ATTACHMENT D OCon_520.doc

Background Investigations and Credentials for Contractors’ Personnel

This information applies to the Contractor’s employees and subcontractors, who provide services for the Smithsonian Institution (SI). All contractors are subject to SI security directives in effect during the duration of their contracts with the SI.

1. Background Investigations. Specifically, all Contractor’s employees to be assigned to the SI under this contract shall be required to receive an SI Credential if their association with SI will be greater than thirty (30) days and they will need access to staff-only areas of SI controlled facilities and leased spaces. Prior to being issued this SI Credential, the Contractor’s employees shall be required to undergo and pass an appropriate background investigation and complete security awareness training. The Contractor’s employees whose associations with the SI shall be less than 30 days shall not receive a background investigation or SI Credential, however, they must be escorted by Credentialed personnel at all times when in staff-only areas of SI facilities. Upon successful completion of a background investigation, the Contractor’s employees to be assigned to SI shall be issued an SI Credential that must be worn and visible at all times while on duty and within staff-only areas of SI facilities. If the nature of the work does not require escorted access to SI facilities, or when SI Credentialed staff can accompany contractors at all times, the Contractor and/or Contractor’s employees may begin work prior to receiving an SI Credential. Contractor’s and subcontractor’s employees shall not be allowed unescorted access to SI staff-only areas until they undergo an adjudicated background check and receive an SI Credential.

2. Forms, Information and Reviews Required. The Contracting Officer’s Technical Representative (COTR), or other designated SI employee, shall furnish the Contractor with an OF-306 (Declaration for Federal Employment form). An OF-306 must be completed by each person employed by the Contractor who shall be assigned to SI. Completed forms OF-306 must be returned by the Contractor to the COTR, or other designated SI employee, within ten (10) workdays from receipt of the forms. Upon notification from the COTR or designated SI employee the Contractor shall send each employee to be assigned to this contract to the SI Personnel Security and ID Office for fingerprinting. For contractors to SI organizations outside the Washington DC and New York City areas, SF-87 Fingerprint Cards shall be provided to the Contractor by the COTR or other designated SI employee. If necessary, the forms SF-87 shall be submitted by the Contractor with the OF-306. Based on the information furnished, the SI shall conduct a background investigation referred to as Special Agreement Checks (SAC). The SAC includes but is not limited to:

· Security Agency Checks (record of previous suitability determinations)

· FBI National Criminal History Check

· Law Enforcement Checks

SI shall review the investigation results and determine if the contractor and contractor’s employees did not provide their true identities, or are otherwise not suitable for an SI Credential. SI shall provide the contractor with reasonable notice of the determination, including specific reason (s) the individual(s) has been determined to not have provided his/her true identity or is otherwise unsuitable for an SI Credential. The contractor or subcontractor has the right to answer the notice in writing and may provide documentation that refutes the validity, truthfulness, and/or completeness of the SI initial determination. After consideration of the initial determination and any documentation submitted by the contractor for reconsideration, the Director, Office of Protection Services (OPS), SI, or his/her designee, shall issue a written decision. The reconsideration decision by the Director, OPS, shall be final.

3. Term Requirement for SI Credentials. Throughout the life of the contract, the Contractor shall provide the same data for each new employee(s) or subcontractor(s) who will be assigned to this contract. The Contractor’s SI Credentials shall expire annually and must be renewed, if necessary. It is the Contractor’s responsibility to initiate the renewal process. The Contractor is not required to submit another set of background investigation forms for the Contractor’s employees who have already been through this process.

4. Relinquishing SI Credentials. Upon expiration of the contract, or removal or termination of the Contractor’s employees assigned to SI facilities, the Contractor shall return all SI Credentials issued to the Contractor’s and /or subcontractor’s employees to the COTR or other designated SI employee.

OCon-520, Background Investigations and Credentials for Contractors’ Personnel

October 2009