Federal personnel manual system

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Material Information

Title:
Federal personnel manual system
Portion of title:
FPM letter
Physical Description:
Book
Language:
English
Creator:
United States Civil Service Commission
United States -- Office of Personnel Management
Publisher:
United States Civil Service Commission
Place of Publication:
Washington, D.C
Frequency:
irregular
completely irregular

Subjects

Subjects / Keywords:
Personnel management -- Handbooks, manuals, etc -- United States   ( nal )
Civil service -- Handbooks, manuals, etc -- United States   ( lcsh )
Personnel management -- Handbooks, manuals, etc -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
periodical   ( marcgt )

Notes

Issuing Body:
Vols for 1979- issued by: Office of Personnel Management.
General Note:
Description based on: 410-19 (Aug. 22, 1977); title from caption.
General Note:
Latest issue consutled: 292-23 (No. 3, 1983); title from caption.

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 021549616
oclc - 06727309
lccn - 2009238041
System ID:
AA00012996:00015


This item is only available as the following downloads:


Full Text
PM i. 4 /a: let. qito- .
Office of Personnel Management FPM Letter 410-26

* Federal Personnel Manual System Pubhdn dan
Published in advance
FPI.M ettef 410- 26 of incorporation in FPM
Chapter 410
SUBtECT: Determining The Source of Training RETAIN UNTIL SUPRSEDED


Washington, D. C. 20415

Heads of Departments and Independent Establishments: September 3, 1980



1. This letter amends Federal Personnel Manual chapter 410 (Attachment 1) and part 410
of title 5, Code of Federal Regulations, (Attachment 2) to prescribe policies and
procedures for determining whether Federal employees will be trained in Government or
non-Government facilities.

2.. The law [5 U.S.C. 4118(b)(2)] forbids non-Government training when adequate training
is reasonably available from Government facilities. However, the head of an agency
may not be able to find Government facilities which have relevant programs. Or the
head. of the agency may find that Government programs are more expensive than
son-Government programs. In either case, the training law permits non-Government
training. In addition, the new rules (Attachment 2) require non-Government training
if the needed training is not reasonably available (based on factors such as relative
cost) by, in, ox through Government facilities.
3. To determine whether adequate training is reasonably available from Government
Facilities, the new rules (Attachment 2) permit agencies to perform cost comparisons
under the provisions of Office of Management and Budget Circular No. A-76 (Revised),
March 29, 1979, "Policies for Acquiring Commercial or Industrial Products and
Services Needed by the Government." However, the provisions of the circular have
been modified as follows.to comply with limitations in the training law (5 U.S.C.
4101-4118) on the acquisition of training from non-Government facilities.

(a) Several sections of the circular permit contracts for goods and services without
prior consideration of Government sources of those goods and services. In view
of the limitation in section 4118(b)(2) of title 5, these sections of the
circular do not apply to the acquisition of training.

(b) The circular has special rules sectionn 9a(5) of the circular) for activities
under $100,000 a year in operating costs. These rules do not apply to training.
Instead, the Office of Personnel Management (OPH) will prescribe a simplified
cost comparison procedure for training activities under the $100,000 threshold.
The procedure will appear in a new supplement to the Federal Personnel Manual.
Until that supplement is issued, agencies shall postpone cost comparisons of
such activities.


hulkieun Training Policy Division, Workforce Effectiveness and Devel
(202) 653-6171
Code: 410, Training
Distribution: FPM





























to the tasks that managers perform in the procurement process, such as helping
contracting officers draft special standards of responsibility. The circular .
expressly acknowledges the Importance of these tasks in accomplishing its goals .
especially sections 9a(l) and 9c(1) of the circular). The Workforce Effectivwue"
and Development Group of the Office of Personnel Management assists managers :iti
performing such tasks. For assistance, call that Group's Office of Consulting:I'i
Services, (202) 632-6811. In addition, courses on the circular are available ft
the Management Sciences Training Center, Office of Training. One such course 16
"Cost Handbook Workshop--A-76." Another is "Developing Contract Work Statements:
For information on these courses, call (202) 632-5600.



Jule M. Sugarman
Deputy Director


Attachments


,





Attachment to FPM Ltr. 410- 26 (I-l)









FEDERAL, PERSONNEL. MANUAL.

CHAPTER 410. TRAINING
r 1,ln r :


I. (Pertinent provisions of FPM.cFhapter 410 are printed below. Lines are
drawn through deleted passages. New material appears within brackets.)

