SPECIAL DOCUMENT 333
SSC San Diego Guide
For Fleet Support Personnel
Approved for public release;
Distribution is unlimited
SSC San Diego
San Diego, CA 92152-5000
This guide provides information for SSC San Diego representatives who work onboard U.S. Navy ships and facilities. The document includes basic information on military protocol and operations, and other general information.
This document is not the definitive resource, but provides a convenient consolidated reference on a wide range of subjects. These subjects include Employee Conduct, Sexual Harassment, Discrimination, Contracting, Shipboard Protocol and Layout, Alteration Installation Teams, Personnel Protective Equipment, and Security.
This document is written for civilian government employees, military personnel, and contractors. Some parts of this document are not relevant to all readers. If you have any doubts whether any section of this document applies to you, please ask your supervisor for direction.
Publications, instructions, and other information from SSC San Diego and various other organizations provided sources for the information in this document. All sections have been modified to some extent by editing during preparation of this document and by inclusion of valid review comments received during the period November 1999 through June 2000. A list of references for available published material is located at the end of this guide. Thank you to All Hands Magazine (chapter 2); the 3rd Fleet (chapter 2); the Equal Employment Opportunity Council (EEOC) (chapters 10, 11); Ingalls Shipbuilding (chapter 6); the Chief of Naval Operations (OPNAV) (chapter 12); the former Naval Electronic Systems Command (NAVELEX) (chapters 4, 9); Navy Occupation Safety and Health (NAVOSH) (chapter 12); Naval Sea Systems Command (NAVSEA) (chapters 3, 4, 13); Naval Supply Systems Command (NAVSUP) (chapter 5); the Secretary of the Navy (SECNAV) (chapters 7, 13, 17); Space and Naval Warfare Systems Command (SPAWAR) (chapter 4); and the U.S. Congress (chapter 8).
2. Visiting U.S. Navy Ships
2.1 Welcome Aboard
Many SSC San Diego personnel visit U.S. Navy ships each year. Shipboard layout, administrative organization, and rules of conduct aboard ship can turn a visit into a frustrating experience. This section will help you over the hurdles, answer your questions, and make your visit enjoyable and productive. It contains information applicable to working and/or deploying aboard ship. If you have any doubts whether any part of this section is applicable to you, please ask your supervisor or ship's sponsor for direction.
Please remember to be on your best behavior. Be considerate and courteous to your co-workers and customers. You are not only representing SSC San Diego, but are a guest in your customer's home.
2.2 Preliminary Preparations
Ensure that security and visit clearance messages have been sent before your departure in accordance with Type Commander's (TYCOMs) policy guidance for advance notification.
If possible, telephone the ship's Executive Officer (XO) or designated contact to confirm your estimated time of arrival and the receipt of required clearance messages. Answer all questions that the contact might have about the purpose of the visit.
Have your SSC San Diego security badge, and/or Optional Form 55 (U.S. Government Identification Card), and travel orders (if you are deploying) with you when you report aboard. You might also consider whether or not you will need a government driver's license. Per SECNAVINST 5510.30A, you cannot hand-carry a copy of your security clearance correspondence, but you should know the date time group (DTG) of your clearance message to expedite the ship finding the message. If your ship is deploying, bring your passport, special travel orders, and shot records. Contact (1) the SSC San Diego Travel Office, D0333, for specific information on the countries you will be traveling through; (2) the SSC San Diego Security Office, D0352, for area/country clearance information; and (3) the Naval Training Center or other Navy Dispensary for inoculations and special medical advice.
2.2.2 What to Bring
If deploying, be sure to bring the following: sunglasses, warm jacket, coveralls, personal protective equipment, bathrobe, rubber-soled shoes, shower shoes, hand towel, washcloth, soap, soap-dish, all toiletries, and any equipment, material, and tools you will require for your work. (Women should note that skirts and high heels are not appropriate wear for work at sea.) By all means, bring a camera. However, inquire about the ship's regulations before you begin shooting pictures. Remember to bring a sufficient supply of prescription medication that you may require during your voyage.
If not deploying, be sure to come appropriately dressed for the work you are performing and to bring any equipment, material, and tools you will require for your work
Remember, it is a ship, not a building, and ships pitch and roll. Please ensure that your personal items are stowed away securely for rough waters. If you tend to get motion sickness, take your medication early! Preventive maintenance is the important in avoiding nausea. The wise traveler takes his or her medicine an hour before the ship gets underway.
2.3. Arrival Onboard
2.3.1 Before Leaving SSC San Diego
Verify the naval station and pier at which the ship is located. If the ship is out of port before your scheduled arrival aboard, double-check its schedule. It may have changed. This information is available from the Fleet Readiness Office. Be sure to check with the ship's XO to ensure that berthing accommodations have been arranged if you are riding the ship.
2.3.2 Reporting Aboard
It is best to arrive at the ship the afternoon before ship departure to minimize any interference with ship's preparation for getting underway. If the ship is in port, board it at the forward brow, the access closest to the bow of the ship.
If the ship is at anchor, report to the boat officer or boat coxswain at the fleet landing specified in your travel arrangements. The boat officer will tell you the departure time of the boat to your ship and request that you be transported to that ship's accommodation ladder.
2.3.3 The Boarding Procedure
If boarding a ship between 0800 and sunset, an officer in civilian dress will stop at the top of the gangway, face the colors (aft), come briefly to attention, face the Officer of the Deck (OOD) and "request permission to come aboard." You should follow the same procedure. If you board the ship after sunset and before 0800, you may omit facing aft.
After permission to board is granted, report your arrival onboard to the OOD. The OOD, attired in the uniform of the day, will probably be carrying a "long glass" resembling a telescope. Present the OOD with your identification and orders. If appropriate, request that the OOD inform your contact aboard ship of your arrival.
If your work requires remaining aboard or going to sea, you must make berthing and mess arrangements ahead of time. The mess treasurer (a junior officer) will assign you a place to sleep. Space permitting, DP/DS/DT-II (GS-9 equivalent) and above will be berthed in a stateroom in the living spaces known as officers' country. Even when this is not feasible, you will be given the best accommodations available and all other wardroom privileges, including linens and towels, will be furnished.
2.3.5 Mess Fees
Every officer attached to a ship belongs to the officers' mess and pays a monthly bill. Civilians riding Navy ships are also required to pay for the meals eaten aboard. Payment, which is made to the wardroom mess treasurer, must be made before you leave the ship.
2.3.6 Alcoholic Beverages and Other Drugs
Absolutely no alcoholic beverages, illegal drugs, or drug-related paraphernalia are allowed aboard a Navy vessel. There are no exceptions and violations are punishable by law.
2.4. Finding Your Way Around
A few basic rules will help you find your way around a Navy ship. The main deck (the topmost deck that runs from bow to stern without interruptions) is the hangar deck on an aircraft carrier) is the baseline. Below the main deck are the second deck, third deck, etc. Above the main deck are the 0l (pronounced "oh one") level, 02 level, etc. (On current aircraft carriers, the flight deck is the 04 level).
2.4.2 Compartment Numbering
Do not worry... the never-ending maze of passageways, hatches, and ladders is navigable. Even if you do get lost (and it has been known to happen to the best of them), any crew member will be happy to point you in the right direction.
Think of compartment numbers as addresses. For example, "3-75-4-M" above the compartment door signifies the following: the 3 indicates the third deck; the 75 indicates that the forward boundary of the compartment is at frame 75 (starting at zero from the bow and increasing as you go aft). The 4 indicates that it is the second compartment from the centerline on the port side of the ship. An odd number indicates starboard side. M tells you that the compartment is used as a magazine. A is for storage places; C is for control spaces (CIC, communications spaces, pilothouse); E is for engineering spaces; F is for fuel storage; Q is for miscellaneous (shops, offices, laundry, galley); T is for vertical access trunks; and L is for living areas.
2.4.3 Traffic Flow
When facing the bow (front) of the ship, port is to your left and starboard is to your right. Traffic flow (mandatory during emergencies and drills) moves forward and up on the starboard side and aft and down on the port side.
Safety First. As you make your way around, please be careful! It is very easy to trip over hatches or lose your footing on a ladder. Tall folks, watch those overheads. Don't lean on the lifelines topside. They may not be as strong as they look. If you notice anything that causes concern, please report them immediately.
Entry into restricted or limited access areas can be arranged by your shipboard contact only after verification of your need-to-know and need-for-access. Request permission before entering any space for the first time, or until you know the ground rules of the ship for the various spaces.
Captain's and Admiral's "countries" are restricted unless invited. Traditionally, access to the Bridge and Pilothouse is restricted. It is customary to request permission before entering these areas. If your business requires you to be on the quarterdeck place of ceremony and honor, do not appear in work clothes.
2.5. Administrative Organization
In general, all Navy ships have the same overall organization headed by a Commanding Officer (CO) and Executive Officer. While it varies from ship to ship and by ship type, in general, major command departments include operations, combat systems, engineering, and staff departments including supply and medical. Aircraft carriers also have an air department, a navigation department, and an air wing composed of several squadrons.
2.5.2 Officer Ranks
The type of ship determines the seniority of the officers filling the billets. A department head on an aircraft carrier will be a commander, whereas the same department head on a destroyer will most likely be a lieutenant. Each major ship department is headed by an officer who is assisted by one or more division officers.
2.5.3 Rank Insignia of Navy Commissioned and Warrant Officers
Navy officers wear their rank devices in different places on their uniforms, depending upon the uniform. The three basic uniforms and the type of rank devices are khakis (a working uniform)pins on the collar; whitesstripes on shoulder boards; and, bluesstripes sewn on the lower sleeve. Shoulder boards are also worn on bridge coats and reefers. The collar devices are also worn on the right side of the garrison cap (a miniature officer's crest is worn on the left) and slightly larger devices are worn on the epaulets of the raincoat and working jacket.
Table 1. Rank insignia of Navy commissioned officers.
Lieutenant Junior Grade
* The rank of Fleet Admiral has been reserved for wartime use only. The last Fleet Admirals were in World War II. Fleet Admirals during that war were Chester W. Nimitz, William D. Leahy, Ernest J. King, and William F. Halsey.
Table 2. Rank insignia of Navy warrant officers.
Chief Warrant Officer
Chief Warrant Officer
Chief Warrant Officer
Note: The grade of Warrant Officer (W-1) is no longer in use in the Navy, so it is not shown here.
2.5.4 The United States Navy Officers' Crest
The officers' crest (figure 1) is worn on the Navy officer's cap. A large one is worn on the combination capthe cap with the black bill and cloth cover, and a smaller one is worn on the left side of the garrison cap.
Figure 1. Officers' crest
2.5.5 Rank Insignia of Navy Enlisted
The use of the word "rank" for Navy enlisted personnel is incorrect. The term is "rate." The rating badgea combination of rate (pay grade) and rating (specialty)is worn on the left upper sleeve of all uniforms in grades E-4 through E-6. Group rate marks for E-1 (optional) through E-3 are worn on dress uniforms only. Chief Petty Officers (E-7 through E-9) wear collar devices on their white and khaki uniforms, and rate badges on their Service Dress Blues.
Table 3. Rank insignia of Navy enlisted personnel.
Collar and Cap
Petty Officer Third Class
Petty Officer Second Class
Petty Officer First Class
Chief Petty Officer
Senior Chief Petty Officer
Master Chief Petty Officer
Master Chief Petty Officer of the Navy
2.5.6 Addressing the Officers and Crew
The CO of any Navy ship is called Captain regardless of rank. Other officers are referred to by their rank. An XO who is a lieutenant commander is usually called Commander. However, the XO may prefer to be addressed simply as XO. On larger ships (e.g., carriers and LHAs), the XO may be a captain in rank, in which case, it would be proper to address the XO by rank. Often, the XO prefers to be called XO to avoid confusion with the CO, who is also a captain in rank and captain of the ship. Enlisted personnel are addressed as follows:
The CO is greeted at every meeting. Other officers are greeted at the first meeting in morning and as you desire thereafter.
2.6. Wardroom Etiquette
2.6.1 The Wardroom
The wardroom is the officers' club, reading room, dining room, and office. Common sense, good manners, and rules of etiquette founded on Navy customs and traditions should be followed.
The uniform of the day is normally worn by officers in the wardroom, except on formal occasions. Your attire should match the standards set for the wardroom. Casual attire is normally acceptable, but dirty work clothes are not. Your dress should conform to the officers' attire. Sweatshirts, skivvies, shower shoes, etc. are never appropriate. Headgear is never worn in the wardroom except by ship's personnel on official business.
2.6.3 Seating at Meals
Seating arrangements are dictated by Navy tradition. The president of the mess (the CO or XO) sits at the head of the senior table with the mess caterer (an officer) at the opposite end. Officers are seated in order of seniority. Civilian guests are seated according to the host officer's directions. Regardless of your Pay Grade, you are a guest aboard the ship.
The following are points of wardroom etiquette stressed to newly commissioned officers. SSC San Diego personnel should follow them.
2.7. Living Aboard Ship
2.7.1 Ship Services
Exact procedures may vary from ship to ship. Please check with your sponsor to determine ship's policy for visitor use of ship's services.
126.96.36.199 Medical/Dental Services.Find out when Sick Call hours are for Medical and Dental services. Emergencies will be taken any time.
188.8.131.52 Ship' s Store.The ship store is a great source for any toiletries you may have forgotten, camera film, etc. The larger the ship, the greater the selection, so you may be able to purchase official Ship's sportswear, and various snacks). Be sure to check it out during its hours of operation.
184.108.40.206 Check-Cashing. Go to the Disbursing Office to cash a check during its hours of operation. The ship's store will not be accepting checks, so please be sure to stop by during check-cashing hours to get enough money to buy all the snacks and souvenirs you could ever want. Many of the larger ships also have ATMs onboard.
220.127.116.11 Post Office. Want to send a post card home? The Post Office is the place during its hours of operation.
18.104.22.168 Barber Shop.An appointment with the barber is usually scheduled a day in advance.
22.214.171.124 Laundry. Officer laundry is picked up per a prearranged schedule. For laundry to be picked up, it must be in a stenciled laundry bag that is securely fastened with a laundry pin. If the bag has holes or is not closed properly, your laundry may fall out during laundering. It's been known to happen, so secure it correctly. Laundry must be separated, dark items in one bag and light items in another. Uniform items should be placed on hangers and properly stenciled with last name and last
126.96.36.199 Trash/Recycling Call While at Sea.The Navy does not throw trash (or anything else) over the side. Find out where and when Trash Call is held. Trash will not be accepted at any other time. Remember to separate your recyclable containers (those items with a recycling triangle), glass, aluminum cans, steel cans, cardboard, and aluminum foil from your regular trash. Do not mix food with regular trash, it causes foul odors.
