ATTACHMENT_4_Security_RequirementsECURITY_REQUIREMENTS.pdf

DJM-14-A32-Q-0004

BARRIER SECURITY REQUIREMENTS

ATTACHMENT 4

National Barrier Contract

The National Barrier Contractor shall comply with all security requirements set forth by the United States Marshals Service (USMS). The Contractor shall also meet the identified requirements below and comply with all instructions set forth.

The Contractor shall ensure that the person(s) to be utilized in the performance of this contract have submitted to the federal government completed security/suitability background investigation required in this clause. The purpose of the investigation is to preclude the assignment of any individual who poses a threat or risk to the USMS (e.g. past unlawful/ inappropriate behavior or any issues which negatively affect his/her suitability for work on a USMS contract). The Contractor shall ensure that each prospective contract or sub-contract employee furnishes all required data in the format determined by the USMS Personnel Security Branch (PSB) 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 PSB.

1.0 National Agency Check and Inquires (NACI): Consists of a National Agency Check, written inquiries, and record searches for the past 5 years. This is the established requirement for all contractors to comply with in order to have access to USMS and US Courts space.

1.1 Personnel Required: All National Barrier Contract employees, contractor(s) and/or subcontractor(s) personnel supporting this contract shall receive a NACI prior to supporting this contract. This will also include all full time employees, contractors or sub-contractors assigned to the Project Management Office and/or any person who have access to information pertaining to the USMS Barrier Contract.

1.2.1 Procedures for NACI Suitability Review: The National Barrier Contractor shall obtain the proper forms and finger prints for the NACI suitability review without charge to the Government. The Contractor will have its employee’s, contractors and subcontractors fingerprinted at any law enforcement agency and will collect all information on the form entitled “USM-394” and all other information required under this section. This will be at the contractors or employees expense.

All personnel employed by the Contractor under this Statement of Work (SOW) must meet 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 of HSPD-12. A USM-394 is designed for this purpose.

Contractor applicants must present two (2) forms of proper identification, one of which is a valid federal, state or county government issued picture identification. Copies of the identification submitted will be notarized and any expense for notary service will be that of the Contractor or individual. Please refrain from using a Social Security card or a copy of a birth certificate. The contractor will not utilize USMS District personnel for any of these procedures. Civilian Law Enforcement agencies will be used for fingerprinting at the employee or contractors expense. Ensure line 25 on the USM-394 is signed.

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 Contractor shall then be responsible for forwarding this information to the PSB utilizing the following e-mail address: PSB-Contractor@usdoj.gov. The National Barrier Contractor may also elect to mail the individual requests by USPS Certified mail, FedEx, UPS or hand carry to:

USMS, Office of Security Programs

Personnel Security Branch, CS-3, 2604 Jefferson Davis Hwy, Alexandria, VA, 22301

The PSB team will 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; failure to do so could adversely affect their ability to commence work.

The PSB will advise the COR of the results of the background investigation by issuing either an approval or disapproval notice. The USMS OSC will post approvals on the USMS Intranet;

District personnel may verify the approval has been granted. The District may then issue an access badge, if applicable.

The Contractor is responsible for pre-screening prospective employees and ensuring that the person(s) to be utilized in the performance of this contract have been approved by the USMS PSB as a result of the government performed background investigation required by this contract section.

2.0 Acceptability of Previous Investigations or Government Suitability Verifications

The Contractor shall submit the required information for all personnel immediately after the contract award. Due to the sensitivity of the USMS Physical Security Program, personnel failing to meet the required minimum background investigation requirements shall be removed from performing under this contract; therefore, the Contractor shall optimize the use of currently cleared personnel.

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 PSB will determine the suitability of the previous investigation. All documents concerning paragraph 2.0 will be forwarded in the same manner or means as in paragraph 1.2.1.

3.0 Delays of Suitability Reviews:

The Contractor is responsible for expenses incurred due to delays caused by the suitability review process. Under no circumstances shall the Government recognize a claim for an equitable adjustment in the contract price and/or schedule as a result of any delay due to the failure to have properly submitted adjudicated personnel unless the Contractor submits evidence that a delay was created or caused by the government or another representative of the government. The Contractor shall submit a letter of explanation to the Contracting Officer requesting a review. The Contracting Officer has final determination in this matter and no rights for an appeal exist. The USMS will be responsible for the OPM (e-QIP) fees.

4.0 Contractor Employee, Contractor or Sub-contractor Departure:

Any employee, contractor or subcontractor under this contract who has had access to the National Barrier Contract information and is then removed from the position shall have a memorandum on file noting that all information concerning the security information of the USMS, past and present will not be carried out or distributed to any other person (s). A file copy shall be forward to the Contracting Officer, COR and the Chief of Security, Personnel Security Division to the address as stated in 1.2.2 of this addendum.

5.0 Contractors Obligations:

During the life of the contract, the Contractor or COR shall report to the PSB 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 could negatively affect the integrity and efficiency of the USMS.

Based on the information provided, the USMS PSB will make a determination as to whether or not an employee may continue to work on this contract. Persons convicted of felonies will be considered unsuitable for employment under this contract. 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.

6.0 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).