Attachment 8- Personnel Security.pdf

SECURITY REQUIREMENTS

NATIONAL PHYSICAL SECURITY (NPS)

MAINTENANCE AND INSTALLATION SERVICES

15M20019RA32NPS01

ATTACHMENT 8

1.0 Background Investigations

The contractor shall ensure that the person(s) to be utilized in the performance of this contract shall have submitted to the federal government completed security/suitability background investigation required in this clause. The intent and purpose of the investigation is to preclude the assignment of any individual who poses a threat or unacceptable risk to the United States Marshals Service (USMS) due to past unlawful/inappropriate behavior or any issues which negatively affect his/her suitability for work on a USMS contract. The contractor shall assure that each prospective contract or sub-contract employee furnishes all required data in the form and format determined by the USMS Office of Security Programs (OSP) or the Security Programs Manager.

The government reserves the right to reject any personnel proposed to work on this contract if any derogatory information is discovered during or after the background investigation. The government also reserves the right to reinvestigate any individual working on this contract, as deemed necessary.

After completion of the background investigation, the government will review the results and determine if the individual is suitable to perform under the contract. The contractor will be informed of the suitability determination for each person in writing. The contractor is prohibited from allowing or directing any individual to perform under this contract prior to the authorization of OSP.

2.0 Acceptability of Previous Investigations/Clearances

Whenever a Contractor employee has been the subject of a prior background investigation that was conducted by an investigative unit of another federal government agency and the investigation meets the standards prescribed in the following paragraphs, an approval may be granted provided that: there has been no continuous (not cumulative) break in federal contract/service employment of more than two (2) years, and the required investigation was conducted no more than 60 months prior to the date of the award and a favorable adjudicative decision was made. If the prior investigation does not meet such standards, a supplemental or additional investigation shall be conducted. Even though a previous investigation is accepted as meeting the standard, a current FBI National Crime Information Center (NCIC) check must be completed. An OF-306, Declaration for Federal Employment and a Department of Justice form 555 may also be required. Acceptance of a prior investigation does not in and of itself convey approval for access to USMS facilities or information systems. The OSP will be the final authority on the suitability of the previous investigation.

3.0 Provisions required by Homeland Security Presidential Directive 12 (HSPD-12)

These positions are to be considered high risk public trust positions. Work under this contract is SENSITIVE BUT UNCLASSIFIED (SBU). Applicants selected, and subsequently approved by the USMS, shall have limited unescorted access to USMS space while in the performance of their duties and during normal business hours.

All personnel employed by the contractor under this Statement of Objectives (SOO) are subject to meeting personnel security requirements as set forth by the USMS and other applicable rules and regulations. Contractor personnel, who require access to a USMS facility for six months or longer and/or who require "unescorted access" to USMS space and/or access to USMS IT systems, will be subject to identity proofing and other provisions ofHSPD-12. A USM-394 is designed for this purpose. Contractor applicants must appear in person before the COR, or other government employee, or an authorized representative of the contracting company and present two original forms of proper identification, one of which is a valid federal, state or county government issued picture identification. Please refrain from using a Social Security card or a copy of a birth certificate. (Photo ID's are usually the best). The USMS representative or other authorized representative must then authenticate the identity of each person and

SECURITY REQUIREMENTS

NATIONAL PHYSICAL SECURITY (NPS)

MAINTENANCE AND INSTALLATION SERVICES

15M20019RA32NPS01

ATTACHMENT 8

complete sections II of the USM-394 and sign on the appropriate line . The contractor must supply an e-mail address for each applicant and should be included on the USM-394. If no e-mail address is available, an e-mail address for the contractor or other point of contact (POC) shall be provided. The COR will then be responsible for forwarding this information to the PSB utilizing the following e-mail address: OSP-contractor@usdoj.gov. The OSP team will then create an on line account in the Office of Personnel Management (OPM) system known as the Electronic Questionnaire Investigative Processing ( e-QIP) and transmit instructions via e-mail to the applicant or point of contact if a new background is needed. The contractor applicant must comply with the instructions as failure to do so could adversely affect their ability to commence work. The OSP will advise the COR of the results of the background investigation by issuing either an approval or disapproval notice (generate via the JSTARS system).

The contractor is responsible for pre-screening prospective employees for suitability to work on this contract and for assuring that all prospective employees have a government performed background investigation completed prior to assignment to the contract. The contractor shall ensure that the person(s) to be utilized in the performance of this contract have been approved by the USMS OSP as a result of the government performed background investigation required by this contract section.

The OSP may grant a temporary waiver ( conditional approval) after receipt of favorable NCIC/NLETS inquiries, a review of a recently completed security questionnaire, favorable results of the FBI fingerprint check and verification of the scheduled date by OPM of the required background investigation, and if a written request was forwarded to and approved by the assistant chief in OSP.

During the life of the contract, the Contractor or COR shall report to the OSP any significant incidents involving individuals previously cleared and assigned to this contract. Significant incidents include, but are not limited to: arrests, convictions, adverse civil judgments, liens, seriously delinquent financial accounts or administrative disciplinary actions or any other matter which h could negatively affect the e integrity and efficiency of the USMS. Based on the information provided, the USMS OSP will make a determination as to whether an employee may continue to work on this contract. Persons convicted of felonies will be considered unsuitable for employment under this contract as well as other serious crimes even if not a felony. Each arrest history will be reviewed carefully. If the Contractor fails to report current significant incidents and the USMS subsequently uncovers such information, the matter could be referred to the USMS Office of General Counsel and/or the Procurement Office for further review for default.

4.0 Employment of Foreign Nationals

In compliance with Section 24, Personnel Security, of DOJ order #2640.2E, Information Technology Security, foreign nationals are not authorized to access or assist in the development, operation, management or maintenance of Department of Justice IT systems including all component systems unless a waiver is granted by the Head of the Component, with the concurrence of the Department of Justice Department Security Officer (DSO) and the Chief Information Officer (CIO).