Although medical facilities on most Navy ships are limited, general medical attention is provided by a hospital corpsman. The larger ships may have a medical officer on board. However, if you require a specific medication, bring a sufficient amount onboard.
2.8 Some RULES
2.8.1 Mixed Gender Crew
If you are a female entering a space (such as a head or berthing) designated for males, or a male entering a space designated for females, please be considerate. Announce your presence as you enter by shouting "Female/Male On Deck." As a reminder, PT gear or a robe must be worn to and from the shower and is the minimum attire authorized when lounging in the berthing area.
188.8.131.52 Avoid Obstructing Passageways and Doorways.Avoid obstructing passageways and doorways, especially when an approaching person is carrying gear or is otherwise burdened. Do not impede the progress of a damage-control team investigating fire or flooding.
184.108.40.206 Smoke Only Where Smoking Is Permitted.The possibility that lit cigarettes, cigars, or pipes will ignite fuel oil fumes or ammunition is very high. Fumes gather and linger in a ship's semi-closed spaces. Heed the announcements that put out the smoking lamp either ship-wide or in specified areas. Cigarette butts are thrown only into butt cans. Pay attention to your sense of smell. If you smell fumesdo not smoke. Violating the procedures posted in the smoking area usually earns the violator some additional cleaning responsibilities during their off-duty time
220.127.116.11 Rough Weather Demands Special Precautions.Lifelines are considered a last resort. Their deck socket welds can deteriorate and render them ineffective as a barrier. Never lean or rest on a lifeline. Rough weather at sea compounds an already dangerous environment. Use caution and good sense at all times.
18.104.22.168 Observing Flight Quarters.Observe flight quarters on an aviation-capable ship only from an authorized observation point. Because foreign object damage (FOD) is a hazard to flight safety and can ruin an engine, do not wear a hat or carry easily lost small items topside during flight quarters.
Safety and preparation are the watchwords of today's Navy. You, as a guest of the ship, should read and save the following information for your own protection in case of a problem. Find out the abandon-ship station, man overboard, and general quarters muster points as soon as possible after coming onboard. Knowing where to go and what to do may prevent embarrassment and save your life.
22.214.171.124 Man Overboard.Your "Man Overboard" muster point is assigned by your sponsor. If you should hear the call for "Man Overboard," proceed immediately to this muster point so that we can determine that it's not you out there with your arms flailing in the water. You should be in the uniform of the day.
126.96.36.199 Abandon Ship. Your life raft station is assigned by your sponsor. Muster where directed.
188.8.131.52 Reporting Emergencies.Report all emergencies immediately to the OOD or as otherwise directed.
184.108.40.206 General Quarters (GQ).GQ drills are primarily for the benefit of Ship's Company to practice fighting catastrophic damage to the ship or to attain maximum readiness. If GQ is sounded during your off-watch time, please do not move about the ship opening hatches that have been secured. The best places for you are your watch station or your quarters. GQ drills last about 90 minutes and are usually scheduled in advance. Movement to GQ stations is important. The Thumb Rule of "Down and Aft to Port, Up and Forward to Starboard" allows for better flow through the narrow passageways. Regardless of the route assigned closing doors and hatches behind you is always correct. GQ is also known as "Battle Stations."
220.127.116.11 Showers and Fresh Water.Fresh water while at sea is precious! The ship's capability to produce fresh water is limited. The storage capacity of fresh water tanks is also limited. About 20 to 25 gallons per person per day must provide for cooking, drinking, washing, and bathing. The ship generates fresh water by essentially boiling seawater. This is an expensive undertaking. Navy showers (30-second washdown and 60-second rinse off) should be the norm. Follow this procedure to take a Navy shower:
If everybody follows these rules, there is plenty of fresh water to go around. If we start getting low on water, we are forced to shut off the supply and no one showers. Here's some Navy slang; A shower lasting over five minutes is a "Hollywood Shower". If the ship has to shut off the water it is called "Water Hours." Report any leaking valve. Adhere strictly to any water-usage hours.
18.104.22.168 Speak Softly When In Your Quarters.Bulkheads are not soundproof and the person in the next compartment may have a late watch.
22.214.171.124 Pick Up After Yourself. Please pick up after yourselves. The attendants responsible for the staterooms and Heads are Ship's Servicemen. These folks run the Ship's Store, Laundry, and Barber Shop. They fill the soda machines, keep all the associated legal records, and stock the storerooms. They are not expected to pick up after you. There is simply not enough labor available and there are clearly better ways to spend the taxpayer's money. Laundry that is marked and in a special laundry bag will be cleaned and returned to staterooms.
126.96.36.199 Whistling Is Taboo.Topside, whistling can be mistaken for a boson's call; below decks, whistling can be mistaken for sentinel valves lifting, turbine rubs, etc.
188.8.131.52 On-the-Job-Training.Take a moment to discuss with Ship's Force the equipment you are installing, testing, or repairing. Explain its applications and what you did and why you did it. This is an opportunity for you to provide On-the-Job-Training. This courtesy will pay dividends in increased interest in the job and greater cooperation.
2.9 Leaving the Ship
Check out with the XO when ready to leave the ship. Relate what you have accomplished aboard and how the end product will benefit the personnel of the ship or the Navy as a whole.
Check out with the mess treasurer and pay your mess bill. Do this the day before your departure.
When debarking, "request permission to leave the ship" from the OOD. If between 0800 and sunset, step out on the gangway, face the colors, and momentarily come to attention. Then proceed down the gangway to the boat or pier.
Be prompt when leaving the ship by boat. This is especially important when riding in the Captain's gig. Custom dictates that junior officers embark before seniors; senior officers disembark before juniors. You should follow the directions of the OOD when embarking and the boat officer (or coxswain) when disembarking.
You are a guest aboard a Navy ship. Regardless of your Pay Grade, the privileges and recognition given you are those elected to be given you by the ship's personnel. Your knowledge of Navy tradition and consideration of your host will make your stay aboard an enjoyable experience.
3. Alteration Installation Team (AIT) Shipboard Requirements Guide
3.1. Installation Preparation Requirements
3.1.1 Installation Planning and Preparation
The AIT shall not initiate preparation for alteration accomplishment until specifically tasked and funded by an AIT Manager. The AIT Manager will coordinate with and obtain approval of the cognizant Ship Program Manager (SPM), the Life-Cycle Manager (LCM)(if not the AIT Manager) and applicable Type Commander (TYCOM)(s) before tasking an AIT for accomplishment of a Ship Alteration (SHIPALT), Equipment Alteration (ALT), or Temporary Alteration (TEMPALT).
3.1.2 Pre-Installation Coordination Requirements
All alterations that are scheduled to be accomplished by an AIT during a scheduled Chief of Naval Operations (CNO) availability will be coordinated with and approved in advance by the cognizant SPM and the Naval Supervising Activity (NSA) that is designated to supervise the CNO availability. (NSAs include Naval Shipyards; Supervisor of Shipbuilding, Conversion and Repair [SUPSHIP] Offices; and Naval Ship Repair Facilities [NSRFs].) These alterations must be included in the Naval Sea Systems Command (NAVSEA) Availability Advance Planning Letter and subsequent Availability Authorization Letter for that CNO availability. Liaison between the AIT, the CNO availability planning activity, and cognizant NSA shall be initiated no later than 180 days before the start of the scheduled installation. Specifically, the AIT will notify the cognizant NSA who will provide the Master Ship Repair Contractor, when applicable, of all significant installation preparation requirements including material, team formulation and pre-installation coordination by the AIT.
1. Planned accomplishment during a CNO availability. NSA notification (at least 180 days before the start of the availability) shall include:
a. AIT activity and alteration(s) to be accomplished.
b. Type of MSR industrial support services (welding, rigging, hazardous material handling/ disposal, etc.) that will be required. See SUPSHIP Standard Work Template (SWT) 980-01, "Alteration Installation Team Support Service, Provide"
c. Quantity (man-days or man-hours) of each service that will be required
d. Listing of systems, locations and proposed sequence of events in which the AIT work will be accomplished, including any lay-down area requirements
e. Verification of compliance with insurance and Quality Assurance system requirements
f. Points of Contact for the AIT
g. Alteration installation production and testing schedule (including ship work approximate start date). This schedule should be provided through electronic means whenever possible to facilitate its timely integration into the overall CNO availability schedule and rapid NSA review
h. Expected duration of the AIT ship work (calendar days).
i. Installation production test schedules and Bill of Materials (desired in electronic format); These schedules will specify expected start dates and duration of all AIT shipboard work and testing, along with time frames where there could be a significant impact on ship's operations
2. Planned accomplishment outside of a CNO scheduled availability. When the installation is not to be accomplished during a CNO-scheduled availability, the AIT shall provide scheduling information to the TYCOM and to the cognizant NSA. The AIT will provide the section 1.2.a information to the cognizant NSA no later than 30 days before the start of the availability, or as directed by applicable Joint Fleet instructions.
3.1.3 Special Requirements
The AIT Manager is responsible for providing advance notification of alteration accomplishment requirements/impacts and making arrangements (including funding) for any required support services not provided by the AIT. These arrangements shall be made with the appropriate activity, including NSA, before the arrival of the AIT for accomplishment of the alteration, preferably 180 days in advance, and at least 135 days in advance. Possible requirements/ impacts will be identified in the initial scheduling of the alteration for accomplishment. Identified requirements for individual ships will be discussed in detail at the ship design-ship check out-brief and will be verified at the alteration accomplishment in-brief. Notification of these requirements may include, but are not limited to the following:
Whether these requirements are provided by the AIT or arrangements are made with the ship, the NSA or another activity for meeting these requirements, they shall remain the responsibility of the AIT. The AIT will provide funding for any required support services to the cognizant activity no later than 30 days before the expected start date that the services will be needed.
184.108.40.206 NSA Notification of Special Requirements.When alterations are planned for accomplishment during scheduled ship availabilities, the applicable NSA and the CNO availability planning activity (normally the Ship Availability Planning and Engineering Center [SHAPEC]) shall be notified of any special requirements that are planned for accomplishment of the alteration as soon as the requirements are identified. Funding for these special requirements shall also be identified. Excepting emergent requirements, the notification shall be provided not later than 180 days before the start of the availability to support the contract solicitation process. Funding for support services during a CNO availability shall be provided to the NSA 90 days before the start of the availability.
3.1.4 Design Ship-Check
In preparation for the design ship-check, the AIT shall establish contact with the applicable NSA or TYCOM to determine acceptable design ship-check dates. For TYCOMs that hold AIT Scheduling Conferences, the AIT or the AIT Manager should present the proposed ship-check schedule at the next AIT Scheduling Conference to allow notification of applicable ships and cognizant NSA of the intent to accomplish the alteration. Whether a ship-check is to be accomplished in or out of a scheduled CNO availability, the AIT shall provide visit clearance information to the cognizant NSA a minimum of five working days or as established by TYCOM policy before arrival.
220.127.116.11 Security Clearances.Where access is required to secure areas or equipment, the individual design ship-check team members requiring such access are required to have the proper level of clearance for access without escort. Security clearance information will be provided a minimum of
18.104.22.168 Design Ship-Check In-Brief.A design ship-check in-brief shall be conducted upon arrival onboard for appropriate members of Ship's Force and cognizant NSA personnel and, if applicable, the Planning Yard On-Site Representative. The briefing will explain the purpose and extent of the planned alteration(s) and provide an outline of data to be gathered, spaces requiring access, etc.
22.214.171.124 Design Ship-Check Out-Brief.After completion of the design ship-check, the team shall conduct a design ship-check out-brief. This briefing will discuss the extent of work required to accomplish the alteration on that ship and the extent of any support that may be required by the ship. This would include requirements for Pre-Installation Equipment Check-Outs (PICOs), weapons handling, etc.
3.1.5 Incidental Material
The AIT shall be responsible for supplying all material other than HCPM, including incidental/expendable (shop stores) material (i.e., tape, solder, welding rods, paint, fasteners, deck covering, insulation, etc.) required to accomplish the alteration.
3.1.6 Material Requirements
All material required installed/provided as part of an alteration shall be assembled by the AIT for each tasked hull. This material includes all material (SPAWAR Systems Command Program Manager and AIT-procured) required by the installation drawings and all required logistic support items (special tools/test equipment, interim spares, Allowance Parts Lists (APLs), maintenance plans, technical manuals, test procedures, Preventative Maintenance System (PMS), Maintenance Assistance Modules (MAMs), OSI, etc.) required to be turned over to the ship.
3.2 AIT Requirements
The make-up and management of the AIT is the responsibility of the AIT Manager tasked to accomplish the alteration.
3.2.1 AIT Formulation
The make-up of the AIT shall be as determined by the AIT Manager based on the skill level requirements of the work to be accomplished and the number of shifts the AIT is planned to work. Each AIT will be outfitted with all required hand tools, Personal Protection Equipment (PPE), General Purpose Electronic Test Equipment, special purpose electronic test equipment, installation and check-out spares, special alignment equipment, etc., required to accomplish the alteration. For those skills that require specific training, qualification and/or certification (welding, electrical connector assembly, SUBSAFE, SIGSEC, TEMPEST, Passive Countermeasures System (PCMS) installation, etc.), AIT members performing these functions shall be fully qualified/certified.
3.2.2 AIT On-Site Installation Coordinator
Each AIT shall have an AIT On-Site Installation Coordinator (military or government employee) designated by, and acting with the authority of the AIT Manager. The AIT On-Site Installation Coordinator will have general responsibility for the conduct of the installation. He/she will be the point-of-contact with the ship and the cognizant NSA. AIT On-Site Installation Coordinators shall be knowledgeable of and responsible for AIT adherence to all invoked requirements including safety, quality and, when applicable, the SUPSHIP Operations Manual (SOM), Appendix 2-E. For multiple shift operations, AIT On-Site Installation Coordinator coverage will be provided for each shift. AITs that do not have an assigned AIT On-Site Installation Coordinator (or documented approval from the cognizant SPM that an AIT On-Site Installation Coordinator is not required) shall not attempt to accomplish alterations to ships and will be denied access to ships.
3.2.3 Participation of Other Activities
Any participation of a system/equipment In-Service Engineering Activity (ISEA) or other activity that is required for accomplishment of required conjunctive or associated Ordnance Alterations (ORDALTs), Machinery Alterations (MACHALTs), Field Changes, etc., or for testing or certification of equipment or systems associated with the accomplishment of the tasked alteration(s) shall be coordinated with the AIT.
3.2.4 Transportation and Billeting
Transport of AIT personnel, tools, material, and support equipment to and from the installation site and all billet arrangements shall be the responsibility of the AIT.
