(ix) In the Office of General Counsel: General Counsel; Deputy General Counsel; Assistant General Counsel for VISTA; Procurement Attorney.

(x) In each OEO Regional Office: Regional Director; Deputy Regional Director; CAP Regional Administrator; Job Corps Regional Administrator; VISTA Regional Administrator; Chief, Management Division; administrative contracting officers.

(3) All special Government employees (as defined in § 1015.735-2(a)). Such employees shall report their outside employment and such financial interests as the Director of Personnel deems relevant in the light of the duties to be performed. In the case of temporary summer employees hired at GS-9 and below to perform duties other than those of an expert or consultant, the reporting requirement will be waived. It may also be waived by the Director with respect to other appointments, except as experts or consultants, upon a finding that the duties of the position held by the special Government employee are of a nature and at such a level of responsibility that the reporting of employment and financial interests is not necessary to protect the integrity of the Government.

(a) Distribution of this part: The Personnel Director shall issue copies of this part and all revisions thereof to all employees (1) immediately after its publication in the FEDERAL REGISTER, and (2) at the time of a new employee's appointment if he is appointed after this part is published.

(b) Distribution of related material: The Personnel Director shall also issue to each new employee at the time of his appointment copies of all OEO instructions and notices relevant to employee conduct, and any additional material specified by the General Counsel.

(c) The General Counsel shall, at least semiannually, bring this part to the attention of all employees.

§ 1015.735-33 Supplemental regulations.

The Assistant Directors for Job Corps, CAP, and VISTA and the heads of offices not included in these three divisions may issue, subject to the approval of the General Counsel, supplemental and implementing regulations not inconsistent with this part.

of

A special Government employee is an employee appointed to serve not more than 130 days during the 365 days following his appointment. Special Government employees are so designated by the Personnel Division at the time their appointment. For the purposes of §§ 1026.1-4 and 1026.1-5, a former regular or special Government employee shall be considered to be in a senior management position if he reports directly to an officer or director of the organization in which he is employed or if he is paid a salary or receives other remuneration from the employing organization which, as annualized, exceeds $18,000 per year.

§ 1026.1-4 Limitation on award of noncompetitive contracts.

For a period of 1 year from the date of termination of employment with the Office of Economic Opportunity, no contract shall be awarded without competition to any organization which employs in the capacity of officer, director, or other senior management position a former Office of Economic Opportunity regular employee or a special Government employee who served the Office of Economic Opportunity for a total of more than 60 days during the 365 days prior to the termination of his Office of Economic Opportunity employment. An exception to this requirement may be granted only by the Director.

§ 1026.1-5 Approval of competitive

procurements.

The Deputy Director shall approve in writing any proposed contract award resulting from a competitive procurement to an organization employing in any of the capacities listed in § 1026.1-4 a former regular or special Government employee of the Agency to whom the restriction set forth in that section applies. The fact that a contractor employs or contemplates employing a former Office of Economic Opportunity employee shall not prejudice that contractor's competitive standing provided that the employment or proposed employment is consistent with Federal law and the Office of Economic Opportunity conflicts of interest regulations.

§ 1026.1-6

Reporting information.

This provision is designed to insure that no contract is awarded to an organization that employs a former regular or special Government employee of the Agency in violation of the Federal law or the Office of Economic Opportunity conflicts of interest regulations. The reporting procedures set forth below will also give the Agency early notice of situations in which there is the appearance of conflict or the possibility of favoritism in the award of contracts. In such situations, the Agency will institute appropriate administrative steps in its proposal-review and selection process to insure that contracts are awarded entirely on the basis of the merits of the contractor's proposal, and not on any other basis.

(a) Exit clearance reporting. (1) In order to maintain current information on former employees employed by Agency

contractors, the Personnel Division shall include in the Exit Clearance Form (OEO Form No. 73) a requirement that the departing employee reveal the name of his next employer, if known, and his position with that employer. The Personnel Division shall then submit this information to the Procurement Division, which will be responsible for establishing an index of firms employing former Agency employees. This index shall be expanded by periodic inputs from other staff offices, such as the Office of General Counsel, as to the current employment status of former employees.

