies resulting from the rounding off which occurred each
month during the leave of absence.
XI.
EMPLOYEE TRAINING,
EDUCATION
AND
DEVELOPMENT
Training costs are subject to the requirements and
limitations of FAR 31.205-44 and Clause H.4.(d). To the extent, consistent with these
requirements:
A. The
Contractor may reimburse any employee who successfully completes a formal course
and/or a course leading to an earned academic degree which the Contractor
approves as pertinent to the employee's Contractor career or to work of the
Contractor or who with Contractor approval, successfully completes a vocational
training course approved by the Contractor for the cost of tuition, fees, text
books, and like expenses. The
Contractor will not duplicate payments for educational expenses supported by
sources outside the contract including but not limited to Veteran's benefits
payable for education, scholarships, and tuition discounts. The Contractor may prepay allowable
education expenses when deemed appropriate.
B. The
Contractor will limit payment of benefits under this section to those instances
where the research or the course of instruction or training may reasonably be
expected to benefit the Contractor either directly or indirectly through the
employee's advancement in his/her profession or skill. Where appropriate, the Contractor will
ascertain that proper scholastic standings are maintained before authorizing
such research, instruction, or training to continue from term to
term.
C.
Employee training programs may be conducted to increase employee skills
and efficiency; to develop techniques for solution of operating programs; and to
prepare participating employees for increased responsibility. Training programs may include but are
not limited to orientation, supervisory training, executive development,
employee development, professional organizations and
seminars.
D. The
Contractor may pay appropriate fees to Contractor employees who conduct classes
for Contractor employees. Such fees
will not exceed fifty dollars ($50) per class hour of instruction. Payment is limited to courses provided
under Contractor training programs and requiring outside preparation and not
considered a normal part of the recipient's job
assignment.
E. The
Contractor may sponsor undergraduate and graduate fellowship programs for
students representing underutilized groups in technical employment fields
normally sought through the Contractor's recruiting program. Students in the program will be employed
by the Contractor during the summer and will be on leave of absence during the
school year. A fellowship will be
paid for the leave of absence, which will supplement any university financial
support, if, any, up to a predetermined maximum amount. On an annual basis, the Contractor will
submit for Contracting Officer approval, a request for approval of expenditures
stating the total estimated cost, projected number of participants and the
maximum level for individual fellowships during the year. Increases in total cost, number of
participants or maximum level for individual fellowships must have Contracting
Officer approval.
Students will be admitted to the universities by the respective
institution's usual policies and procedures. Each fellowship student will have a
technical staff member from the Contractor assigned as an advisor to aid the
student's academic progress, as appropriate.
XII. EMPLOYMENT AND RECRUITMENT
EXPENSES
A.
Employment and Recruiting Expenses
Employment and recruitment expenses will be in
accordance with FAR 31.205-34, Recruitment Costs.
The Contractor may pay a sign-on bonus to recruit
employees with critical skills or an annual retention bonus to retain employees
with critical skills or whose expertise is critical to the completion of a
specific project.
B.
Physics Program Appointments
The Contractor may offer temporary guest appointments
to Physicists for work as required for the Contractor in the High Energy Physics
Program. Appointees may be
reimbursed as follows:
1.
Appointee may elect home institution fringe benefit
coverage.
2.
Payment of costs for transportation of appointee and family in accordance
with FAR 31.205-46 supplemented by DEAR 970.3102-05-46 and Clause
H.4.(c).
3.
If an appointee retains, with the approval of the Contractor, his/her
established residence void of rental or other income, he/she may be reimbursed
for the cost of equivalent and reasonable housing for himself/herself and family
for the term of the appointment.
4.
If an appointee rents or obtains other income from his/her established
residence, he/she may be reimbursed for the cost of the difference in equivalent
and reasonable housing for himself/herself and family for the term of the
appointment.
In the event the appointee becomes a regular employee, he/she will be
entitled to reimbursement for relocation expenses in accordance with FAR
31.205-35, Relocation Costs.
Travel expenditures shall be reimbursed in accordance
with FAR 31.205-46, supplemented by DEAR 970.3102-05-46, Clause H.4.(c), and
Clause H.20. Relocation expenditures shall be reimbursed in accordance with FAR
31.205-35, Relocation Costs.
XIV. SPECIAL PROFESSIONAL
SERVICES
A.
The Contractor may pay
fees or honoraria to persons, other than full-time employees
of
another DOE Contractor, who deliver lectures, conduct scientific or
engineering courses or symposia, or perform similar professional services for
the Contractor. The fee per day of
services shall not exceed four hundred dollars ($400) and shall be based upon
the individual's professional standing, the value of his/her services, the
degree of inconvenience to the individual, amount of time devoted to the
service, and other relevant factors.
In the case of persons from nearby institutions or organizations, the fee
may include an amount in lieu of reasonable expenses. In other cases, travel expenses, in
accordance with FAR 31.205-46 supplemented by DEAR 970-3102-05-46 and Clause
H.4.(c), may be reimbursed separately from the fee.
B. The
Contractor may pay a fee of two hundred fifty ($250) per day to each member of
the Fermilab Physics Advisory Committee for work done in connection with their
committee assignment. The person
serving as chairperson of the committee may be paid at a rate of three hundred
fifty ($350) per day. Excepted from
this provision are those committee members who are full time employees of
another DOE Contractor. Travel
expenses will be reimbursed in accordance with FAR 31.205-46 supplemented by
DEAR 970-3102-05-46 and Clause H.4.(c). in addition to the
fee.
DEFINITIONS
Director - the administrative head of the Laboratory, including
any person duly authorized and serving as Acting Director.
Employee
- a person employed by the Laboratory to carry out work under Contract No.
DE-AC02-76CH03000.
Exempt Employee - an employee exempt from the overtime provisions of
the Fair Labor Standards Act.
Nonexempt Employee - an employee subject to the overtime provisions of
the Fair Labor Standards Act.
Full-time Employee - an employee who is regularly scheduled to work at
least forty (40) hours per week.
Part-time Employee - an employee who is regularly scheduled to work
less than forty (40) hours per week.
Regular Employee - an employee whose employment is intended to extend
beyond six (6) months but is not limited to a stated period of time and who has
not been given a continuing appointment.
Term Employee - a regular employee whose employment is for a
stated period of time greater than six months.
Temporary Employee - any employee whose employment is intended not to
extend beyond six (6) months.
Work Day (of an employee) - the period of twenty-four (24) hours, commencing
with the time the employee commences work.
Work Week (of an employee) - the period extending from Sunday midnight to the
following Sunday midnight.
Promotional Increase - A salary increase granted upon assignment to a
position with increased responsibility and normally higher salary grade and
salary rate.
Adjustment Increase - A special salary increase that is granted to
correct salary inequities due to internal and/or external
factors.
Merit Increase - A salary increase that is granted to an employee
based upon performance in the current position to which the employee is assigned
and is based upon performance during the most current performance appraisal
period.