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«FNS CONTINGENCY PLAN Prepared by Office of Management, Technology and Finance & Chief Operating Officer Updated June 8, 2015 Contents Purpose Scope ...»

-- [ Page 1 ] --


Prepared by

Office of Management, Technology and Finance &

Chief Operating Officer


June 8, 2015




High-Level Summary

Guidance for Orderly Shutdown & Maintaining Mission Critical Infrastructure/Activities.......... 3

Guidance for Continued Operations of FNS

Roles and Responsibilities of Key Functional Areas

Office of the Associate Administrator & Chief Operating Officer

Information Technology

Human Resources

Financial Management

Contracts/Operations and Facilities

DDAY-5 through DDAY-1 Critical Tasks

DDAY Critical Tasks

Appendix A: Request to Recall Resources

Appendix B: Recall Process

Appendix C: Human Resources Guidance

Appendix D: Frequently Asked Questions (FAQs)

FNS Contingency Plan Page 2 Purpose This document establishes a plan of action to execute an orderly shutdown of Food & Nutrition Service (FNS) operations following a lapse in federal funding. This plan will be enacted through a notification to all employees from the FNS Associate Administrator & Chief Operating Officer at the direction of the FNS Administrator. For purposes of this document, FNS is inclusive of the Center for Nutrition and Policy Promotion (CNPP). CNPP is a sister agency of FNS within the Food, Nutrition and Consumer Services mission area. FNS provides all administrative and support services for CNPP.

Scope The functions and activities described herein are to be executed in accordance with all applicable statutes, regulations, policies, and delegations of authority.

High-Level Summary The FNS Contingency Plan includes the necessary steps and information to implement an Agency Orderly Shutdown due to a lapse in appropriations. Only critical or excepted activities will take place in the event of the same. Those activities include: health and safety; financing for available funds, such as trust funds; carryover funds or “pre-appropriated” resources; or those that are necessary to complete an orderly shutdown. The exact nature of these activities will vary based circumstances of a specific lapse in appropriation. Key considerations include, but are not limited to, seasonal patterns in program participation and operations; status and availability of multi-year appropriations; and status of program authorizing legislation. As a result only a minimum group of employees will be kept to perform these tasks. Should a situation arise and resources are needed a “Request to Recall Resources” (Appendix A) must be completed and follow the established Recall Process (Appendix B). The plan will be implemented following all regulations and policies governing the agency.

Additionally, FNS’ disaster authorities under the Food and Nutrition Act of 2008 and the Stafford Act would continue however funding may not be available for execution. If a Presidential declaration would occur and resources are determined to be available FNS would recall staff to support the response as described above.

Guidance for Orderly Shutdown & Maintaining Mission Critical Infrastructure/Activities A temporary Contingency Planning Committee (“Committee”) will guide the agency from full operational status to required shutdown level of business operations. The Committee will be responsible for overseeing the implementation of the contingency plan; providing related policy and procedural direction; ensuring coordination and consistency across functional areas (human resources, financial management, information technology, property, procurement, and programs;

troubleshooting system and unique challenges; and monitoring progress related to the shutdown and in addressing employee, partner, and customer concerns.

FNS Contingency Plan Page 3 Initially, the Committee will meet twice a day to assess progress and address programmatic/operational issues. As the shutdown progresses, meetings may be more frequent.

The chair will be responsible for reporting progress and issues to the FNCS Under Secretary and FNS Administrator. The Associate Administrator & Chief Operating Officer will chair the Contingency Planning Committee. The complete membership of the Committee will be as


Associate Administrator and Chief Operating Officer, Chair Associate Administrator for Regional Operations and Support Associate Administrator for Supplemental Nutrition Assistance Program Deputy Administrator for Child Nutrition Programs Deputy Administrator for Supplemental Nutrition and Safety Programs Deputy Administrator for Policy Support Regional Administrator, Northeast Regional Administrator, Southeast Regional Administrator, Mountain Plain Regional Administrator, Mid Atlantic Regional Administrator, Western Regional Administrator, Midwest Regional Administrator, Southwest Deputy Administrator for Management Chief Financial Officer Chief Information Officer Chief Communications Officer The Committee will be assisted by the following positions Chief of Staff to the Administrator, Senior Policy Advisor to the Administrator, Chief Staff Officer to the Chief Operating Officer, and Office of Management, Technology and Finance Program Manager. Other positions may be called upon for assistance as the issues, challenges, and opportunities warrant.

Guidance for Continued Operations of FNS The continuance of FNS operations will be accompanied by many employee, customer, and partner questions and concerns. It is important for FNS to provide timely and consistent information that is in keeping with statute, regulation, and policy, and that this information is accessible throughout FNS.

A temporary Continuing Operations Team (“Team”) will be in place to address this need on Day 1 of the shutdown. The Team will work in a cohesive and coordinated manner to ensure timely, accurate, and consistent responses to shutdown questions from employees, customers, and partners. In addition, the Team will inform the Contingency Planning Committee on the status of its work, and will elevate issues and opportunities that require higher level interaction or

resolution. The Continuing Operations Team includes:

FNS Contingency Plan Page 4 Director, Budget Division Director, Human Resources Division Director, Contracts Management Division Director, Operations and Facilities Division Director, Office Emergency Management Division Director, Program Development Division Director, Retail Policy Division Director, Food Safety Division Director, Retail Operations Division Director, Policy and Program Development Division Director, Program Monitoring and Operational Support Director, Nutrition Promotion and Technical Assistance Director, Program Integrity Director, Food Distribution Division Director, Supplemental Food Nutrition Program Division Deputy, Chief Information Officer Director, Technology Division Director, Information Security Division Director, Portfolio Management Division Director, Communications Division Roles and Responsibilities of Key Functional Areas Following are the functional areas responsible for performing critical tasks of the contingency plan.