3.2.5 Security Clearances
Where access is required to secure areas or equipment, the individual AIT members requiring such access will have the proper level of clearance for access without escort. A minimum of five working days before arrival, or as established by TYCOM policy, the AIT shall provide clearance information for AIT members to the ship, the TYCOM, the cognizant NSA, and appropriate naval activities. In situations requiring a quick response, security clearance information will be provided as far in advance as possible by the fastest means practicable. For alterations accomplished during CNO availabilities, the security requirements of the industrial or naval activity shall also be complied with in addition to those required for access to the ship.
3.2.6 Personal Protective Equipment (PPE)
Each AIT member is responsible for possessing and properly using PPE while onboard a ship and while transiting an industrial area to or from a ship. For alterations accomplished at an industrial activity, PPE shall meet the requirements of that facility. The AIT On-Site Installation Coordinator shall be responsible for ensuring compliance with this requirement by all AIT members. AIT members who do not possess or use proper PPE while onboard ship or while transiting an industrial area will be required to leave the facility/ship.
3.2.7 Emergency Lighting
An operable flashlight or chemical light stick shall be carried by each AIT member while on any ship that has industrial work being performed.
3.3 Installation Requirements
The performance and completion of ship-work is solely the responsibility of the AIT. The alteration is to be accomplished at the convenience of the ship on a not-to-interfere basis. Ship's Force will monitor the quality of AIT performance in accordance with Commander-in-Chief Atlantic Fleet/ Commander-in-Chief Pacific Fleet Instruction (CINCLANTFLT/CINCPACFLT INST) 4790.3, Volume II, Chapter 3, paragraph 126.96.36.199. All work practices shall conform to the latest version of NAVSEA Standard Items. The AIT On-Site Installation Coordinator (section 2.2 above) and cognizant NSA will assist Ship's Force in monitoring the quality of AIT performance. The AIT shall fully coordinate all AIT actions with the cognizant NSA. Ship's Force is ultimately responsible for all activities that happen aboard the ship, and provides oversight to all work onboard the ship. This oversight supercedes that of the cognizant NSA or Regional Maintenance and Modernization Coordination Office (RMMCO). Ship's Force has the authority to inspect or stop work at any time. AITs are responsible for keeping Ship's Force appraised of the status of their work aboard the ship and any impact it may have on ship's operations or safety. The general procedure for AIT accomplishment of an alteration is as follows:
3.3.1 AIT Check-In and Pre-Brief
Each AIT shall check in with the cognizant NSA and pre-brief the installation before reporting to the ship. For availabilities that are conducted within an area controlled by a specific NSA (i.e., availabilities conducted within the physical confines of a shipyard), the AIT shall check in with the cognizant NSA before performing work. When work is to be performed on a ship that is outside of an area controlled by an NSA, the AIT shall check in with the activity designated by TYCOM. During this pre-brief, the AIT shall provide a detailed installation plan, and review ILS documentation, special support requirements, ILS deficiencies, System Operation Verification Test (SOVT) requirements (as applicable). During this check-in, the NSA will ensure that the alteration has been approved for installation and that the schedule reflects the AIT's plan. AITs not meeting any of the above requirements will not be allowed to proceed to the ship until resolved.
3.3.2 In-Brief. An in-brief shall be scheduled and coordinated by the AIT Manager with the cognizant TYCOM, Squadron, NSA, and ship. The in-brief shall be conducted upon arrival onboard the ship and before initiation of alteration accomplishment. The in-brief shall be conducted as outlined in NAVSEA Technical Specification 9090-310C, Appendix F. Whenever possible, for alterations that impact several systems or spaces or require more than a week to complete, the in-brief shall be held for key personnel before the start of alteration accomplishment, coordinated by the TYCOM, NSA, or Squadron, as appropriate. Ship's personnel present should include, as applicable, the following individuals:
If the alteration is to be accomplished during a scheduled CNO availability, the NSA, the Planning Yard On-Site Representatives (Program Representative and Configuration Data Manager [CDM]) and the lead ship availability manager from the industrial activity will also be invited to attend. The AIT will record attendance and minutes of the in-brief and distribute to all attendees. AITs that have not held an in-brief shall not attempt to accomplish alteration and may be denied access to ship.
3.3.3 Ship-Work Outside of a CNO Scheduled Availability
If the alteration is to be accomplished outside of a scheduled ship CNO availability, the AIT On-Site Installation Coordinator shall check in with the cognizant NSA or the TYCOM designated point-of-contact; and then report to the previously established ship's point-of-contact, the applicable Department Head or Division Officer, or the Commanding Officer, before the arrival of the rest of the AIT and the installation material. Work shall be conducted in accordance with the schedule presented at the in-brief. It will be the responsibility of the AIT to perform required ship-work around restrictions that may be imposed by the ship because of emergent ship's evolutions. Any changes to the work schedule provided to the ship at the in-brief shall be reported to the ship and the cognizant NSA or the TYCOM designated point-of-contact, as soon as they are identified. The cognizant NSA or the TYCOM designated point-of-contact, shall be informed of the progress/completion of ship work.
3.3.4 Ship-Work During a CNO Scheduled Availability
If the alteration is to be accomplished during a scheduled CNO availability, the AIT On-site Installation Coordinator shall report to the cognizant NSA before the arrival of the rest of the AIT. The previously established ship's point-of-contact will also be contacted. As in the case of work accomplished outside of an availability, the AIT shall be responsible for scheduling work around events occurring as part of the availability. Any changes to the work schedule provided to the NSA and the ship at the in-brief shall be reported to the NSA and the ship as soon as they are identified. The activity accomplishing the availability shall have priority in regard to space access and services (power, cranes, welding, etc.) in support of the availability schedule.
3.3.5 Pre-Installation Equipment Checkout (PICO)
For alterations that require modifications to existing systems, the AIT will witness Ship's Force to complete a PICO of all applicable systems and equipment before modification/relocation to validate the operational status and characteristics of the systems and equipment. Ship's Force testing shall be PMS-based and currently implemented on the ship. Any additional testing shall be the responsibility of the AIT. The PICO report will outline Satisfactory (SAT) or Unsatisfactory (UNSAT) performance and will include known discrepancies and designate the activity responsible for correction. The AIT will provide a copy of the PICO report to the appropriate ship, NSA, and TYCOM representatives for record purposes within three working days of PICO completion.
3.3.6 AIT On-Site Installation Coordinator Responsibilities
Once work has been initiated, the designated AIT On-Site Installation Coordinator (section 2.2 above) will be responsible for the conduct of the AIT and the resolution of any problems that may arise. When work is to be accomplished during scheduled CNO availabilities, the AIT On-Site Installation Coordinator shall attend NSA availability production and coordination meetings. The AIT On-Site Installation Coordinator will provide installation progress and status of accomplishment during production and coordination meetings. NSA's or Ship's Force may report AIT deficiencies to the coordinator verbally or in writing, depending on the severity of the deficiency. AIT On-Site Installation Coordinators shall be responsible for correction/resolution of such deficiencies.
3.3. 7 Workmanship
Workmanship and work practices shall meet the requirements of all contract specifications, including applicable NAVSEA Standard Items. The AIT documented Quality System will include or make reference to procedures that will ensure product conformance. AIT Managers/NSA must ensure AITs have an acceptable Quality System (per NAVSEA Standard Item 009-04 (Quality System; provide)) before commencing installations. AITs without an acceptable Quality System may be denied access to the ship. When tasked, Planning Yards shall participate in AIT installations and production milestones (critical path) to ensure conformance to ship specifications and that the installation is accomplished in accordance with design. Planning Yard participation will ensure cradle-to-grave conformance to ship standards throughout the entire AIT installation process.
During accomplishment of the alteration, various circuits, pipe runs, equipment, etc., might have to be temporarily deactivated or placed in a reduced operating status. The Commanding Officer's designated representative shall be notified in writing of equipment and systems that require isolation to accomplish the alteration. This notification shall be provided before initiation of ship work so that tag-outs can be accomplished as required by ship's instructions. Notification shall be 48 hours before required deactivation to ensure proper coordination with other ongoing work. AIT members shall not deactivate or tag-out equipment. The AIT On-Site Installation Coordinator will request Ship's Force or the NSA (for coordination) to deactivate applicable equipment and install tags when tag-out of a system, piping or circuit is required. Deactivated SUBSAFE or Level I material removed as part of a submarine TEMPALT that is intended to be reinstalled when the TEMPALT is removed shall be controlled and stored in accordance with paragraph 3.4.6. NAVSEA Standard Item 009-24 (Isolation, Blanking and Tagging Requirements, Accomplish) provides additional guidance in this area.
3.3.9 Interference Removal
Installation of approved alterations often involves removal of interferences to gain access for alteration accomplishment. Removal, reinstallation, and testing of temporary interferences shall be in accordance with the requirements set forth in NAVSEA Standard Item 009-23. Systems and equipment requiring permanent modification or relocation to accommodate the alteration are not to be considered interferences, but will be considered part of the alteration design.
The AIT shall perform general housekeeping, including the proper disposal of any hazardous waste, industrial waste, or excess hazardous material, in all impacted areas as an ongoing part of the alteration accomplishment. At the completion of each shift, each work site shall be broom-cleaned of all debris and trash, including any hazardous waste, industrial waste, or excess hazardous material. All material will be disposed properly. Additionally, the AIT will be responsible for protecting equipment from contamination during the alteration installation process. NAVSEA Standard Item 009-06 (Protection During Contamination-Producing Operations and Maintaining Cleanliness; Accomplish) provides additional housekeeping guidance.
The AIT will test the alteration and all equipment directly impacted by accomplishment of the alteration in accordance with the approved drawings, test procedures, and applicable ship specifications. This includes inspection and testing of all systems impacted by the alteration, including systems that have equipment or machinery removed and reinstalled as interferences. Systems shall be subjected to appropriate testing to demonstrate operational acceptability including SIGSEC, TEMPEST, EMC, SUBSAFE, Collective Protection System (CPS), etc., as applicable. Such tests will be conducted under conditions simulating normal service conditions as closely as possible. An individual alteration will not be considered complete until a System Operation Verification Test (SOVT) and/or appropriate systems integration testing are successfully accomplished. The AIT On-Site Installation Coordinator shall maintain completed test reports during accomplishment of the alteration. A complete set of the test reports shall be provided to the ship at the completion of the alteration. Testing requirements shall be coordinated with the NSA and the industrial activity (generally beginning at the A-60 time point) for inclusion into an availability Integrated Test Plan/Total Ship Test Plan when ship-work is to be accomplished during a scheduled CNO availability. This will ensure that testing requirements do not conflict with other ongoing ship-work or present possible personnel safety hazards. The NSA shall be notified before all testing events and completed test reports shall be available to the NSA upon request.
3.3.12 Training and ILS
Upon completion of the alteration, any required on-the-job training of assigned members of the ship's crew shall be conducted by the AIT. Training will include both operation and maintenance of all new and modified equipment. All Integrated Logistic Support (ILS) items (including any required interim supported on-board spares that can not be procured by requisition), documentation, and a complete set of redlined installation drawings shall be turned over to the Integrates Logistic Overhead (ILO) if the ship is in a CNO availability, or directly to the ship if the ship is not in a CNO availability, in accordance with the check off list of NAVSEA Technical Specification 9090-310C-Appendix C. For applicable ships, this data, including the Completion Report, may be delivered directly to the local Planning Yard Homeport Representative. Combat System Technical Operations Manual (CSTOM) and Combat System Operational Sequencing System (CSOSS) documentation shall be updated if applicable. Combat system software/firmware and related documentation will be turned over to the designated officer. This includes unclassified and classified programs. Unique On-Board Repair Parts (OBRPs) or interim spares (as applicable), publications (two copies), special test equipment and ship's red-lined drawings, marked to indicate all variances, will be turned over to the appropriate ship's representative. This will allow proper recording of the receipt of the material in the ship's Shipboard Non-Tactical Automatic Data Processing (SNAP) program or other custody files. A completed OPNAV Form 4790/CK, with the Job Control Number (JCN) assigned will be turned over to the Ship's 3-M Coordinator. If planning data was not provided to the ship's CDM before the installation, AITs will provide SNAP-configured ships with appropriately formatted media through the applicable TYCOM for updating the database to properly reflect any configuration changes/new repair parts/support requirements that might arise from the alteration. For ships that do not have SNAP installed, appropriately annotated, hard copy Allowance Parts List (APL) pages will be supplied through the TYCOM. This updated information, validated by the AIT, together with ship's representatives, will act as both basis and authority for generating configuration change information in accordance with OPNAVINST 4790.4 and generating requisitions for supply support deficiencies in accordance with NAVSEA T9066-AA-MAN-010.
3.3.13 Final Housekeeping
After completion of all ship-work, the AIT will conduct final housekeeping in all areas involved in the alteration accomplishment. Excepting cryptographic equipment, equipment that is removed as part of the alteration and is to be turned in for accounting purposes shall be the responsibility of the AIT. Turn-in of cryptographic equipment will be the responsibility of the ship.
3.4 Installation Follow-up
After completion of all ship work, the AIT will conduct an out-briefing and will obtain the signature(s) of the ship's designated representative(s) on the Alteration Completion Report (see NAVSEA Technical Specification 9090-310C, Appendix C) cover sheet. The NSA and, when applicable, the Local Planning Yard On-Site Representatives (Program Representative and CDM) shall be invited to attend all out-briefs. For alterations accomplished outside of an availability, a joint ship/AIT alteration completion message shall be issued within 72 hours of operational certification. The message will indicate any system interface not demonstrated during operational certification and include all known discrepancies assigned to the responsible activity (i.e., the ship, the AIT, TYCOM, etc.). The alteration completion message is in addition to the Alteration Completion Report required in section 5.3 below. If the alteration is accomplished during a scheduled CNO availability, the NSA shall be notified by the AIT of their departure from the alteration site, all outstanding discrepancies, and the corrective POA&M indicated in the completion report. All special badges, passes, check-out forms, dosimeters, etc. will be turned in, as required, in accordance with cognizant NSA requirements.
3.4.2 Drawings Developed by the Planning Yard
For alterations where the design drawings are prepared by the Planning Yard, the AIT shall provide a red-line mark-up of the drawings to the ship and the Planning Yard indicating any/all deviations/ variances authorized by the Planning Yard to support the actual alteration accomplishment. The redlined drawings shall be forwarded within 15 working days of installation completion. Copies of Liaison Action Requests (LARs) that authorized the deviations or waivers shall also be forwarded to the Planning Yard. The AIT Manager shall provide funding necessary for the Planning Yard update of design drawings. Unless otherwise agreed to by the SPM and the AIT Manager, the cognizant SPM shall be the only activity to task Planning Yard efforts.
