7.108
Additional requirements for telecommuting
Agencies cannot prohibit or penalize telecommuting in solicitations or evaluations unless a contracting officer provides a documented, written justification based on agency or security requirements.
Overview
FAR 7.108 establishes that agencies must not generally discourage contractors from allowing their employees to telecommute when performing government contracts. The regulation prohibits agencies from including solicitation requirements that ban telecommuting or from evaluating offers unfavorably due to telecommuting, unless a contracting officer determines—based on documented, written justification—that agency requirements (including security) cannot be met if telecommuting is allowed. Any such prohibition or evaluation criteria must be clearly specified in the solicitation, with the rationale documented in writing.
Key Rules
- Prohibition on Blanket Telecommuting Bans
- Agencies cannot include solicitation requirements that prohibit telecommuting unless a contracting officer documents that agency or security requirements cannot be met otherwise.
- Evaluation of Offers with Telecommuting
- Agencies cannot evaluate offers unfavorably for including telecommuting unless a documented determination shows agency or security requirements would be adversely impacted.
Responsibilities
- Contracting Officers: Must document and justify in writing any prohibition or negative evaluation of telecommuting, and specify these in the solicitation.
- Contractors: Should be aware that telecommuting cannot be used against them unless justified and documented by the agency.
- Agencies: Must ensure compliance with these requirements and avoid discouraging telecommuting without proper justification.
Practical Implications
- This section exists to promote flexibility and prevent unnecessary restrictions on telecommuting in government contracts.
- It impacts how solicitations are written and how offers are evaluated, ensuring fair consideration for contractors proposing telecommuting.
- Common pitfalls include failing to properly document determinations or including unjustified prohibitions in solicitations.