5-1 GENERAL REQUIREMENTS
"* *

b.-
[Consideration of fully trained employees.]

1) BEfrc authriLU ing trainLing 6y, in, or through nnC-Government



(2- [Before authorizing training by, in, or through non-Government
facilities, the] The agency must h#ve given consideration to the existing
or reasonably foreseeable availability and use of fully trained employees
to meet the agency's need. This means that the agency must take
appropriate steps to ensure that persons who are in its employ at the time
the training is to be authorized-and who possess at that time, or will
possess in the reasonably foreseeable future, the knowledge and skills
needed by the agency--would not be available to mpet that need.


reason available within the Government to meet'the agency's i d. The
agency would inarily determine that training within .the vernment is
not reasonably av ble 'when:

(a) Existing-programs thin its ow organization will not
adequately meet the ne programs cannot be
established in time e need effectively; and
reasonable inqujjyhas failed t 46sclose the
available jof suitable and adequate programs elsewhere
in tb government; or


-.(tubli ngaeau Jiabitii, or tf aher fantori thano wed
ua 0f n9-Cn-Governme:nt fazilitite.

c. Publicizing availability of training. The training program of

f ,' *,





Attachment to FPM Ltr. 410-26


5-4 LIMITATIONS AND WAIVERS

a. "an year -imitations [Staff-year limitation.] (1) In any fiedl.
year, the number of men [staff] years of training given employees of a.
agency through non-Government facilities under the law may not exceed o'i's i
percent of the totalana- [staff] years of civilian employment in the-'
agency during that year. (See section 5-5 for computation of training :i
time.) The total-me- [staff] years of civilian employment is that us.ei
for budget estimates of the agency for the given fiscal year. Training ':i 'a''
under authority other than chapter 41 of title 5, United States Code, is
not counted in applying this limitation.



[(2) The head of an agency may waive this limitation, if cost comparisom
studies under section of this subchapter demonstrate that such a::' ::::
waiver is in the public interest because the training available from ......:
non-Government facilities is as effective as, and less costly than,
training available from Government facilities. This waiver must be
executed before any contract may be awarded under section of this
subchapter which would cause the agency to exceed this limitation on t'he*
number of staff years of non-Government training that the agency's
employees may attend at the Government's expense.]

(2) [(3)] Agency heads may request waiver of this requirement [under
other circumstances] when it can be shown that adherence to the prescribe .
limitation would either delay or injure the agency's mission. Requests
are to be submitted to the "-ir-eoto, ea--u of TrP-a ing, U-ited t-eet-
Csivil krb ev C -ia ion [Associate Director, Workforce Effectiveness and
Development, U.S. Office of Personnel Management], Washington, D.C.
20415.
.:I::::::: :ir:


.:49i

I 1


(1-2)





Attachment to FPM Ltr. 410- 26 (1-3)


II. (The following material will be inserted as a new section in FPM
chapter 410, subchapter 5, in a future installment.)



5- DETERMINING THE SOURCE OF TRAINING


a. Required determinations. The training of employees may be authorized
only after the head of the agency concerned has determined whether
adequate training is reasonably available from Government facilities.
Government facilities must be selected when adequate training is
reasonably available from them; non-Government facilities must be selected
when adequate training is not reasonably available from the Government
facilities. The head of the agency will determine that adequate training
is not reasonably available from Government facilities when:

(1) Existing agency programs will not adequately meet the need, new
programs cannot be established in time to meet the need, and reasonable
inquiry has failed to disclose the availability of suitable and adequate
programs elsewhere1 in the Government; or

(2) The training programs of Government facilities would be more
expensive (because of such costs as travel, salary, and the facility's
fee) than the training programs of non-Government facilities which are
adequate to meet the need.

b. Applicability of Circular No. A-76. (1) To make the determinations
required by subsection a of this section, the head of the agency may
perform cost comparisons under the provisions of Office of Management and
Budget Circular No. A-76, Revised (March 29, 1979), "Policies for
Acquiring Commercial or Industrial Products and Services Needed by the
Government." (For detailed guidance on the circular's provisions, in
terms of training, see Federal Personnel Manual Supplement 410-1, "Cost
Comparisons of Training Facilities.")

(2) Circular No. A-76 requires cost comparisons of training
facilities under certain conditions. This requirement applies both to
in-house facilities and to facilities in the hands of contractors. Table
1 outlines the steps in deciding whether cost comparisons are necessary.










IAn agency is not obliged to open its training programs to employees in
other agencies, even if the only alternative is training by, in, or
through non-Government facilities.


