3.4.3 Drawings Developed by the AIT
For alterations where design drawings are prepared by the AIT and reviewed and approved by the Planning Yard, the AIT shall ensure that the approved design drawings are revised to indicate the actual "as installed" configuration on the ship. The ship will receive a redlined copy of the drawings at the time of alteration completion and, when revised, electronic media copies of the as-built drawings shall be forwarded to the applicable ship and the Planning Yard. Copies of any LARs, which authorized deviations or waivers from approved designs, shall also be forwarded to the Planning Yard.
3.4.4 Ship's Selected Record (SSR) Documentation
The AIT Manager shall provide funding necessary for the Planning Yard update of SSR documentation as directed by the SPM. The actual update of SSR documentation will be accomplished by the Planning Yard as part of the normal SSR update process associated with scheduled ship availabilities. SSR updates for AIT installations accomplished outside of scheduled ship availabilities may be accomplished on an annual basis, but shall be accomplished before expiration of AIT funding. If possible, they should be aligned with the normal SSR update process associated with the next scheduled availability of the respective ship, as installed drawings must be received by the Planning Yard for SSR updates to be accomplished.
3.5 Reporting Requirements
A minimum of three reports are required from the AIT for each task: a Task Status Report, a Naval Message Completion Report, and an Alteration Completion Report. If the Naval Message Completion Report and the Alteration Completion Report list installation deficiencies, the ship receiving the installation will send a naval message Final Completion Report when all deficiencies are corrected and the ship accepts the installation as complete.
3.5.1 Task Status Report
A Task Status Report (monthly or quarterly, as required by the tasking activity) shall be submitted to the AIT Manager with copies to the SPM, applicable TYCOMs, applicable NSA, the LCM, and the cognizant Planning Yard. Form and format of Task Status Reports shall be as specified by the tasking activity. For AITs with more than one alteration task from the same manager, the reports may be combined in the same document, but the data shall be segregated by alteration. Whether tasked by the LCM, the cognizant SPM, or another activity, copies of the report will be distributed so that the LCM, the SPM, and the cognizant Planning Yard are informed of the progress of the task(s).
3.5.2 Naval Message Completion Report
Upon completion of the installation, the AIT and ship will send a "joint" naval message reporting completion of the effort, plus any deficiencies in the installation and the comments of the ship Commanding Officer relative to the installation.
3.5.3 Alteration Completion Report
The AIT shall forward copies of the Alteration Completion Report to the applicable TYCOM, Group Commander, Squadron Commander, and cognizant NSA within 15 working days of alteration completion. The Alteration Completion Report will include all required signatures and data filled in on all applicable attachments. The AIT will also forward copies of the Alteration Completion Report to the LCM, the cognizant SPM, the ship's CDM, and the cognizant Planning Yard (if the Planning Yard is not the CDM) within 15 working days of alteration completion. For alterations to CV/CVN's, a copy shall also be forwarded to SUPSHIP Newport News (Code 1800); for submarines, to SUBMEPP (Code 1800); for surface ships, to SUPSHIP Portsmouth (Code 900). In addition, the Planning Yard shall also receive a redlined copy of all alteration drawings, marked up to indicate all variances from the original drawings, as part of the report. Planning Yards will notify the cognizant SPM of non-receipt of an Alteration Completion Report within 30 days of the scheduled completion date initially established in accordance with the provisions of NAVSEA Technical Specification 9090-310C.
3.5.4 Naval Message Final Completion Report Upon correction of all deficiencies reported in the Completion Report, the ship receiving the alteration installation will send a naval message Final Completion Report accepting the installation as complete. For more detailed information, see NAVSEA Technical Specification 9090-310C and SPAWARSYSCENINST 4720.1, Shipboard Installation Guidelines, 7 Dec 1998.
3.5.4 Naval Message Final Completion Report
Upon correction of all deficiencies reported in the Completion Report, the ship receiving the alteration installation will send a naval message Final Completion Report accepting the installation as complete.
For more detailed information, see NAVSEA Technical Specification 9090-310C and SPAWARSYSCENINST 4720.1, Shipboard Installation Guidelines, 7 Dec 1998.
4. Employee Contract Responsibilities,
Duties, and Limitations
4.1 Guidance for Employees Working with Contractors
This section is written specifically for Contracting Officers (KOs), Contracting Officer's Representatives (CORs), and Navy Technical Representatives (NTRs). For purposes of this section, if you are not a KO or a COR, then you are an NTR. (The KO can also be an Ordering Officer (OO); an OO is a KO who issues delivery or task orders against an Indefinite Delivery/Indefinite Quantity (IDIQ) "D" type contract.)
4.1.1 How Do I Know I Am Not a KO or COR?
The KO has a warrant specifying the limit of his/her contracting authority. The COR has an appointment letter from the KO specifying her/his duties on a specific contract or delivery (or task) order. If you do not have a warrant or COR appointment letter, you are an NTR.
4.2 Contracting Officer (KO) and Contracting Officer's Representative (COR)
4.2.1 Work of the COR
All members of the Contracting Officer's team's coordinated efforts are needed to execute the Government's responsibilities. The COR does not do it alone. Other technical personnel, those without the authority of the COR, have many of the same responsibilities to help ensure that contracts are successfully completed and protect the interests of the Government. The COR is the primary technical liaison between the KO and the contractor. The COR's performance must be objective, professional, and timely.
The COR must understand what the contract says. On this understanding hangs all effective COR actions. READ THE CONTRACT!
A broad range of responsibilities may be assigned to a COR. These duties may be grouped in the following categories of activities and responsibilities:
4.2.2 COR Limitation of Authority
Only the KO may modify the contract terms or enter into or change a contractual commitment on behalf of the Government. When the COR believes that contract changes are appropriate, the COR consults with the KO. Making changes appropriately is the key to maintaining contract integrity.
The COR never has the authority to take any action, directly or indirectly, that could change the contract, including the following:
Further, the COR may not perform the following:
4.3. Constructive Change/Unauthorized Commitment
A constructive change is an agreement made by a government employee or someone acting as a government employee (including support contractors) who lacks the authority to enter into the agreement on behalf of the Government. Many times, constructive changes are binding on the Government.
Constructive change occurs when the contractor believes that he has been directed by an authorized government employee to perform in a manner different from the requirements of the contract. Suggestions or technical advice offered by the COR or other technical personnel do not, in themselves, constitute constructive change. The contractor's acceptance of the unauthorized suggestion or advice as direction is necessary for constructive change to occur.
Constructive change can be by the Government's action or inaction. Failure to provide Government Furnished Property on time or within specifications or failure to comment on data submittals within the schedule in the Contract Data Requirements List are examples. The COR's knowledge of the Government's obligations under the contract is key to preventing "passive" constructive change.
Care must be exercised by government representatives so that the contractor does not misconstrue a suggestion to be a direction. Constructive change orders often consist of letters, e-mail, or other documents directing that additional work be performed, but without the use of the word change. Letters are written by technical people who have no intent to issue a change order. They can honestly deny an intent to direct a change.
The COR is committing constructive change when the COR makes oral or written statements to the contractor that are outside the COR's authority.
4.3.1 Characteristics of Constructive Change
Any government conduct that causes the contractor to incur costs or to perform work not required by the contract is a candidate for constructive change allegations. The following items are characteristics of constructive changes:
4.3.2 Preventing Constructive Changes
Follow these guidelines to prevent constructive changes:
When constructive change is identified, notify the KO. Act promptly to make the change as a proper Contract Modification. Negotiating a consideration for work yet to be done is more effective than negotiating after the contract has already incurred costs.
4.4. Anti-Deficiency Act (ADA) Violations
The person who made the constructive change can be held personally responsible. When additional funding is required, an ADA violation may occur, with personal criminal penalties. An ADA violation occurs when an officer or employee of the Government makes or authorizes an expenditure or obligation exceeding the amount available in an appropriation or involves the Government in a contract or obligation before an appropriation is made. The DoD has "zero tolerance" for ADA violations.
4.5. Avoiding Personal Services (FAR 37)
The COR has primary responsibility to ensure that non-personal services contracts remain non-personal. Simply stated, personal services are not legal unless specifically authorized by competent authority.
Non-personal services contract: a contract under which the personnel rendering the services are not subject, either by the contract's terms or manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees. (FAR 37.101)
Personal Services Contract: a contract that makes the contractor personnel appear, in effect, as Government employees. (FAR 37.101)
Service contract: a contract that directly engages the time and effort of a contractor whose primary purpose is to perform an identifiable task rather than to furnish an end item of supply.
An employer-employee relationship under a service contract occurs when, as a result of the contract terms or the manner of its administration during performance, contractor personnel are subject to the relatively continuous supervision and control of a Government officer or employee. However, giving an order for a specific article for service, with the right to reject the finished product or result, is not the type of supervision or control that converts an individual who is an independent contractor (such as a contractor employee) into a Government employee.
Each contract arrangement must be judged in light of its own facts and circumstances. The key question is: Will the Government exercise relatively continuous control over the contractor personnel performing the contract? The sporadic, unauthorized supervision of only one of a large number of contractor employees might reasonably be considered not relevant, while relatively continuos Government supervision of a substantial number of contractor employees would have to be taken strongly into account.
4.7. Pellerzi Criteria
The following descriptive elements, known as the Pellerzi Criteria, should be used as a guide in assessing whether a contract is written or administered as a personal services contract:
a. Performance takes place on-site (in a Government facility).
b. Principal tasks and equipment are furnished by the Government.
c. Services are applied directly to integral effort of the department or organizational subpart in furtherance of an assigned function or mission.
d. Comparable services, meeting comparable needs, are performed in the Government using Civil Service personnel.
e. The need for the type of service provided can be reasonably expected to last beyond one year.
f. The nature of the service requires Government direction or supervision of contractor employees in order to:
4.7.1 How to Avoid/Prevent Personnel Services
4.8. Coordination between the COR and the Naval Technical Representative (NTR)
The COR remains technically responsible for contractor performance monitoring despite the assignment of NTRs. Therefore, the COR should ensure input received from the NTRs is accurate and appropriate to the scope of the contract and delivery order.
4.9. COR Interface with Contractor
The COR must ensure the contractor understands that the COR IS THE TECHNICAL FOCAL POINT for the contract and all delivery orders. Other Government personnel, such as NTRs may be assigned responsibilities to assist and support the COR, but do not have the authority to provide ANY technical direction directly to the contractor. They may, however, provide clarification/coordination for the contractor.
4.10. COR/NTR Supervisor
Implements and maintains a control system to effectively supervise CORs and NTRs in a chain-of-command accountability capacity. This control system provides the means to monitor, review and oversee COR's/NTR's performance and includes input from the PCO and Ordering Officer (OO) as appropriate. Critical Performance elements shall also be established to ensure CORs and NTRs receive proper recognition for these duties.
4.11. COR Duties
These duties represent the minimum requirements and may be expanded upon as needed for individual assignments. Actual COR duties are assigned in writing by the Contracting Officer in the COR appointment letter.
4.11.1 Major Duties
Serves as the technical liaison for the contracting officer, monitors the contractor's performance, conducts In-Process Reviews and on-site inspections, analyzes and determines reasonableness of contractor incurred direct expenditures, evaluates and documents the contractor's overall performance, and coordinates government furnished property. Responsible for the overall monitoring effort, coordinating NTR assignments and ensuring monitoring efforts are effective.
4.11.2 Knowledge Required
Technical knowledge of the requirement to be satisfied by the contract. Certification of successful completion of the approved SPAWAR COR training course and when required the approved SPAWAR COR Refresher training course.
4.11.3 Critical Performance Element for CORs
4.12. NTR Duties
These duties represent the minimum requirements and may be expanded upon as needed for individual assignments as NTR in support of the COR.
4.12.1 Major Duties
The NTR Supplements the COR's technical expertise.
4.12.2 Knowledge Required
4.12.3 Critical Performance Elements for NTRs
5. Standards of Conduct and Procurement Integrity
5.1. Standards of Conduct (SOC)
Everyone working for the Department of the Navy is covered by DOD 5500.7-R, which provides guidance and examples covering such areas as disclosure of private interest, speaking, lecturing, writing and appearances, travel and transportation, gifts, gratuities, enforcement of post-government service employment, and political activities. This DOD publication prescribes ethical standards and rules of conduct, establishes procedures for reporting and enforcing employment restrictions, assigned responsibility and accountability for compliance.
a. Prohibited Behavior. Each individual is accountable for his actions. If you have reason to believe that the rules of conduct are being/have been violated, the matter must be reported to the appropriate command authority. Standards of Conduct prohibitions include, but are not limited to, the following:
(1) Gratuities. A gratuity is some item or benefit accruing to you or a member of your household, for which a fair market value is not paid by the recipient. DON personnel, spouses, minor children, and members of immediate family shall not solicit, either directly or indirectly, from or on behalf of a defense contractor or other entity. The publication states that we may accept an unsolicited advertising item providing it's value does not exceed $20.00. However, you must also be concerned with the appearance of impropriety. Do not make an individual interpretation. If doubtful, see an ethics counselor.
(2) Collusion. This is a secret agreement for fraudulent purposes. This is conspiracy and is in violation of SOC.
(3) Conflict of Interest. SOC states that you shall not engage in any activity or acquire or retain any financial interest that results in a conflict of interest of the United States related to your duties.
(4) Appearance of a Conflict of Interest. Both Contracting Officer's Representatives (CORS), Naval Technical Representatives (NTRs) and Ordering Officers shall avoid any action(s), whether or not specifically prohibited, which might reasonably be expected to create the appearance of:
Examples range from simple things such as going to lunch with contractors (even if you pay your own way), to providing contractors with advance procurement information, to excusing or accepting unacceptable or inadequate supplies or services.
b. Reporting. The DON maintains a system to permit officials to determine actual or apparent conflicts of interest. SF Form 450, Confidential Financial Disclosure Report, is required to be filed annually by GS/GM 15 and below and Military 07 and below when their official responsibilities require exercising judgment in making Government decisions regarding contracting. Each submittal is reviewed for completeness and violation of applicable statutes and regulations, then signed by the reviewing official. These forms are saved for six years.
5.2. Procurement Integrity
The Federal Acquisition Regulation, Part 3.104-2 discusses the applicability of the "Procurement Integrity" provisions contained in Section 27 of the Federal Procurement Policy Act (41 U.S.C. 423). Procurement Integrity provisions prohibit certain actions on the part of "procurement officials". For the purposes of procurement integrity, all CORs, NTRs and Ordering Officers are considered to be "procurement officials."
Prohibited Activity. The Procurement Integrity Act outlines prohibited activity during the conduct of an agency procurement for both procurement officials and competing contractors, as follows:
a. Procurement officials are prohibited from participating in the following activities:
(1) Soliciting or discussing future employment or business opportunity with or from a competing contractor;
(2) Soliciting or accepting money, a gratuity or any other thing of value from a competing contractor;
(3) Disclosing contractor bid or proposal information and source selection information to any person not authorized to receive the information. (NOTE: This prohibition also applies to any agency employee with access to information regarding contractor bids or proposals, or source selection information.)
