Third National Collective Bargaining Agreement |
ARTICLE 32 Contracting Out
SECTION 1. It is recognized by the parties that although most activities performed in the NWS by employees are "governmental" in nature, there are some activities performed by employees of the NWS which can be considered as "commercial" in nature in accordance with the procedures established in OMB Circular A-76, and DOC/NOAA implementing instructions. The means for conducting new commercial activities, i.e., those not currently being performed by NWS employees, is excluded from coverage by this Agreement.
SECTION 2. NWS Management may, from time to time, be required by NOAA or DOC to develop an inventory of NWS commercial activities performed by NWS employees for subsequent study under OMB Circular A-76. Management may also determine that the conduct of certain well-established NWS commercial activities (e.g., taking surface or upper-air weather observations) by NWS employees may be potentially accomplished by private sector firms in a more efficient, more effective, or a less costly manner than as they are currently being performed by NWS employees.
Management agrees to provide the President, NWSEO with the identification of any such commercial activities which have been determined to be studied, any available proposed schedules of key events for such studies, and any other pertinent information within ten days of the completion or alteration of such a listing. Updates of these schedules will provided to the NWSEO President within 15 days of their approval.
SECTION 3. The NWSEO recognizes that the most important factor in the OMB Circular A-76 decision process is the cost of performing the commercial activity. A decision to retain performance of the commercial activities by NWS employees requires the timely implementation of the MEO. The MEO implementation may positively or adversely impact existing employees in the unit(s) studied.
SECTION 4. Prior to the scheduled MES completion date, the NWSEO is encouraged to consult with the NWS and provide recommendations as to how the NWS may best structure the work under study to reduce costs and/or increase productivity and efficiency, in order to enhance the competitiveness of the Government's bid. The NWS will give such input full consideration.
The NWSEO may request copies of the SOW from the NOAA/DOC Procurement Office once the SOW is processed and advertised by NOAA/DOC procurement officials in the Commerce Business Daily. The MEO documentation and cost comparison form can only be provided to the NWSEO, upon request, after the final decision to contract or retain by in-house performance is made. Final decisions of A-76 reviews are not grievable. The implementation of the results of A-76 reviews are subject to the provisions of Article 8.
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