1. Exempt from cost
comparisons under one
of the circular's
provisions?



n4


yes


2. Likely to cost yes
less than $100,000
a year?



no


Devise, a procedure of yoqr oms
for determining whether
adequate training is
reasoiiably available ft :
Government facilities.
*lu :-g l


Perform simplified cost
comparisons.under the
provisions of FPM SuppL
410-1.


r V rS*. .1


.. ::!


,. .. .. ...


., z f *" **Sffi-"


3. Subject
alternative
approved by


to an
procedure
OPM?


yes
C--->


no
1


Implement the alternative
procedure. .






Perform cost comparisons unu4q*i|
the provisions of OMB Circula1c^
No. A-76.
________------: -A .i.......ii'iiiiiii


Table 1 Flowchart For Deciding Whether A-76 Cost Comparisons Are
Necessary


c. Exemptions from cost comparisons. (1) Various provisions of the
circular waive cost comparisons. The following are examples of such
provisions.

(a) Section 5a of the circular exempts a trainingS.'activity from cost
comparisons if it is a one-time activity of sAort duration
associated with support of a particular project. The cost
comparison procedure is meant only for regularly needed
activities of an operational nature.

(b) Section 10e(2) of the circular states in part that "new
requirements which would be suitable for award under authorized
set-aside programs should be satisfied by such a contract
without a comparative cost analysis."


- .. ,





Attachment to FPM Ltr. 410-26 (1-5)


(2)' However, agencies may not acquire training from Government or
non-Government facilities unless the head of the agency has first
performed a cost comparison or otherwise determined whether adequate
training is or is not reasonably available from Government facilities.
If a training program is exempt from cost comparisons, the agency
therefore has two choices.

(a) The agency may still perform a cost comparison to determine
whether adequate training is reasonably available from
Government facilities; or

(b) The agency may prescribe other procedures for making the
determinations.

d. The $100,000 threshold. Section 9a(5) of the circular states that
"ordinarily, agencies should not incur the delay and expense of conducting
cost comparison studies to justify a Government commercial or industrial
activity for products or services estimated to cost less than $100,000 in
annual operating costs." Hence, as an alternative to full-scale cost
I comparisons, section 9a(5) permits agencies to automatically contract the
work of such activities. However, neither alternative applies to training
facilities under the $100,000 threshold. Instead, the Office of Personnel
Management, with assistance from the Office of Federal Procurement Policy,
Office of Management and Budget, has developed a simplified cost
comparison procedure as part of Federal Personnel Manual Supplement 410-1,
"Cost Comparisons of Training Facilities." The provisions of this
supplement apply to all training facilities under the $100,000 threshold.
They also apply to all contracts for training under $100,000.

e. Procedures other than those of Circular No. A-76. (1) Agencies may
propose procedures other thanthose of the circular for making the
determinations required'by subsection a of this section. A proposal may
cover a single training activity or a class of activities. Proposals for
alternative procedures must be submitted to the Associate Director for
Workforce Effectiveness and Development, Office of Personnel Management,
Washington, D.C. 20415. Each submission should include the following
details.

(a) The name of each training facility subject to the agency's
proposal.

(b) The identity of provisions in Circular No. A-76 which would be
amended or set aside by the agency's proposal.

(c) A description of the procedures which would be substituted for
the circular's procedures.





Attachment to FPM Ltr. 410-26 (1-6)









(d) A fully documented statement of the reasons for believing that
the agency's proposal would Improve the economy, validity or
reliability of the determinations required by subsection a of"'l
this section. ':it.

(2) All proposals will be reviewed jointly by the Office of
Personnel Management and the Office of Federal Procurement Policy, Off ||
of Management and Budget. After reviewing recommendations of the Offici
of Federal Procurement Policy, the Director, Office of Personnel '
Management, will approve or disapprove each proposal.

(3) Proposals will be approved only if they are fully consistent i
with the policy precept in section 4c of the circular, that "when private.i
performance is feasible and no overriding factors require in-house
performance, the American people deserve and expect the most economical' ..-.
performance, and, therefore, rigorous comparison of contract costs versus" H
in-house costs should be used, when appropriate, to decide how the wor' mmm
will be done." Hence, all proposals should observe the following ;Hl
principles.

(a) Each proposal should grant non-Government facilities a fair
equitable opportunity to compete with Government facilities 0
the provision of training, and vice versa.

