DJJP-17-RFP-1022_Attachment_3.pdf

Solicitation DJJP-17-RFP-1022 Attachment 3

DOJ STANDARDS OF CONDUCT &

CONTRACTOR/SUBCONTRACTOR CONFIDENTIALITY AGREEMENT

Contractor Screening Guidance for Employee Suitability and Conduct

(a) The Contractor's personnel officer must determine whether the conduct of the person being considered for assignment on the DOJ contract indicates a potential for behavior which would interfere with, prevent or otherwise impact adversely on: (1) the position to be filled by applicant; (2) the performance of the duties and responsibilities of others on the contract or in the Government; or (3) the ability of the employing agency to effectively carry out its mandated responsibilities. If the Contractor's personnel officer determines that employing an applicant will not promote the efficiency of the DOJ contract, the applicant must be disqualified from assignment on the contract.

(b) Generally, the following conduct factors, as disclosed on a SF-85P, in a written statement or personnel interview, or established during a reference check, will preclude the Contractor from using such employee on this contract. Contractors should not refer such individuals to the Department for work under this contract.

(1) Recent felony conviction.

(2) Pending indictments or criminal charges.

(3) Infamous or disgraceful conduct (e.g., bizarre behavior indicating depravity).

(4) Recent history of drug abuse.

(5) Current continuing alcohol abuse.

(6) Intentional false statement, deception, fraud in appointment (e.g., altering the condition of discharge on military discharge documents, altering college transcripts, falsely completing the SF-85P).

(7) Default on a guaranteed student loan (default with no attempt to repay).

(8) Non-U.S. citizenship (non-legal residents, recent legal residents (i.e., resided in the U.S. less than four years), non-U.S. citizens maintaining citizenship in former "Soviet block" and/or "hostile" countries).

(9) Reasonable doubt of loyalty to the United States (membership in organizations advocating violence or overthrow of the U.S. Government).

(c) The following discretionary factors may be acceptable based on a consideration of the nature and seriousness of the offense, timeliness, frequency and potential basis for rehabilitation. The decision must be made on a case-by-case basis, and is subject to DOJ review:

(1) Less severe forms of misconduct (e.g., leave abuse, disorderly conduct, etc.

that is not recent or recurring).

(2) Recovering alcoholic (individual must show a clear and sustained break in the pattern and evidence that the abuse will not occur again--such as medical care or active participation in a rehabilitation program).

(3) Rehabilitated drug user (same as recovering alcoholic).

(4) Default on a guaranteed student loan or other credit problems (individual must be taking steps to repay the defaulted loan and/or to repay all just debts over $300).

(5) Delinquency or misconduct in prior employment (The act of conduct that led to the dismissal should be considered, rather than the mere fact of dismissal.

Is the individual reliable and trustworthy? Dismissal for cause from previous Federal Government employment is normally disqualifying.)

(6) Non-U.S. citizenship (Individual is a legal U.S. resident and has lived in the

United States at least four years (long enough for a background investigation to yield adequate information). Non-U.S. citizens who maintain citizenship in "Soviet block" countries and/or "hostile" countries may be disqualified even though they have resided in this country for four or more years.

(d) Given the above guidelines for determining suitability, the Contractor's personnel officer should be able to determine, without DOJ involvement, which applicants are unsuitable for assignment to this contract. However, additional questions and requests for information may result from review of the security packages by DOJ personnel.

(e) In the event the Department or the Contractor has reasonable cause to believe that an employee under the contract falls under any of the nine mandatory disqualification factors listed above, the employee must be removed from DOJ contract work. In addition, all Contractor employees assigned to this contract are expected to conduct their work in a professional and responsible manner.

U.S. DEPARTMENT OF JUSTICE CONFIDENTIALITY AGREEMENT

FOR CONTRACTOR AND SUBCONTRACTOR EMPLOYEES

I. I, , do solemnly swear (or affirm) that I understand the high standards of trustworthiness and integrity required of me with regard to materials and information which may come to my attention in connection with Government contract _________ while I am an employee of __________________.

II. Except as necessary in the performance of my duties under this contract, I will not:

A. Reveal, divulge, or publicize any matters dealt with under this contract.

B. Disseminate any oral or written information obtained as a result of execution of this contract or performance of work hereunder.

C. Remove any document from the place of contract performance, except as approved in advance by the Contracting Officer's Representative (COR).

In addition, I have read and will abide by the provisions of the Security Requirements clause of the above referenced contract.

I further swear (or affirm) that I understand the provisions of Section II, A, B, and C, above, are fully applicable during my employment with on this contract, and continue to apply during the entire lifetime of the ITSS task order(s), including the time after my employment on the contract is terminated.

III. As a Contractor or Subcontractor employee on this contract, I understand that the Government may remove any computer access privileges for unauthorized, negligent, or willful actions.

IV. As a Contractor or Subcontractor employee on this contract, I understand that all materials provided by the Government, including any copies, notes, or working papers derived or produced therefrom, are the property of the Government. If required to do so by the Contracting Officer or COR, I will promptly surrender such materials and derived copies, notes, or working papers that are in my custody or control. I understand that my failure to surrender such materials promptly, or my conversion of such materials to a use not called for by the contract (e.g., delivery of a document, or a copy thereof, or notes containing information taken from the document, to someone not working on this contract), may be a violation of 18 U.S.C. 641 (theft of government property) and may subject me to fines (up to $10,000) and imprisonment (up to 10 years).

V. In accordance with contract provisions, the government may formally modify or change this

Agreement in those instances in which the courts (e.g., grand jury investigations), statutory requirements (e.g., civil or criminal investigative demands), or specific circumstances dictate such a modification or change.

DATE SIGNATURE