(2) Contract negotiators shall check this index before entering into negotiations and shall secure the advice of the General Counsel as to whether a potential conflict of interest exists if a former employee is employed as officer, director, or other senior management position by a contractor being considered for a contract award.

(b) Contract reporting. The following shall be inserted in all Office of Economic Opportunity solicitations of $2,500 or

more:

Offerors shall state as part of the proposal: (1) Whether or not it is now negotiating with a regular or special OEO employee for employment; and, if so, specify the name of the individual(s) and the position(s) for which considered:

(2) Whether or not it now employs as a regular employee or consultant a former regular or special OEO employee whose employment with OEO terminated within the past 365 days; and if so, specify the name of the individual(s) and the position(s) held:

(3) Specify the names of any present OEO employees or their spouses or minor children known to have a substantial financial interest in the offeror's organization. A financial interest shall be considered insubstantial if it amounts to less than $5,000 in the market value and less than one (1) percent of the organization's outstanding stock or other securities, and the OEO employee or spouse or minor child is not active in the management of the organization.

(4) If either (1) or (2) is answered in the affirmative, specify whether any such individual(s) shall participate in the performance of any contract that may result from this solicitation and the extent of such

participation.

Contractors are advised that the foregoing disclosure request is for informational purposes in order to protect former employees against potential conflict of interest situations.

The fact that a contractor employs or contemplates employing a former OEO employee shall not prejudice that contractor's competitive standing, provided that the employ

ment or proposed employment is consistent with Federal law and OEO conflicts of interest regulations.

The Director of the Procurement Division shall instruct his negotiators and contracting officers to report to the General Counsel any affirmative responses to the above disclosure requests.

(c) Grant reporting. Because the conflicts of interest problem is not restricted to the procurement field, but also is found in the employment of former regular and special employees of the Agency by grantees, delegate agencies, and subcontractors to such organizations, each grant application form shall include a form containing the following clause:

The Grantee, as part of its application for a new grant or for a refunding, shall identify any former regular or special OEO employee whose employment with OEO terminated within 365 days prior to the date of grant application, who (1) is employed by the grantee, its delegate agency, or a subcontractor who performs work for the grantee or delegate agency under a subcontract of $25,000 or more; or (2) who owns or has a financial interest in the grantee or its delegate agency; or (3) who is in any other way involved with the grantee or its delegate agency in his private capacity. The grantee shall specify as an attachment to its application the names of such individuals and their position, degree of financial interest, or other relationship with the grantee or delegate agency. The grantee shall also identify any present or former employee of the Office of Economic Opportunity who is negotiating for employment with the grantee, any delegate agency or subcontractor to any such organization.

Agency personnel receiving grant applications shall forward any information received as a result of this paragraph to the General Counsel for consideration.

1042.3-1 Applicability of this subpart.
1042.3-2 Policy.

Subpart-Nondisplacement of
Employed Workers

AUTHORITY: The provisions of this Subpart issued under sec. 834, 31 Stat. 726; 42 U.S.C. 2994.

SOURCE: The provisions of this Subpart appear at 35 F.R. 82, Jan. 3, 1970, unless otherwise noted.

§ 1042.1-1 Applicability of this subpart.

(a) All VISTA volunteers and volunteer associates.

(b) All part-time volunteers serving in community service programs assisted under section 820 of the Economic Opportunity Act of 1964.

(c) All agencies and organizations to which VISTA volunteers and/or volunteer associates are assigned, or which receive financial assistance under title VIII of the Economic Opportunity Act of 1964, as amended.

(a) Local agencies and organizations are prohibited from assigning (or permitting) VISTA volunteers, volunteer associates, and/or part-time (Citizens Corps) volunteers to perform activities or duties that would be otherwise performed by paid employees.

(b) Volunteers may not perform any services or duties which have been performed by, or assigned to, any of the following:

(1) Presently employed workers;

(2) Employees who recently resigned or were discharged;

(3) Employees who are on leave (terminal, temporary, emergency, or sick); or,

(4) Employees who are on strike or are being locked out.