(4) Working for a contractor for one year from the end of a person's participation in a procurement in excess of $10 million.
An employee or former employee who is uncertain whether specific conduct would violate the law may request a formal advisory opinion from his ethics official under procedures prescribed in the regulations. This opinion must be received in writing.
b. Competing contractors are prohibited from participating in the following activities:
(1) Knowingly discussing or making an offer of future employment or business opportunity to any procurement official of the agency.
(2) Giving or offering a procurement official anything of value (money or gift) at any time.
(3) Soliciting or obtaining from Government personnel, prior to award, any unauthorized source selection or proprietary information regarding a current procurement.
6. Rules of Employee Conduct
All organizations need order and discipline to succeed. Accordingly, this section lists examples of types of conduct (an exhaustive list is not possible) which, if violated, may lead to disciplinary action, possibly including immediate discharge.
7. The United States Navy Core Values
7.1 Basic Principles
Throughout its history, the Navy has successfully met all its challenges. America's naval service began during the American Revolution, when on October 13, 1775, the Continental Congress authorized a few small ships. Creating the Continental Navy. Esek Hopkins was appointed commander in chief and 22 officers were commissioned, including John Paul Jones.
From those early days of naval service, certain bedrock principles or core values have carried on to today. They consist of three basic principles.
Honor: "I will bear true faith and allegiance ..." Accordingly, we will: Conduct ourselves in the highest ethical manner in all relationships with peers, superiors and subordinates; Be honest and truthful in our dealings with each other, and with those outside the Navy; Be willing to make honest recommendations and accept those of junior personnel; Encourage new ideas and deliver the bad news, even when it is unpopular; Abide by an uncompromising code of integrity, taking responsibility for our actions and keeping our word; Fulfill or exceed our legal and ethical responsibilities in our public and personal lives twenty-four hours a day. Illegal or improper behavior or even the appearance of such behavior will not be tolerated. We are accountable for our professional and personal behavior. We will be mindful of the privilege to serve our fellow Americans.
Courage: "I will support and defend ..." Accordingly, we will have: courage to meet the demands of our profession and the mission when it is hazardous, demanding, or otherwise difficult; Make decisions in the best interest of the navy and the nation, without regard to personal consequences; Meet these challenges while adhering to a higher standard of personal conduct and decency; Be loyal to our nation, ensuring the resources entrusted to us are used in an honest, careful, and efficient way. Courage is the value that gives us the moral and mental strength to do what is right, even in the face of personal or professional adversity.
Commitment: "I will obey the orders ..." Accordingly, we will: Demand respect up and down the chain of command; Care for the safety, professional, personal and spiritual well-being of our people; Show respect toward all people without regard to race, religion, or gender; Treat each individual with human dignity; Be committed to positive change and constant improvement; Exhibit the highest degree of moral character, technical excellence, quality and competence in what we have been trained to do. The day-to-day duty of every Navy man and woman is to work together as a team to improve the quality of our work, our people and ourselves.
These are the CORE VALUES of the United States Navy.
8. Code of Ethics for Government Service
8.1 Authority and Code
Authority of Public Law 96-303, unanimously passed by the Congress of the United States on June 27, 1980, and signed into law by the President on July 3, 1980.
ANY PERSON IN GOVERNMENT SERVICE SHOULD:
I. Put loyalty to the highest moral principles and to country above loyalty to persons, party, or Government department.
II. Uphold the Constitution, laws, and regulations of the United States and of all governments therein and never be a party to their evasion.
III. Give a full day's labor for a full day's pay; giving earnest effort and best thought to the performance of duties.
IV. Seek to find and employ more efficient and economical ways of getting tasks accomplished.
V. Never discriminate unfairly by the dispensing of special favors or privileges to anyone, whether for remuneration or not; and never accept, for himself or herself or for family members, favors or benefits under circumstances which might be construed by reasonable persons as influencing the performance of governmental duties.
VI. Make no private promises of any kind binding upon the duties of office, since the Government employee has no private word which can be binding on public duty.
VII. Engage in no business with the Government, either directly or indirectly, which is inconsistent with the conscientious performance of governmental duties.
VIII. Never use any information gained confidentially in the performance of governmental duties as a means for making private profit.
IX. Expose corruption wherever discovered.
X. Uphold these principles, ever conscious that public office is a public trust.
9. PREVENTING SEXUAL HARASSMENT
This Section explains what sexual harassment is under federal law and what it is not, the kinds of behavior that may be interpreted as sexual harassment in the workplace, how a workplace environment can become "sexually hostile," how to avoid sexually harassing co-workers, how to deal with sexual harassment if it arises, and what to do if you become involved in a sexual harassment investigation.
This section was designed to provide accurate and authoritative information in regard to sexual harassment, but is not intended to render legal advice. If legal advice or other expert assistance is required, the services of a competent professional should be sought.
9.2. What Is Sexual Harassment?
Sexual harassment at work occurs whenever unwelcome conduct on the basis of gender affects a person's job. It is defined by the Equal Employment Opportunity Commission (EEOC) as "un-welcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
Under the law, there are two basic kinds of sexual harassment. The first is when an employee suffers or is threatened with some kind of "pocketbook" injury. A supervisor or someone else with authority over the victim makes a "put out or get out" demand"submit to my sexual requests or you will be fired, demoted, intimidated passed over for a promotion, or in some other way made miserable on the job." This type of sexual harassment is called quid pro quo, meaning "this for that," and can be committed only by someone in the corporate structure who has the power to control the victim's job destiny.
The second kind of sexual harassment is called "hostile environment." A supervisor, co-worker, or someone else with whom the victim comes in contact on the job creates an abusive work-environment or interferes with the employee's work performance through words or deeds because of the victim's gender. A sexually hostile work environment can be created by:
9.3. When Does an Environment Become Sexually Hostile?
To some extent, a sexually hostile environment is one of those things that bring to mind the saying, "you know it when you see it." Relatively trivial, isolated incidents generally do not create a hostile work environment.
Factors considered by courts in determining whether behavior has become severe enough or pervasive enough to create a hostile environment include:
Hostile environment sexual harassment was not found in cases where women were asked for a couple of dates by co-workers, subjected to only three offensive incidents over 18 months, or subjected to only occasional teasing or isolated crude jokes and sexually explicit remarks.
Sexual harassment was found, on the other hand, where women were touched in a sexually offensive manner while in a confined work space, were subjected to a long pattern of ridicule and abuse on the basis of their gender, or were forced to endure repeated unwelcome sexual advances.
9.4. Is it Really Sexual Harassment?
Hostile environment cases are the most difficult type of sexual harassment to recognize. The particular facts of each situation determine whether offensive conduct has "crossed the line" from simply boorish or childish behavior to unlawful gender discrimination. Courts now recognize that men and women have different levels of sensitivity; conduct that does not offend most men might offend most women. Studies show that two-thirds of men surveyed would be flattered by a sexual approach in the workplace, for example, and only 15 percent would be insulted. The figures are reversed for women. This difference in reaction has led many courts to adopt a "reasonable woman" standard for judging cases of sexual harassment, rather than a "reasonable person" point of view. If a reasonable woman would feel harassed, harassment may have occurred, even if a reasonable man might not see it that way.
Because the legal boundaries are so poorly marked, the best course of action is to avoid all sexually offensive conduct in the workplace. You should be aware that your conduct might be offensive to a co-worker and govern your behavior accordingly. If you're not absolutely sure the behavior you have experienced or witnessed is sexual harassment, ask yourself these questions:
If the answer to any of these questions is "yes," the conduct may well be sexual harassment.
9.5. How Can I Tell If Conduct Is Unwelcome?
Only unwelcome conduct can be sexual harassment. Consensual dating, joking, and touching, for example, do not amount to harassment under federal law if they are not unwelcome or offensive to anyone in the workplace.
Gender-based conduct is unwelcome if the recipient did not initiate it and regards it as offensive. Some sexual advances ("come here Babe and give me some of that") are so crude and blatant that the advance itself shows that it is unwelcome. In a more typical case, however, the welcomeness of the conduct will depend on the recipient's reaction to it.
9.5.1 Outright rejection. The clearest case is when an employee tells a potential harasser that his or her conduct is unwelcome and that the victim is offended or made uncomfortable. It is very difficult for a harasser to make a court believe "She said no, but I know that she really meant yes." A second best approach is for the offended employee to consistently refuse to participate in the unwelcome conduct. A woman who shakes her head "no" when asked for a date and walks away has made her response clear.
9.5.2 Ambiguous rejections. Matters are more complicated when an offended employee fails to communicate. All of us, for reasons of politeness, fear, or indecision, sometimes fail to make our true feelings known. A woman asked out for a "romantic" dinner by her boss may say, "not tonight, I have a previous commitment" when what she really means is, "no way, not ever." The invitation is not inherently offensive and the response leaves open to question whether the conduct was truly unwelcome.
9.5.3 Soured romance. Sexual relationships among employees often raise difficult issues as to whether continuing sexual advances are still welcome. Employees have the right to end such relationships at any time without fear of retaliation on the job. However, because of the previous relationship, it is important that the unwelcomeness of further sexual advances be made very clear.
9.5.4 What not to do. Sending "mixed signals" can defeat a case of sexual harassment. Complaints have failed because the victim:
9.5.5 What You Should Do
If you find gender-based or sexually oriented conduct offensive, you should make your displeasure clearly and promptly known. Remember that some offenders may be unaware of how their actions are being perceived. Others may be insensitive to the reactions of fellow workers. Tell the harasser that the behavior is not acceptable and is not welcomed by you. At the very least, refuse to participate in such behavior.
Even if you do not find such conduct personally offensive, remember that some of your co-workers might, and avoid behavior that is in any way demeaning to members of the opposite sex. In determining if your own conduct might be unwelcome, ask yourself: "Would my behavior change if someone from my family was in the room or would I want someone from my family to be treated this way?"
You and the Navy each have a stake in maintaining a harassment-free work environment.
Retaliation against any employee who reports sexual harassment or who cooperates when the Navy investigates a claim of sexual harassment is prohibited. The Navy will want to conduct a prompt and thorough investigation of all complaints and matters will be kept as confidential as possible.
Navy policy provides that any employee found to have committed sexual harassment will be subject to discipline, up to and including immediate discharge, and that the complaining employee will be told whether action has been taken.
9.6. Respond Appropriately When You Encounter Sexual Harassment
If you experience sexual harassment or witness it, you should make a report to the appropriate Navy official. You do not have to report the incident to your supervisor first, especially if that is the person doing the harassing.
Before you report a problem, you might want to try some self-help techniques, using the DOs and DON'Ts listed below.
If you do follow these self-help suggestions, remember that sexual harassment is a Navy problem and the Navy wants to know about it so it can take prompt and appropriate action to ensure that no further incidents occur either to the present victim or to other employees in the future. Report incidents immediately, especially if they are recurring.
9.7. Participation in an Investigation
All employees have a responsibility to cooperate fully with the investigation of a sexual harassment complaint. Investigations will vary from case to case, depending on a variety of circumstances. While not every investigation will follow the same format, in every case you need to keep certain things in mind.
9.7.1 Keep it confidential
First, whether you are the accused employee, the complaining one, or merely a potential witness, bear in mind that confidentiality is crucial. Two people have their reputations on the line and you may or may not know all the facts. The Navy will keep the information it gathers as confidential as possible, consistent with state and federal laws; and both the accused and the alleged victim will be given a fair chance to present their cases.
9.7.2 Don't be afraid to cooperate
There can be no retaliation against anyone for complaining about sexual harassment, for helping someone else complain, or for providing information regarding a complaint. Title VII protects employees who participate in any way in EEOC complaints, state laws have similar protections, and Navy policies protect employees who honestly participate in in-house investigations. If you are afraid to cooperate, you should be very frank about your concerns when talking to the Navy investigator.
9.7.3 Answer the questions completely
188.8.131.52 As the complainant.If you are the person making the complaint, the investigator will need to know all the details, even though some of them may be unpleasant. The company investigator has a duty to be fair to everyone involved and needs as much information as possible to make the right recommendation. Please be prepared to give the investigator the following information:
The investigator may need to talk with you several times as other employees are questioned and information is gathered.
As the accusedIf you are the person accused of sexual harassment, you must remember that you have a duty to cooperate in the investigation, regardless of whether you believe the allegations to be true or false. You will be expected to answer questions completely and honestly.
You may be asked not to communicate with certain individuals during the course of the investigation. You must remember that you are not to retaliate against the person who made the complaint or against anyone who participates in any way in the investigation.
Failure to abide by these rules may result in discipline against you, even if the investigation shows that no sexual harassment occurred.
You may be asked to confirm or deny each of the specific allegations made against you. It is possible that the allegations are gross exaggerations or downright lies. It is important to remain calm and keep your responses factual. You may be asked to provide any facts that might explain why the complainant would be motivated to exaggerate or fabricate the charges. The investigator might need to talk to you several times as other employees are questioned and information is gathered.
184.108.40.206 As a potential witness. You may be asked to provide details concerning alleged sexual harassment that occurred between two other employees. You have a duty to respond truthfully to the questions concerning these allegations.
The natural tendency after an interview by an investigator is to share with co-workers the more interesting details. Remember that Navy policy is to keep the interviews of everyone as confidential as possible. Gossip about allegations, particularly allegations of sexual misconduct, can unfairly damage the reputation of your coworkers.
9.7.4 Keep the lines of communication open
The object of the company's investigation is to find out what happened. The investigator may conclude that sexual harassment occurred, that it did not occur, or that it is impossible to tell what really happened.
As the person who made the complaint or as the person accused, you have the right to know in general terms what the Navy's conclusion is and you should ask if you are not told. Do not assume that the matter is settled until you have been told directly.
If you are the complaining party, it is important to report promptly any new incidents of sexual harassment that occur after your first talk with the investigator and to tell the investigator about anything you may have forgotten or overlooked. Do not be discouraged by the fact that the company takes time to act and bear in mind that the more information you provide, the better chance there is for decisive action by the company.
If you are the accused, do not be discouraged if the Navy's investigation fails to completely clear your name. It is not uncommon for an investigator to conclude that there is no way to tell what really happened. Remember that sexual harassment complaints often involve one-on-one situations in which it is difficult to determine where the truth lies. Moreover, two people can have totally different perceptions of the same incident. The best you can do in such a situation is to have a frank discussion with the complaining party, perhaps in the presence of a company representative, and to avoid future situations in which your words or conduct can be used as evidence of sex discrimination.