Office of the Associate Administrator & Chief Operating Officer The FNS Associated Administrator & Chief Operating Officer is responsible for guiding the implementation of Contingency and Continuing Operations Plan and ensures coordination across functional areas. The Associate Administrator & Chief Operating Officer monitors continuing operations and reports progress and areas of concern to FNCS UnderSecretary and FNS Administrator.

Information Technology The FNS Chief Information Officer is responsible leading the shutdown of IT systems, and monitoring FNS IT critical systems, tools and website to ensure they are functioning appropriately.

Human Resources The Deputy Administrator for Management is responsible for ensuring that all Human Resources (HR) services and guidance is provided to FNS employees, including HR Specialists in order to guide employees in the procedures to follow and benefits they will or will not have after a government shutdown due to a lapse in appropriations. The following attachments include Human Resources Guidance (Appendix C), Frequently Asked Questions (FAQs) (Appendix D).

–  –  –

Financial Management The FNS Chief Financial Officer is responsible for ensuring coordination with the Departmental Office of the Chief Financial Officer, facilitating the coordination of funding or financial system issues/opportunities with State Partners and State Budget Officers and coordinating with FNS Chief Information Officer on IT systems operability.

Contracts/Operations and Facilities The Deputy Administrator for Management is responsible for managing the functions related to acquisitions and procurements; contracts, and operations/facilities.

DDAY-5 through DDAY-1 Critical Tasks Five days before the expected shutdown process takes place the Contingency Planning Committee will meet twice a day to evaluate the Contingency Plan. Following are the critical


–  –  –

DDAY Critical Tasks After a lapse of funds is confirmed the Agency Orderly Shutdown will be performed. All employees are responsible for taking necessary actions to complete required orderly shutdown

tasks. Key items to address include, but are not limited to:

• Turn on the out-of-office message for your Outlook email.

• Ensure individual voicemail indicates that you are currently out-of-office.

• Provide supervisor with personal contact information.

• Ensure there is no open food in work area and place trash outside or any locked space.

• Protect and secure sensitive and personal information.

• Document the status of assignments and project so they can be resumed easily.

• Add signage indicating the office was closed because of the funding lapse.

• Turn off computers and other IT devices according to guidance outlined in the Information Technology section of this plan.

• Cancellation of transit benefits and travel.

• After completing the orderly shutdown, do not use government-issued mobile devices, including cell and smart phones, tablets, and/or laptops for approved purposes.

• Cancellation of government purchase, fleet and travel cards for appropriate government use.

Following is a list of critical tasks for each functional area:

–  –  –

Request to Recall Resource(s)


Date(s) Required:

Length of Time Required

Each Day (# hours):




Contact Information:

Name of Recommending



Name of Reviewing David Burr, Chief Financial Officer



Name of Approving Jeffrey Tribiano, Chief Operating Officer



–  –  –

FNS Contingency Plan Page 13 Appendix C: Human Resources Guidance Appeals Federal employees have the right to appeal a shutdown furlough to the Merit Systems Protection Board (MSPB) within 30 calendar days after the effective date of the furlough.

Appeal Rights Employees who have completed a probationary or trial period or one year of current continuous employment in the competitive service under other than a temporary appointment may appeal this action to the MSPB. Employees in the excepted service who have veterans preference may appeal to MSPB if they have completed one year of current continuous service in the same or similar positions as the one they now hold. Employees in the excepted service who do not have veterans preference and who are not serving a probationary or trial period under an initial appointment pending conversion to the competitive service may appeal to MSPB if they have completed two years of current continuous service in the same or similar positions in an Executive agency under other than a temporary appointment limited to two years or less.

Career SES appointees (except reemployed annuitants) who believe the requirements of Title 5, Code of Federal Regulations, Part 359, Subpart H, have not been correctly applied may also appeal to MSPB.

Appeal Process If you have the right of appeal to MSPB, and wish to appeal this action, you must file the appeal within 30 calendar days after the effective date of your furlough. If you wish to file an appeal, you may obtain information about the appeals process and a copy of the appeals form from the MSPB website at http://www.mspb.gov/appeals/appeals.htm. MSPB requires an appeal to be filed with the MSPB regional or field office serving the area where your duty station was located when the action was taken. MSPB also offers the option of electronic filing at https://eappeal.mspb.gov/. Employees have a right to representation in this matter and may be represented by an attorney or other person of their choosing.

Bargaining Unit Employees Bargaining unit employees may grieve this action in accordance with their applicable negotiated agreement or may appeal to MSPB in accordance with the procedures outlined above, but not both.

Benefits Federal Employee Health Benefits (FEHB) Program FNS employee’s FEHB coverage will continue even if an agency does not make the premium payments on time. Since the employee will be in a non-pay status, the enrollee share of the FEHB premium will accumulate and be withheld from pay upon return to pay status. The FNS Contingency Plan Page 14 government contribution continues while employees are in nonpay status FNS employees in a non-pay status due to a lapse of appropriations (shutdown furlough) will not have the opportunity to terminate or cancel FEHB coverage. The employee will remain covered; the enrollee share of the FEHB premium will accumulate and be withheld from pay upon return to pay status.

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