(c) Volunteers may not perform any services or duties which should be otherwise performed by any employed worker as a result of the terms of the latter's employment.

an appropriate OEO-approved program and the activity, service or duty is otherwise appropriate for the assignment of a volunteer.

(b) Volunteer services are required in order to avoid or relieve suffering threatened by or resulting from major natural disasters or civil disturbances.

(c) Reasonable efforts to obtain employed workers have been unsuccessful due to the unavailability of persons within the community who are able, willing, and qualified to perform the needed activities.

(d) The assignment of volunteers will significantly expand services to a target community over those which could be performed by existing paid staff, and the activity, service or duty is otherwise appropriate for the assignment of a volunteer, and no actual displacement of paid staff will occur as a result of the assignment.

Subpart-Volunteer Housing and
Living Conditions

AUTHORITY: The provisions of this Subpart issued under sec. 602, 78 Stat. 530; 42 U.S.C. 2942.

SOURCE: The provisions of this Subpart appear at 35 F.R. 83, Jan. 3, 1970, unless otherwise noted.

§ 1042.2-1 Applicability of this subpart.

This subpart shall apply to all VISTA volunteers including volunteer leaders and volunteer associates and all project sponsors including all agencies and organizations to which VISTA volunteers, volunteer leaders, and/or volunteer associates are assigned under section 810 of the Economic Opportunity Act of 1964. § 1042.2-2

Policy.

(a) VISTA will provide each volunteer a housing (lodging) allowance which does not exceed the actual cost to the volunteer of housing similar to what is occupied by the people served by the project.

(b) All project sponsors will locate permanent housing accommodations for individual volunteer (s) assigned (or to be assigned) within the specific area of the community being (or to be) served by such volunteer (s) at the lowest possible cost consistent with the health and safety of the volunteer (s) and with the effective operation of the sponsor's project.

(c) Project sponsors will make the necessary preliminary arrangements,

(a) Each sponsor must design its project and assign activities and duties to the individual volunteer in a manner which primarily benefits the residents of the immediate area of economic poverty in which the volunteer is housed.

(b) Each sponsor must ensure that the housing allowance provided by the volunteer(s) by VISTA is neither inadequate nor excessive.

(c) Each sponsor must ensure that a female volunteer is not required to live alone in any house or apartment.

(d) Each sponsor must make arrangements for temporary (2 weeks or less) lodging whenever:

(1) The volunteer (s) arrive before permanent housing is available.

(2) The need arises for substitute permanent housing for assigned volunteer(s).

(3) A female volunteer would otherwise be living alone.

Subpart-Reassignment, Detail or
Transfer of Volunteers

AUTHORITY: The provisions of this Subpart issued under sec. 602, 78 Stat. 530; 42 U.S.C. 2942.

§ 1042.3-1 Applicability of this subpart.

This subpart applies to all VISTA volunteers including volunteer leaders, and volunteer associates and all project sponsors including all agencies and organizations to which VISTA volunteers, volunteer leaders, and/or volunteer associates are assigned under section 810 of the Economic Opportunity Act of 1964. [35 F.R. 83, Jan. 3, 1970]

§ 1042.3-2 Policy.

(a) No Volunteer will be reassigned, transferred, or detailed from any assignment except to an approved VISTA program and only after the VISTA Regional Administrator has specifically approved the reassignment, or transfer, in writing.

(b) No volunteer will be transferred, assigned, or detailed to any program in another region without the written approval of the VISTA Administrator of each region.

(2) The name and complete address of the sponsoring agency.

(3) The type and the objectives of the proposed VISTA project.

(4) The activities and duties to be performed by volunteers.

(c) With respect to proposed VISTA projects, the OEO Regional Director or his designee will notify the Governor, by letter, of the intention to assign volunteers to the project sponsor within his State, will furnish the Governor with a copy of the project summary, and will request the Governor's consent thereto.

(d) With respect to on-going VISTA projects, the OEO Regional Director or his designee will notify the Governor of, and request his consent to, any of the following changes:

(1) The maximum number of volunteers to be assigned.

(2) Substitution of the sponsoring agency.

(3) The scope of activities and duties to be performed by volunteers. [35 F.R. 83, Jan. 3, 1970]