Expect adequate remedial action. If the Navy finds that sexual harassment did occur, expect it to take some remedial action. A variety of disciplinary measures may be used, including:
The action taken in any particular case is within the Navy's discretion. The aim of the action is to make sure that future harassment does not occur. If you, as the complaining party, feel that the harasser is retaliating against you for complaining or is continuing to harass you, you should immediately use the Navy's procedures to report the conduct so that the Navy can take whatever further action it deems appropriate.
If the Navy does not have enough evidence to find harassment, it still might take other actions, such as transferring the complainant or alleged harasser to another job, holding training sessions on preventing sexual harassment, or having the affected employees certify that they have read again and fully understand the Navy's policy against sexual harassment.
10. Facts About Federal Sector Equal Employment Opportunity Complaint Processing Regulations
(29 CFR Part 1614)
Part 1614 of the federal sector equal employment opportunity complaint processing regulations replaces part 1613, with the objective of promoting greater administrative fairness in the investigation and consideration of federal sector EEO complaints by creating a process that is quicker and more efficient.
10.1 STATUTES COVERED BY 1614 REGULATIONS
Title VII of the Civil Rights Act of 1964 makes it illegal to discriminate in employment based on race, color, religion, gender or national origin. Section 501 of the Rehabilitation Act of 1973 makes it illegal to discriminate against federal employees and applicants for employment based on disability.
Federal agencies are required to make reasonable accommodations to the known physical and mental limitations of qualified employees or applicants with disabilities. Section 501 also requires affirmative action for hiring, placement and promotion of qualified individuals with disabilities.
The Equal Pay Act prohibits employers from discriminating on the basis of gender in the payment of wages where substantially equal work is performed under similar working conditions.
The Age Discrimination in Employment Act protects people 40 years of age and older by prohibiting age discrimination in hiring, discharge, pay, promotions and other terms and conditions of employment.
A person who files a complaint or charge, participates in an investigation or charge, or opposes an employment practice made illegal by any of the above statutes is protected from retaliation.
10.3 FILING A COMPLAINT WITH A FEDERAL AGENCY
The first step for an employee or applicant who feels he or she has been discriminated against by a federal agency is to contact an equal employment opportunity counselor at the agency where the alleged discrimination took place within 45 days of the discriminatory action. Ordinarily, counseling must be completed within 30 days. The aggrieved individual may then file a complaint with that agency.
The agency must acknowledge or reject the complaint and if it does not dismiss it, the agency must, within 180 days, conduct a complete and fair investigation. If the complaint is one that does not contain issues that may be appealed to the Merit Systems Protection Board (MSPB), at the conclusion of the investigation, the complainant may request either a hearing by an Equal Employment Opportunity Commission (EEOC) administrative judge (AJ) or an immediate final decision by the employing agency.
The AJ must process the request for a hearing, issue findings of fact and conclusions of law, and order an appropriate remedy within 180 days. After the final decision of the agency, the complainant may appeal to the Commission within 30 days or may file in U.S. District Court within 90 days. Either party may request reconsideration by the Commission. The complainant may seek judicial review.
10.4 FILING AN APPEAL WITH THE EEOC
If the agency dismisses all or part of a complaint, a dissatisfied complainant may file an expedited appeal, within 30 days of notice of the dismissal, with the EEOC. The EEOC may determine that the dismissal was improper, reverse the dismissal, and remand the matter back to the agency for completion of the investigation.
A complainant may also appeal a final agency decision to the EEOC within 30 days of notice of the decision. The EEOC will examine the record and issue decisions. If the complaint is on a matter that may be appealed to the Merit Systems Protection Board (e.g., a mixed case such as a termination of a career employee), the complainant may appeal the final agency decision to the MSPB within 20 days of receipt or go to U.S. District Court within 30 days. The complainant may petition the EEOC for review of the MSPB decision concerning the claim of discrimination.
The EEOC's policy is to seek full and effective relief for each and every victim of discrimination. These remedies may include: posting a notice to all employees advising them of their rights under the laws EEOC enforces and their right to be free from retaliation; corrective or preventive actions taken to cure or correct the source of the identified discrimination; nondiscriminatory placement in the position the victim would have occupied if the discrimination had not occurred; compensatory damages; back pay (with interest where applicable), lost benefits; stopping the specific discriminatory practices involved; and recovery of reasonable attorney's fees and costs.
Information on all EEOC-enforced laws may be obtained by calling toll free on 800-669-EEOC. EEOC's toll free TDD number is 800-800-3302.
10.6 Individual Discrimination Complaint Process
10.6.1 Federal Sector, 29 C.F.R., Part 1614
An individual who believes that he or she has been discriminated against because of race, color, religion, gender, national origin, age (40 years and over), mental or physical disability, or prior discrimination complaint involvement has the right to file a complaint. Individuals must contact an EEO counselor through their servicing Human Resources Office for assistance.
11. Federal Laws Prohibiting Job Discrimination
11.1 Questions And Answers
Federal Equal Employment Opportunity (EEO) Laws
I. What Are the Federal Laws Prohibiting Job Discrimination?
II. What Discriminatory Practices Are Prohibited by These Laws?
Under Title VII, the ADA, and the ADEA, it is illegal to discriminate in any aspect of employment, including:
Discriminatory practices under these laws also include:
Title VII also prohibits discrimination because of participation in schools or places of worship associated with a particular racial, ethnic, or religious group.
Employers are required to post notices to all employees advising them of their rights under the laws EEOC enforces and their right to be free from retaliation. Such notices must be accessible, as needed, to persons with visual or other disabilities that affect reading.
III. What Other Practices Are Discriminatory Under These Laws?
Title VII prohibits not only intentional discrimination, but also practices that have the effect of discriminating against individuals because of their race, color, national origin, religion, or gender.
National Origin Discrimination:
It is illegal to discriminate against an individual because of birthplace, ancestry, culture, or linguistic characteristics common to a specific ethnic group.
A rule requiring that employees speak only English on the job may violate Title VII unless an employer shows that the requirement is necessary for conducting the business. If the employer believes such a rule is necessary, employees must be informed when English is required and the consequences for violating the rule.
The Immigration Reform and Control Act (IRCA) of 1986 requires employers to assure that employees hired are legally authorized to work in the U.S. However, an employer who requests employment verification only for individuals of a particular national origin, or individuals who appear to be or sound foreign, may violate both Title VII and IRCA; verification must be obtained from all applicants and employees. Employers who impose citizenship requirements or give preferences to U.S. citizens in hiring or employment opportunities also may violate IRCA.
Additional information about IRCA may be obtained from the Office of Special Counsel for Immigration-Related Unfair Employment Practices at 1-800-255-7688 (voice), 1-800-237-2515 (TTY for employees/applicants) or 1-800-362-2735 (TTY for employers).
An employer is required to reasonably accommodate the religious belief of an employee or prospective employee, unless doing so would impose an undue hardship.
Title VII's broad prohibitions against sex discrimination specifically cover:
Additional rights are available to parents and others under the Family and Medical Leave Act (FMLA), which is enforced by the U.S. Department of Labor. For information on the FMLA, or to file an FMLA complaint, individuals should contact the nearest office of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor. The Wage and Hour Division is listed in most telephone directories under U.S. Government, Department of Labor.
Age Discrimination in Employment Act (ADEA):
The ADEA's broad ban against age discrimination also specifically prohibits statements or specifications in job notices or advertisements of age preference and limitations. An age limit may only be specified in the rare circumstance where age has been proven to be a bona fide occupational qualification (BFOQ); discrimination on the basis of age by apprenticeship programs, including joint labor-management apprenticeship programs; and denial of benefits to older employees. An employer may reduce benefits based on age only if the cost of providing the reduced benefits to older workers is the same as the cost of providing benefits to younger workers.
Equal Pay Act (EPA):
The EPA prohibits discrimination on the basis of sex in the payment of wages or benefits, where men and women perform work of similar skill, effort, and responsibility for the same employer under similar working conditions. (Note that employers may not reduce wages of either gender to equalize pay between men and women.) A violation of the EPA may occur where a different wage was/is paid to a person who worked in the same job before or after an employee of the opposite gender. A violation may also occur where a labor union causes the employer to violate the law.
Title I of the Americans with Disabilities Act (ADA):
The ADA prohibits discrimination on the basis of disability in all employment practices. It is necessary to understand several important ADA definitions to know who is protected by the law and what constitutes illegal discrimination:
The Civil Rights Act of 1991:
The Civil Rights Act of 1991 made major changes in the federal laws against employment discrimination enforced by EEOC. Enacted in part to reverse several Supreme Court decisions that limited the rights of persons protected by these laws, the Act also provides additional protections. The Act authorizes compensatory and punitive damages in cases of intentional discrimination, and provides for obtaining attorneys' fees and the possibility of jury trials. It also directs the EEOC to expand its technical assistance and outreach activities.
Employers And Other Entities Covered By EEO Laws:
IV. Which Employers and Other Entities Are Covered by These Laws?
Title VII and the ADA cover all private employers, state and local governments, and education institutions that employ 15 or more individuals. These laws also cover private and public employment agencies, labor organizations, and joint labor management committees controlling apprenticeship and training. The ADEA covers all private employers with 20 or more employees, state and local governments (including school districts), employment agencies and labor organizations.
The EPA covers all employees who are covered by the Federal Wage and Hour Law (the Fair Labor Standards Act). Virtually all employers are subject to the provisions of this Act.
Title VII, the ADEA, and the EPA also cover the federal government. In addition, the federal government is covered by Section 501 of the Rehabilitation Act of 1973, as amended, which incorporates the requirements of the ADA. However, different procedures are used for processing complaints of federal discrimination. For more information on how to file a complaint of federal discrimination, contact the EEO office of the federal agency where the alleged discrimination occurred.
The EEOC'S Charge Processing Procedures:
V. Who Can File a Charge of Discrimination?
Any individual who believes that his or her employment rights have been violated may file a charge of discrimination with the EEOC. In addition, an individual, organization, or agency may file a charge on behalf of another person in order to protect the aggrieved person's identity.
VI. How Is a Charge of Discrimination Filed?
A charge may be filed by mail or in person at the nearest EEOC office. Individuals may consult their local telephone directory (U.S. Government listing) or call 1-800-669-4000 (voice) or 1-800-669-6820 (TTY) to contact the nearest EEOC office for more information on specific procedures for filing a charge. Individuals who need an accommodation in order to file a charge (e.g., sign language interpreter, print materials in an accessible format) should inform the EEOC field office so appropriate arrangements can be made.
VII. What Information Must Be Provided to File a Charge?
The complaining party's name, address, and telephone number; the name, address, and telephone number of the respondent employer, employment agency, or union that is alleged to have discriminated, and number of employees (or union members), if known; a short description of the alleged violation (the event that caused the complaining party to believe that his or her rights were violated); and the date(s) of the alleged violation(s).
VIII. What Are the Time Limits for Filing a Charge of Discrimination?
All laws enforced by EEOC, except the Equal Pay Act, require filing a charge with EEOC before a private lawsuit may be filed in court. There are strict time limits within which charges must be filed: A charge must be filed with EEOC within 180 days from the date of the alleged violation, in order to protect the charging party's rights. This 180-day filing deadline is extended to 300 days if the charge also is covered by a state or local anti-discrimination law. For ADEA charges, only state laws extend the filing limit to 300 days. These time limits do not apply to claims under the Equal Pay Act, because under that Act persons do not have to first file a charge with EEOC in order to have the right to go to court. However, since many EPA claims also raise Title VII sex discrimination issues, it may be advisable to file charges under both laws within the time limits indicated. To protect legal rights, it is always best to contact EEOC promptly when discrimination is suspected.
IX. What Agency Handles a Charge That Is Also Covered by State or Local Law?
Many states and localities have anti-discrimination laws and agencies responsible for enforcing those laws. The EEOC refers to these agencies as "Fair Employment Practices Agencies (FEPAs)." Through the use of "work sharing agreements," the EEOC and the FEPAs avoid duplication of effort while at the same time ensuring that a charging party's rights are protected under both federal and state law. If a charge is filed with a FEPA and is also covered by federal law, the FEPA "dual files" the charge with EEOC to protect federal rights. The charge usually will be retained by the FEPA for handling. If a charge is filed with the EEOC and also is covered by state or local law, the EEOC "dual files" the charge with the state or local FEPA, but ordinarily retains the charge for handling.
X. What Happens After a Charge Is Filed With the EEOC?
The employer is notified that the charge has been filed. From this point there are a number of ways a charge may be handled: A charge may be assigned for priority investigation if the initial facts appear to support a violation of law. When the evidence is less strong, the charge may be assigned for follow up investigation to determine whether it is likely that a violation has occurred. EEOC can seek to settle a charge at any stage of the investigation if the charging party and the employer express an interest in doing so. If settlement efforts are not successful, the investigation continues. In investigating a charge, EEOC may make written requests for information, interview people, review documents, and, as needed, visit the facility where the alleged discrimination occurred. When the investigation is complete, EEOC will discuss the evidence with the charging party or employer, as appropriate. The charge may be selected for EEOC's mediation program if both the charging party and the employer express an interest in this option. Mediation is offered as an alternative to a lengthy investigation. Participation in the mediation program is confidential, voluntary, and requires consent from both charging party and employer. If mediation is unsuccessful, the charge is returned for investigation. A charge may be dismissed at any point if, in the agency's best judgment, further investigation will not establish a violation of the law. A charge may be dismissed at the time it is filed, if an initial in-depth interview does not produce evidence to support the claim. When a charge is dismissed, a notice is issued in accordance with the law which gives the charging party 90 days in which to file a lawsuit on his or her own behalf.
XI. How Does EEOC Resolve Discrimination Charges?
If the evidence obtained in an investigation does not establish that discrimination occurred, this will be explained to the charging party. A required notice is then issued, closing the case and giving the charging party 90 days in which to file a lawsuit on his or her own behalf. If the evidence establishes that discrimination has occurred, the employer and the charging party will be informed of this in a letter of determination that explains the finding. EEOC will then attempt conciliation with the employer to develop a remedy for the discrimination. If the case is successfully conciliated, or if a case has earlier been successfully mediated or settled, neither EEOC nor the charging party may go to court unless the conciliation, mediation, or settlement agreement is not honored.
If EEOC is unable to successfully conciliate the case, the agency will decide whether to bring suit in federal court. If EEOC decides not to sue, it will issue a notice closing the case and giving the charging party 90 days in which to file a lawsuit on his or her own behalf. In Title VII and ADA cases against state or local governments, the Department of Justice takes these actions.
