Overview
This section establishes that federal agencies must generally permit and not discourage contractor telecommuting, aligning with 41 U.S.C. 3306(f). It limits an agency's ability to prohibit telecommuting or penalize offerors who propose it unless specific security or performance justifications are documented.
Key Rules
- Default Policy: Agencies are prohibited from discouraging telecommuting unless a specific determination is made that the work cannot be performed remotely.
- Prohibition Restrictions: A solicitation cannot forbid telecommuting unless the Contracting Officer (CO) determines and documents in writing that agency requirements or security needs cannot be met through remote work.
- Evaluation Neutrality: Agencies cannot unfavorably evaluate a proposal solely because it includes telecommuting unless the CO provides a written determination that remote work would adversely impact the agency's requirements.
- Documentation Requirement: Any restriction on telecommuting or negative evaluation criteria must be justified in writing by the CO and clearly specified within the solicitation.
Practical Implications
- Burden of Proof: The burden lies with the government to justify "on-site only" requirements, making it easier for contractors to utilize remote workforces to lower overhead and bid more competitively.
- Security Justifications: In practice, security requirements (such as handling classified information in a SCIF) remain the primary valid justification for agencies to restrict telecommuting under this regulation.