(b) Economy of performance should be a significant factor in the '"'.. l
competition. Other variables may include relevance of progra,-:
contents to official duties, relative quality, and timeliness. H"'|

(c) To determine relative economy of performance, the proposal
should call for rigorous accounting of the costs of in-house
performance. The total cost of in-house performance should
represent all categories of cost in the Cost Comparison Handbook.'
(Supplement No. 1 to OMB Circular No. A-76).

f. Determining the source of training for individual employees. The fact
that a training facility (Government or non-Government) has survived the
tests of a cost comparison or some alternative procedure does not mean
that it will thereafter automatically be preferred to all other
facilities. If an agency training officer determines that the facility's
programs are not adequate to meet the unique needs of an individual
employee, the training officer ought to consider some other facility for
the training. In short, cost comparisons merely determine whether a
training facility as a whole will be handled in-house or by contractors.
Irrespective of the outcome of cost comparisons, agency training officers
must independently appraise the adequacy of all reasonably available
Government and non-Government facilities in terms of the needs of each
individual employee.





Attachment to FPM Ltr. 410-26 (II-1)


FEDERAL PERSONNEL MANUAL SUPPLEMENT 990-1 BOOK III

PART 410. TRAINING


Part 410 is amended as follows:

SA. Section 410.501 is revised to read as follows:

0410.501 Determining the source of training.

(a) The training of employees may be authorized only after the head of
the agency concerned has determined whether adequate training is
reasonably available from Government facilities. If adequate training is
reasonably available from Government facilities, the agency shall train
the employees by, in, or through Government facilities. If adequate
training is not reasonably available from Government facilities, the
agency shall train the employees by, in, or through non-Government
facilities. The head of an agency will determine that adequate training
is not reasonably available within the Government when either of the
following conditions is met:

(1) Existing agency programs will not adequately meet the need, new
programs cannot be established in time to meet the need, and reasonable
inquiry has failed to disclose the availability of suitable and adequate
programs elsewhere in the Government; or

(2) The training programs of Government facilities would be more
expensive, because of the costs of distance, time, or other factors, than
the training programs of non-Government facilities which are adequate to
meet the need.

(b) In making the determinations required by paragraph (a) of this
section, the head of the agency may follow the procedures of the Office of
Management and Budget Circular No. A-76, Revised (March 29, 1979)
"Policies for Acquiring Commercial or Industrial Products Needed by the
Government." However, the provisions of the circular shall be modified as
follows to comply with the limitations in this part on training by, in, or
through non-Government facilities.

(1) Despite any provision of the circular to the contrary, an agency
may not acquire training from Government or non-Government facilities
unless the head of the agency has first performed a cost comparison or
otherwise made the determination required by paragraph (a) of this
section.















$100,000 threshold, the Office of Personnel Management shall prescrLbeib ,
part of the Federal Personnel Manual, simplified procedures for cost
comparison studies of training facilities, existing and planned, whoal
estimated annual operating costs are less than $100,000. These sim i .
procedures for cost comparisons shall be consistent with codt account$if
principles represented in the circular.

(3) No contract may be awarded for training under this section
would cause the agency to exceed the limitation in section 4106(a)(1'F )I44
title 5, United States Code, unless the head of the agency has waive4dI
limitation under 410.506(a) of this part.

(4) After consultation with the Office of Federal Procurement
Office of Management and Budget, the Office of Personnel Management :;|i||
approve procedures other than those of the circular for making the..::
determinations required by paragraph (a) of this section, if alterusti4
procedures are likely to improve the economy, validity or reliabilitY:i
those determinations.

B. Section 410.503(e) is amended to read as follows:

S410.503 General prohibitions, training through non-Government
facilities.
*I

(e) An agency may authorize the training of an employee through a
non-Government facility only after the head of the agency concerned
determines that appropriate consideration has been given to the then:.
existing or reasonably foreseeable availability and utilization of fulljtii
trained employees.

C. Paragraphs (a), (b), (c), and (d) of section 410.506 are redesignatei.i
as paragraphs (b), (c), (d), and (e) respectively of section 410.506, bS
a new paragraph (a) is added to read as follows:

410.506 Waiver of limitations on training of employees through .
non-Government facilities. '"il

(a) The head of an agency may waive the limitation in section
4106(a)(l) of title 5, United States Code, if cost comparison studies
under 1410.501 of this part demonstrate that such a waiver is in the
public interest because the training available from non-Government
facilities is as effective as, and less costly than, training available o:
from Government facilities.




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UNIVERSITY OF FLORIDA
3 1ii2 A lill I 349ll I IA Ill IIl JIIIll fI AIilI
3 1262 08729 3493




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