XII. When Can an Individual File an Employment Discrimination Lawsuit in Court?
A charging party may file a lawsuit within 90 days after receiving a notice of a "right to sue" from EEOC, as stated above. Under Title VII and the ADA, a charging party also can request a notice of "right to sue" from EEOC 180 days after the charge was first filed with the Commission, and may then bring suit within 90 days after receiving this notice. Under the ADEA, a suit may be filed at any time 60 days after filing a charge with EEOC, but not later than 90 days after EEOC gives notice that it has completed action on the charge. Under the EPA, a lawsuit must be filed within two years (three years for willful violations) of the discriminatory act, which in most cases is payment of a discriminatory lower wage.
XIII. What Remedies Are Available When Discrimination Is Found?
The "relief" or remedies available for employment discrimination, whether caused by intentional acts or by practices that have a discriminatory effect, may include:
Remedies also may include payment of:
Under most EEOC-enforced laws, compensatory and punitive damages also may be available where intentional discrimination is found. Damages may be available to compensate for actual monetary losses, for future monetary losses, and for mental anguish and inconvenience. Punitive damages also may be available if an employer acted with malice or reckless indifference. Punitive damages are not available against state or local governments. In cases concerning reasonable accommodation under the ADA, compensatory or punitive damages may not be awarded to the charging party if an employer can demonstrate that "good faith" efforts were made to provide reasonable accommodation.
An employer may be required to post notices to all employees addressing the violations of a specific charge and advising them of their rights under the laws EEOC enforces and their right to be free from retaliation. Such notices must be accessible, as needed, to persons with visual or other disabilities that affect reading. The employer also may be required to take corrective or preventive actions to cure the source of the identified discrimination and minimize the chance of its recurrence, as well as discontinue the specific discriminatory practices involved in the case.
XIV. What Is the EEOC and How Does It Operate?
EEOC is an independent federal agency originally created by Congress in 1964 to enforce Title VII of the Civil Rights Act of 1964. The Commission is composed of five Commissioners and a General Counsel appointed by the President and confirmed by the Senate. Commissioners are appointed for five-year staggered terms; the General Counsel's term is four years. The President designates a Chairman and a Vice-Chairman. The Chairman is the chief executive officer of the Commission. The Commission has authority to establish equal employment policy and to approve litigation. The General Counsel is responsible for conducting litigation.
EEOC carries out its enforcement, education and technical assistance activities through 50 field offices serving every part of the nation. The nearest EEOC field office may be contacted by calling: 1-800-669-4000 (voice) or 1-800-669-6820 (TTY).
Information and Assistance Available From EEOC
XV. What Information and Other Assistance Is Available from EEOC?
EEOC provides a range of informational materials and assistance to individuals and entities with rights and responsibilities under EEOC-enforced laws. Most materials and assistance are provided to the public at no cost. Additional specialized training and technical assistance are provided on a fee basis under the auspices of the EEOC Education, Technical Assistance, and Training Revolving Fund Act of 1992. For information on educational and other assistance available, contact the nearest EEOC office by calling: 1-800-669-4000 (voice) or 1-800-669-6820 (TTY).
Publications available at no cost include posters advising employees of their EEO rights, and pamphlets, manuals, fact sheets, and enforcement guidance on laws enforced by the Commission. For a list of EEOC publications, or to order publications, write, call, or fax:
U.S. Equal Employment Opportunity Commission
Publications Distribution Center
P.O. Box 12549
Cincinnati, Ohio 45212-0549
Telephone operators are available to take orders (in English or Spanish) from 8:30 a.m. to 5:00 p.m. (EST), Monday through Friday. Orders generally are mailed within 48 hours after receipt. Information about the EEOC and the laws it enforces also can be found at the following internet address: http://www.eeoc.gov.
12. Personal Protective Equipment Awareness Training
12.1. Personal protective equipment (PPE)
Personal protective equipment is one of your best defenses against exposure to job related hazards. When you use the appropriate PPE, and use it correctly, you can significantly reduce your risk of injury.
In accordance with OPNAVINST 5100.23 Series, Navy Occupational Safety and Health Program Manual, training shall be provided to each employee who is required to use PPE. Supervisors shall utilize this lesson plan to conduct employee PPE training and shall provide documentation of completed training to the Safety Office.
Each employee shall be trained to know at a minimum the following information about each type of PPE, which they may be required to use:
12.2. Head Protection Information
1. When Head Protection PPE Is Necessary: Each affected employee shall wear protective helmets (usually hard-hats) when working in areas where there is a potential for injury to the head from falling objects. Employees working near exposed electrical conductors that may come in contact with their head will wear protective helmets designed to reduce electrical shock.
NOTE: All helmets protect you from impact and penetration, and some protect against electrical hazards also:
Never wear an aluminum helmet when working around electricity.
2. What PPE Is Necessary: Head protection helmets will be worn at all times when in areas where there could be falling objects or potential for electrical shock to the head.
3. Wearing of Head Protection PPE: The hard hat outer shell protects against blows and penetration, and the shock absorbing suspensions act as a barrier between the outer shell and your head to absorb the impact. The helmet (HARD HAT) sits on top of the head, with the inside strapping adjusted to properly fit comfortably. Chinstraps are available to keep the helmet from slipping.
4. Limitations: Head protection is approved in accordance with ANSI Standard Z89.1-1986. Remember that there are limitations with head protection. The helmets are tested to a certain amount of weight and/or electrical conductivity. If worn properly, they will aid in preventing head injuries.
12.3. Eye and Face Protection Information
1. When Eye and Face Protection PPE is Necessary: Each employee shall use eye and face protection when there is a hazard from flying particles, molten metal, liquid chemicals, acids or caustic liquids, chemical gasses or vapors.
2. What PPE is Necessary: Safety glasses, safety goggles, and/or face shields.
3. Wearing of Eye and Face Protection PPE:
Safety glasses with side shields are worn just like regular glasses. They must be worn at all times when in a posted "eye hazard" environment. Example: Machine Shop operation.
Safety goggles will be worn to prevent entry of any foreign object into the eye by providing added protection that cannot be provided from safety glasses. Example: Grinding operation Goggles are worn like glasses except they fit snug to the head with no openings around the eye area. Adjust the head strap to fit comfortably around the back of the head.
A Face shield will be worn when there is a potential for exposure to the entire face. Example: Pouring hazardous liquid chemicals when the potential for splash is apparent. The face shield is worn resting on the head, with the shield down, covering the entire face.
4. Limitations: Eye protection is approved in accordance with ANSI standard Z87.1-1989. There are limitations with eye and face protection; however, the PPE will provide adequate protection from eye and face hazards if used properly.
12.4. Hand Protection Information
1. When Hand Protection PPE Is Necessary: Hand protection is required when employee's hands are exposed to hazards such as those from skin absorption of harmful substances; severe cuts or lacerations, severe abrasions, punctures chemical burns, thermal burns, and harmful temperature extremes.
2. What PPE Is Necessary: Cotton, leather, rubber, neoprene, vinyl, latex, metal mesh, insulated gloves.
3. Wearing of Hand Protection PPE: Protective gloves shall be selected on an evaluation of the performance characteristics of the hand protection relative to the task(s) to be performed, conditions present, duration of use, and the hazards and potential hazards identified. The appropriate glove must match the job being done.
4. Limitations: There are definitely limitations in wearing gloves. Chemicals can permeate and penetrate glove material. The glove can develop pin holes and leaks. The glove can rip and tear. BE SURE to select the proper glove for the each particular job.
12.5. Foot Protection Information
1. When Foot Protection PPE Is Necessary: Each employee shall use foot protection when working in areas where there is a danger of foot injuries due to falling or rolling objects, or object piercing the sole, and where such employee's feet are exposed to electrical hazards.
2. What PPE Is Necessary: Safety shoes, safety boots, and metatarsal protection.
3. Wearing of Foot Protection PPE: Safety shoes and boots will be worn like street shoes at all times while in the hazardous areas. In some cases metatarsal protection is required, which is a foot covering that slips over your safety shoe/boot. Protective Footwear can provide protection from such things as:
4. Limitations: Foot protection is approved in accordance with ANSI standard Z41.1-1991. There are limitations with foot protection. Metatarsal by itself does not provide any protection to the sole of the shoe, therefore, sharp objects could penetrate the foot. Safety shoes and boots protect both the toes and the bottom of the foot.
12.6. Hearing Protection Information
1. When Hearing Protection PPE Is Necessary: Each employee shall use hearing protection when there is a hazard from noise in the workplace as determined by an Industrial Hygienist in conjunction with the Safety and Environmental Office. If an employee is exposed to noise levels greater than 85 decibels on an eight-hour, Time Weighted Average (TWA) basis, they must also be enrolled into the Hearing Conservation Program. This is accomplished through monitoring and testing.
2. What PPE Is Necessary: Earmuffs, earplugs, and/or canal caps
3. Wearing of Hearing Protection PPE:
Note: The type of hearing protection you use depends of the level of noise. You may be required to wear a combination of hearing protective devices for extremely loud noise environments.
4. Limitations: Hearing protection is approved in accordance with ANSI standard S12.6-1984. There are limitations with hearing protection; however, the PPE will provide adequate protection from hearing hazards if properly used.
12.7. Protective Clothing Information
1. When Protective Clothing PPE Is Necessary: Each employee shall use protective clothing when there is a hazard or potential hazard from dusts, oils, splashes, acids, corrosives, chemicals, toxic substances, fire, moderate heat, sparks, etc. The supervisor, as well as an Industrial Hygienist and Safety Specialist, through workplace monitoring and inspections will evaluate and recommend and in some situations require that certain jobs wear protective clothing.
2. What PPE Is Necessary: Leather, encapsulated suits, disposable clothing, neoprene, vinyl, rubber, flame-resistant cotton or duck, vests, aprons, coveralls, and/or leggings.
3. Wearing of Protective Clothing PPE: Unlike everyday work cloths, special clothing can protect you from job-related hazards. Each job requires its own special protective clothing you need for each hazard you face.
4. Limitations: Remember, there are limitations with protective clothing; however, selecting the appropriate PPE, will provide adequate protection if used properly.
12.8. Care for Your PPE
In order for your PPE to work properly and to protect you, you must keep it in good condition. Here are a few general rules:
13. Visitor Access to Classified Information per SECNAVINST 5510
13.1. Basic Policy
13.1.1 For security purposes, the term visitor applies as follows:
a. A visitor on board a ship or aircraft is a person who is not a member of the ship's company or not a member of a staff using the ship as a flagship.
b. A visitor to a shore establishment is any person who is not attached to or employed by the command or staff using that station as headquarters.
c. A person on temporary additional duty is considered a visitor. Personnel on temporary duty orders, reservists on active duty for training, or those personnel assigned on a quota to a school for a course of instruction, may also be considered as visitors.
d. A cleared DoD contractor, assigned to a DoN command, who occupies or shares government spaces for a predetermined period.
13.1.2. Commanding Officers will establish procedures to ensure that only those visitors with an appropriate level of personnel security clearance and need to know are granted access to classified information.
13.1.3 The movement of all visitors will be controlled to ensure that access to classified information is consistent with the purpose of the visit. If an escort is required for the visitor, either a cleared and properly trained military or civilian member or a contractor assigned to the command being visited may be used.
13.1.4 As a matter of convenience and courtesy, flag officers, general officers and their civilian equivalents are not required to sign visitor records or display identification badges when being escorted as visitors. Identification of these senior visitors by escorts will normally be sufficient. The escort should be present at all times to avoid challenge and embarrassment and to ensure that necessary security controls are met. If the visitor is not being escorted, all normal security procedures will apply.
13.1.5 At the discretion of the commanding officer, the general public may be permitted to visit on an unclassified basis only, (i.e. no classified areas, equipment or information may be divulged to the general public). A written statement of command safeguards will be prepared and implemented to address the possibility of the presence of foreign agents among the visitors.
13.2. Classified Visit Request Procedures
13.2.1 When a visit to a DoN command will involve access to classified information, the commanding officer of the visitor or an appropriate official of the contractor facility, organization or foreign country that the visitor represents will submit a visit request, either by naval message or command/company letterhead, to the organization to be visited.
13.2.2 Visit requests must include the following information for military and civilian personnel:
a. Full name, rank, rate, or grade (when applicable), date and place at birth, social security number, title, position, UIC/RUC (when applicable), and citizenship of the proposed visitor.
b. Name of employer or sponsor, if other than the originator of the request.
c. Name and address of the activity to be visited, if other than the addressee of the visit request.
d. Date and duration of the proposed visit.
e. Purpose of visit in detail, including estimated degree of access required. When the visit involves access to information, such as NATO or SIOP-ESI, for which specific authorization is required, the command visited will confirm that the visitor has been briefed and authorized such access.
f. Security clearance status of visitor (basis of clearance is not required).
13.2.3 The following information is required on a contractor's visit request:
a. Name, date and place of birth, and citizenship of the proposed visitor;
b. Certification of the proposed visitor's personnel security clearance and any special access authorizations required for the visit;
c. Name of person(s) being visited;
d. Purpose and sufficient justification for the visit to allow for a determination of the necessity of the visit;
e. Date or period during which the request is to be valid; and
f. Contractor's name, address, telephone number, assigned commercial and Government Entity (CAGE) Code and certification of the level of the Facility (Security) Clearance (FCL).
13.2.4 Formal visit requests should not be required for employees of the executive branch who are U.S. citizens with whom working relationships have been established. When there is an established working relationship and the clearance level and bounds of need to know of the government employee are known, a visit request is not necessary. Many times there are frequent phone contacts with only occasional visits, but the working relationship is established. The command being visited, not the visitor, will decide whether a formal visit request is needed.
13.2.5 Commands requesting approval for visits to other DON commands may include the phrase, "Reply only if negative" in the request and may assume that approval is granted unless otherwise advised.
13.2.6 Requests for visits will be submitted in advance of the proposed visit. Lead tine will be established based on local needs to allow sufficient time for processing and to make a determination as to whether or not the visitor should or will be granted access.
13.2.7 Visit requests may be transmitted by facsimile, by message or electronically transmitted via electronic mail. When transmitting by facsimile the visit request must be on official letterhead.
13.2.8 If a visit requirement comes up suddenly, the above information may be furnished by telephone but it must be confirmed promptly in writing or by message. Message visit requests must include all of the required information listed in paragraph 2.0.
13.2.9 Under no circumstances will personnel hand carry their own visit requests to the places being visited.
13.2.10 To avoid any question of the legitimacy of the visit request, all visit requests will provide a certification of the visitors need to know in the form of an authorization signature by an official other than the visitor, with command signature authority. For message requests, the fact that the commanding officer released a message for his/her own visit should not be questioned.
13.2.11 A visit request that lists more than one name, such as a list of members of an inspection team, is acceptable, even if that request goes to a number of commands who will be inspected by that team or even part of that team, provided the purpose of the visit is specific and that all of those listed will be visiting only for that specific purpose. A request for intermittent visits by an individual or group over a specified period of time (not to exceed 1 year) is also acceptable. The command sending an intermittent visit request is responsible for advising the recipient immediately of any significant change to the information supplied.
