FAR 7.108—Additional requirements for telecommuting.
Plain-English Summary
FAR 7.108 addresses how agencies may treat telecommuting in solicitations and source selection. It implements the statutory policy in 41 U.S.C. 3306(f) that agencies should generally not discourage contractors from allowing employees to telecommute when performing Government contracts. The section covers two related topics: when a contracting officer may prohibit telecommuting in a solicitation, and when an agency may evaluate an offer less favorably because it includes telecommuting. In both cases, the rule requires a specific, written determination by the contracting officer that the agency’s requirements—including security requirements—cannot be met, or would be adversely impacted, if telecommuting is allowed. It also requires the solicitation to clearly state either the prohibition or the evaluation approach. In practice, this means telecommuting is the default position unless the agency can justify a restriction based on mission or security needs, and that justification must be documented before the solicitation is issued.
Key Rules
General policy favors telecommuting
Agencies should generally not discourage contractors from allowing employees to telecommute on Government contracts. The rule creates a presumption in favor of telecommuting unless the agency can justify a restriction.
Prohibition requires written determination
A solicitation may not prohibit telecommuting unless the contracting officer first determines that the agency’s requirements, including security requirements, cannot be met if telecommuting is permitted. The contracting officer must document that determination in writing.
Solicitation must state the ban
If telecommuting is prohibited, the contracting officer must expressly include that prohibition in the solicitation. Offerors must be told up front that telecommuting is not allowed for the requirement.
No negative evaluation without justification
When telecommuting is not prohibited, an offer may not be evaluated unfavorably merely because it includes telecommuting. A negative evaluation is allowed only if the contracting officer first determines that the agency’s requirements, including security requirements, would be adversely impacted.
Evaluation method must be disclosed
If telecommuting will be a factor in evaluation, the contracting officer must document the basis for that approach in writing and address the evaluation procedures in the solicitation. Offerors must know how telecommuting will be considered before proposals are submitted.
Responsibilities
Contracting Officer
Determine whether telecommuting can be allowed without harming agency or security requirements; document any decision to prohibit telecommuting or to evaluate it negatively; and clearly state the prohibition or evaluation procedures in the solicitation.
Agency
Apply the statutory policy that telecommuting should generally not be discouraged; ensure mission and security needs are considered before imposing restrictions; and support the contracting officer with the underlying requirements justification.
Offeror/Contractor
Structure proposals and workforce plans with the understanding that telecommuting is generally permitted unless the solicitation says otherwise; comply with any solicitation-specific prohibition or evaluation criteria related to telecommuting.
Practical Implications
Telecommuting is the default, not the exception, so agencies need a real mission or security reason before restricting it.
A contracting officer cannot casually add a no-telework clause or downgrade an offer for telecommuting without a prior written determination.
The solicitation must be clear: if telecommuting is banned or will be evaluated, that must be disclosed before proposals are due.
Security concerns are a common justification, but they must be specific to the requirement; generic discomfort with remote work is not enough.
Contractors should review solicitations carefully for any telecommuting restriction or evaluation language and, if absent, should not assume telecommuting will be penalized.
Official Regulatory Text
In accordance with 41 U.S.C. 3306(f) , an agency shall generally not discourage a contractor from allowing its employees to telecommute in the performance of Government contracts. Therefore, agencies shall not- (a) Include in a solicitation a requirement that prohibits an offeror from permitting its employees to telecommute unless the contracting officer first determines that the requirements of the agency, including security requirements, cannot be met if telecommuting is permitted. The contracting officer shall document the basis for the determination in writing and specify the prohibition in the solicitation; or (b) When telecommuting is not prohibited, unfavorably evaluate an offer because it includes telecommuting, unless the contracting officer first determines that the requirements of the agency, including security requirements, would be adversely impacted if telecommuting is permitted. The contracting officer shall document the basis for the determination in writing and address the evaluation procedures in the solicitation.