13.2.12 Contractor visits may be arranged for the duration of the contract with the approval of the cognizant contracting command being visited. The contractor, as directed by the NISPOM is responsible for notifying all visited commands of any change in the employee's status that will cause the visit request to be cancelled prior to its stated termination date.
13.2.13 Receipt of a fraudulent visit request will be reported to the nearest Navy Criminal Investigation Service (NCIS) office.
13.2.14 No additional requirements for visit requests may be imposed by DoN commands or activities. If a request is received for a visit requiring access to classified information by a person or under circumstances not addressed in this chapter, the matter will be referred to appropriate higher authority or to Chief of Naval Operations (CNO) (N09N2).
13.2.15 Visits involving access to and dissemination of Restricted Data, or to facilities of the Department of Energy, are governed by the policies and procedures in DOD Directive 5210.2, Access to and Dissemination of Restricted Data, 12 Jan 78 (NOTAL).
13.2.16 Visits involving access to dissemination of Sensitive Compartmented Information (SCI) are governed by the applicable policies and procedures.
14. Personal Protection Guide: A Self-help Handbook to Combating Terrorism
Terrorism is an indiscriminate crime that comes in varying forms of threats and violence and is used primarily to attain political goals of one form or another. Terrorists generate fear through acts of violence, intimidation, and coercion. Acts of terrorism such as hijacking, bombings, etc. occur routinely in certain parts of the world making almost anyone a potential victim. Terrorism is frightening and the results are horrifying. As recent events have shown, terrorists have reached new levels of organization, sophistication, and violence. Terrorist tactics and techniques are changing and challenging the effectiveness of our current antiterrorist measures Accordingly, we must change our very mind set about terrorism. You and your families are an important part of our command. This section will not ensure immunity against terrorism, but by practicing these techniques and proven security habits, the possibility of becoming a terrorist target will be lessened. Security against terrorism is the responsibility of every individual assigned to the Department of Defense (DoD). As members of the DoD community, you are a most valuable yet most vulnerable resource. This section will assist in making you and your family less vulnerable to terrorists. Please incorporate those protective measures that are applicable to your particular situation. Through constant awareness you can protect yourself and your family from acts of terrorism.
14.1.1 Steps To Combat Terrorism
Keep a Low Profile
14.2. General Security Checklist
14.3. House, Home, and Family Security
14.3.1 Tips for the Family at Home
14.3.2 Be Suspicious
14.3.3 Telephone Security
Post emergency numbers on the telephone.
Military/Security Police: __________________________
Local Police: ___________________________________
Fire Department: ________________________________
14.3.4 When Going Out Overseas
14.3.5 Special Precautions for Children
14.3.6 Advise your children to:
14.3.7 Security Precautions, When You're Away
14.3.8 Suspicious Packages or Mail
14.3.9 Domestic Employees
14.3.10 Residential Security
Entrances and exits should have:
Other desirable features:
14.4. Ground Transportation Security
Criminal and terrorist acts against individuals usually occur outside the home and after the victims habits have been established. Your most predictable habit is the route of travel from home to duty station or to commonly frequented local facilities.
On the Road:
Know how to react if you are being followed:
Recognize events that can signal the start of an attack, such as:
Know what to do if under attack in a vehicle:
Commercial Buses, Trains, and Taxis:
14.5. Traveling Defensively by Air
Air travel, particularly through high-risk airports or countries, poses security problems different from those of ground transportation. Here too, simple precautions can reduce the hazards of a terrorist assault.
Making Travel Arrangements:
Precautions at the Airport:
Actions if Attacked:
Actions if Hijacked:
14.6. Taken HostageYou Can Survive
The chances of you being taken hostage are truly remote. Even better news is that survival rates are high. But should it happen, remember your personal conduct can influence treatment in captivity. The Department of State has responsibility for all US government personnel and their dependents in overseas areas. Should a hostage situation develop, the Department of State will immediately begin to take action according to preconceived plans to attempt to release the hostages.
If kidnapped and taken hostage, the hostage has three very important rules to follow:
Preparing the Family:
Stay in Control:
Dealing with Your Captors:
15. Issuance of U.S. Government Identification Card, Optional Form 55
15.1 Who Should Obtain a Card
Personnel who travel to ships, overseas installations or visit CONUS activities often need a badge that is more readily recognized than is the SPAWAR/SPAWAR Systems Center badge. The Optional Form (OF) 55, U.S. Government Identification Card, issued at the Topside (TS) and Old Town Complex (OTC) badging offices, is often more acceptable to other activities.
15.2 Obtaining a Card
To obtain an OF 55 for official business, a branch head or above must send an E-mail to "badges" which contains the name of the individual that needs the badge and the reason for it. A short, one sentence justification is sufficient.
If supporting contractors require OF 55s in the performance of their duties, instead of the E-mail, have these contractors bring a copy of the letter designating them as Navy Technicians to the Topside badging office. (Currently, only the TS badging office has the capability to print these badges for contractors.) Once at the Badging Office, the intended holder's signature will be captured and the badge printed in the PVC badge printer in about three minutes.
For the information of those who may be issued these OF 55s, the General Services Administration's Forms Management Branch has approved the use of this automated production method instead of manually typing the data on paper stock. The command's address is used for a return address because the badge serial number is not in the GSA record system. This information should satisfy any command that might challenge the automated version.
16. Foreign Travel/Country Clearance Message Lead-Time Requirements
The DoD Foreign Clearance Guide, DoD 4500.54-G, specifies that, except for emergency situations, country, theater, and travel clearance messages (hereafter referred to as country clearance messages) requesting concurrence for foreign travel should be submitted to the appropriate U.S. representative in the host country at least a specific number of days in advance of the intended visit.
While most countries understand and accommodate emergency visits to perform critical repairs to U.S. ships berthed in these countries, they are not as accommodating of short notice non-emergency visits to their own military facilities. In some cases, late submission of country clearance messages has resulted in denial of the requested visit on the proposed arrival date, resulting in the traveler cooling their heels at the host country's point of entry for a few hours/days or worse, flying home without accomplishing the mission.
Specific countries such as England, France, Germany and countries considered Special Areas are strictly enforcing the advance notice rule and denying proposed visits to their facilities which do not meet the advance notice standard. In addition to rejections due to inadequate lead time, France and Germany may reject proposed visits to that country's military facilities if the country clearance message lacks complete information, such as the point of contact's full name, complete address of facility to be visited, or complete phone and/or fax number.
We recommend that SPAWAR System Center, San Diego (SSCSD) personnel submit their country clearance messages in the prescribed time frame and with all required information.
In addition to the above-listed country clearance lead-time requirements, SSC San Diego personnel should deliver approved Requests for Foreign Travel, NRaD) 4650/4, for non-emergency travel to D03 52, Bldg 33, Rm 2217, an additional 5 calendar days prior to the proposed arrival date in the host country. This will ensure adequate time for foreign disclosure review, for country clearance message preparation and receipt of the naval message in the host country.
If adequate advance notice is impossible, the foreign travel request must contain ample justification for the short notice. In short notice situations, D0352 will advise you of the potential for denial of visit. In these cases you may want your host country point of contact to justify your visit with the foreign government and/or American Embassy, U.S. Defense Attache' Office (USDAO) or overseas area U.S. Military commander.
If your request for foreign travel is denied by the host country, you may seek the assistance of your host country Point of Contact (POC) or the above officials. D0352 can't tell if the information on the foreign travel request is adequate so to avoid difficulty, be sure that information supplied on the request form is thorough and accurate.
17. Contractor Travel per the Joint Travel Regulation (JTR)
17.1 JTR REGULATIONS
C6004 Travel of Government Contractors/Contractor Employees.
Travel costs of Government contractors and contractor employees are governed by the rules in the Federal Acquisition Regulations (FAR) § 31-205-46, available at http://www.arnet.gov/far/pdfframe.html. Invitational Travel Orders (ITOs) may not be used to authorize travel and transportation for Government contractors/contractor employees. Government contractors and contractor employees are not Government employees and are not eligible under any circumstances for city pair air fares or any travel-related items restricted to Government employees. See paragraph C6005 for availability of contract fares and prices to Government contractors. Individuals providing a service under a contract with the Government should be provided a "Contractor Letter of Identification" described in paragraph C6005-H.
C6005 Availability of Government Travel and Transportation Contract Fares or Prices to Government Contractors
Individual contracts or agreements between GSA and vendors determine whether or not contractors are eligible to utilize the travel cost saving programs. Contract city pair fares must not be provided to or used by Government contractors or contractor employees.
A. Contractor(s). Means:
1. Contractors working under a cost reimbursement contract; and
2. Contractors working for the Government at specific sites under special arrangements with the contracting agency, and which are wholly Federally funded (e.g., Government-owned, contractor operated (GOCO), federally funded research and development (FFRDC), or management and operating (M&O) contracts).
B. Contract Air Passenger Transportation Practices. Use of GSA contract air passenger fares is governed by GSA's contracts with the airlines and by the Defense Transportation Regulation (DOD 4500.9-R), Part I, Chapter 103. As of October 1, 1998, under GSA's contracts for air passenger transportation services, contractors are not eligible to use GSA's contract city pair fares. ITOs must not be issued for contractors to receive airfares at the Government contract city pair fare, nor should contractor travel be issued on Government centrally billed accounts at the Government contract fare.
For more information contact:
Services Acquisition Center (FCXB), Federal Supply Service, General Services Administration
C. Discount Rail Service. AMTRAK voluntarily offers discounts to Federal travelers on official business. These discounted rates may be extended to eligible contractors traveling on official Government business. A contractor-issued letter of identification is required (See subparagraph H).
D. Discount Hotel/Motel Practices. Several thousand lodging providers extend discount lodging rates to federal travelers. Many currently extend their discount rates to eligible contractors traveling on official Government business. A contractor-issued letter of identification is required (See subparagraph. H). For more information contact:
GSA Travel and Transportation (9FBT-1), 450 Golden Gate Avenue, 4th Floor W, San Francisco, CA 94102, (415) 522-4671
E. DOD Car Rental Practices. DOD's Military Traffic Management Command negotiates special rate agreements with car rental companies available to all Government employees while traveling on official Government business. Some car rental companies offer these discount rates to eligible Government contractors at the vendor's option, with appropriate identification from the contracting DOD component (See subparagraph H). For more information contact:
Military Traffic Management Command, 5661 Columbia Pike, ATTN: MTOP-QE, Falls Church, VA 22041-5050, (703) 681-6393, Complaints/Discrepancies/Claims, Chris Braswell (703) 681-6292
F. Vendor Requirements. The entity providing the service may require that the Government authorized contractor furnish a letter of identification signed by the authorizing DOD component's contracting officer. Subparagraph H illustrates a standard letter of identification to request eligible Government contractors use of travel and/or transportation discounts negotiated by the Government, where available.
G. DOD Component Responsibilities. DOD components should know which hotels and car rental companies offer Government discount rates to Government contractors and ensure that their authorized contractors know how to obtain this information. This information is provided to and published by several commercial publications including the Official Airline Guides Official Traveler (800) DIAL-OAG, Innovata (800) 846-6742, and National Telecommunications (201) 928-1900. In addition, GSA contract Travel Management Centers (TMCs) and DOD's Commercial Travel Offices (CTOs) have this information.
All DOD components should circulate this information to contracting officers and to Government authorized contractors, where applicable. For more information contact:
Renita Townsend Nowlin, Service Acquisition Center, Service Contracts Division (FCXB), Crystal Mall #4, Room 506, Washington, DC 20406, (703) 305-7640
H. Contractor Letter of Identification. DOD components should furnish Government contractors with the following identification letter, for presentation to AMTRAK, hotel/motel, car rental firms and/or use of DOD facilities (when permitted) upon request. It should be noted, however, that the vendors are under no obligation to extend the discounted Government rates to contractors working on behalf of the Federal Government.
OFFICIAL AGENCY LETTERHEAD
TO: Participating Vendor
SUBJECT: OFFICIAL TRAVEL OF GOVERNMENT CONTRACTORS
(FULL NAME OF TRAVELER), the bearer of this letter, is an employee of (COMPANY NAME) which has a contract with this agency under Government contract (CONTRACT NUMBER). During the period of the contract (GIVE DATES), AND ONLY IF THE VENDOR PERMITS, the named bearer is eligible and authorized to use available travel discount rates in accordance with Government contracts and/or agreements.
Government Contract City Pair Fares are not available to Contractors.
SIGNATURE, Title and telephone number of Contracting Officer
Naval Ocean Systems Center, 1990, "General Guide for NOSC Civilians Boarding Naval Ships," NOSC TD 600 Rev B (June). Naval Ocean Systems Center, San Diego CA.
United States Navy, "Core Values Poster" Stock No.0516LP7544800. Information available at URLhttp://www.chinfo.navy.mil/navpalib/traditions/html/corvalu.html. Navy Activities may requisition the "Core Values Poster" using Stock No.0516LP7544800, from the Naval Inventory Control Point (NICP) - Cog "I" Material, 700 Robbins Avenue Bldg. 1, Philadelphia PA. 19111-5098, in accordance with procedures outlined in NAVSUP Publication 600, Naval Logistics Library (CD-ROM), or NAVSUP P-437 MILSTRIP/MILSTRAP. Marine Corps Activities may requisition the "Core Values Poster" using Stock No. PCN21700500000, from the Marine Corps Logistics Base Albany, 814 Radford Blvd. Albany GA. 31704-5001
Public Law 96-303, July 3, 1980, 94 Stat. 855.
The U.S. Equal Opportunity Employment Commission, 29 "CFR Part 1614, Federal Sector Equal Employment Opportunity." Available at URLhttp://www.eeoc.gov/federal/1614-new.pdf. More information about the EEOC and the laws it enforces also can be found at URL http://www.eeoc.gov.
The U.S. Equal Opportunity Employment Commission, EEOC Pamphlet: "Federal Laws Prohibiting Job Discrimination, Questions And Answers." Available at URL http://www.eeoc.gov/facts/qanda.html
Chairman Joint Chiefs of Staff. 1996. Joint Staff Guide 5260, "Service Member's Personal Protection Guide: A Self-Help Handbook to Combating Terrorism" (July). Chairman Joint Chiefs of Staff.
Joint Travel Regulations. Travel costs of Government contractors and contractor employees are governed by the rules in the Federal Acquisition Regulations (FAR) § 31-205-46, available at URLhttp://www.arnet.gov/far/pdfframe.html.
All Hands - Navy Ranks and Rates, Chief of Naval Information web page, available at URL http://www.chinfo.navy.mil/navpalib/allhands/ah0197/rankrate.html.
Approved for public release; Distribution is unlimited.