7300323253Attachment10.pdf

GROUP 73003 – Temporary Personnel Services - Language Services (Statewide)

Page | 1 23253 – Attachment #10 Background Check Requirements

Requirements

Attachment 10

Background Check Requirements

Authorized Users, at their discretion, may request in the RFQ that background checks be performed for specific titles. Background checks for language services performed on site are optional and at the Authorized Users’ discretion. Additional background check requirements requested by an Authorized User shall be specifically detailed in the RFQ. Contractors may bid an additional fee for background check requests beyond the minimum requirements. The Contractor shall pre-screen and qualify Candidates as defined in the respective job titles for all positions requested. Regarding onsite work, Authorized Users may require that the Candidate(s) reside and be legally authorized to work in the United States. At the discretion of the Authorized User, a replacement Candidate may begin work before the background check is completed, if there is the issuance of a written waiver by the Authorized User to the Contractor.

Master File is an electronic file maintained by Contractor for each Candidate. The Master File must include for each Candidate a resume if requested by an Authorized User, qualifications, certifications, licenses, and background checks unless requested by an Authorized User. If the Candidate’s Master File contains educational background verification and social security number verification, then these items may be omitted from the initial background check at the discretion of the Authorized User. If the Master File contains employment verification from previous engagements with the State, then employment verification is only required to be updated going back to the previous verification included in the Master File.

A. Background Check (if requested in the RFQ by the Authorized User)

(1) When a Contractor proposes a Candidate, a copy of any previously completed background check shall be furnished with such Candidate’s resume and Master File at the time of proposal. If the Authorized User tentatively selects such Candidate, and the prior background check was completed more than six months before the Authorized User’s tentative selection, then the Contractor shall perform an updated background check and provide the results thereof to the Authorized User. If there was no previous background check, the Contractor shall perform a complete background check and provide the results thereof to the Authorized User.

(2) The Contractor is responsible for completing background checks on each Candidate prior to such Candidate beginning work. The completion of a background check of a given candidate shall not provide a given candidate with clearance to secured areas. A Contractor is required to maintain records of background checks for the Contract term, to include them in the Candidate’s Master File, and make such records available to the State when requested.

(3) At a minimum, the background check must include the following steps:

i. Undertaking a criminal history record check including a) a national criminal history check, and b) state and county criminal checks using the NYS Office of Court Administration (NYSOCA) and comparable searches of states where the person lived, worked or attended school during the past five years. In the alternative, a Contractor may elect to obtain the record of convictions from NYSOCA directly and from their equivalents from other states where the person lived, worked or attended school during the past 5 years;

ii. For positions in which the Candidate may be working directly or indirectly with minors, the elderly, or incapacitated individuals, determine if the Candidate is listed on the NYS Sex Offender Registry. The Authorized User is responsible for communicating these circumstances to the Contractor;

iii. Verification of previous employment for the past five years;

iv. Verification of educational background;

v. Verification of social security number and U.S. citizenship or legal resident status; and, GROUP 73003 – Temporary Personnel Services - Language Services (Statewide)

Page | 2 23253 – Attachment #10 Background Check Requirements

After the completion of the background check, the Contractor shall provide the results to the Authorized User. The Authorized User shall review the information and make a determination about the suitability of the Candidate for the position in accordance with the relevant statutory and contractual provisions.

B. Temporary Personnel Removal If a Contractor becomes aware that any Temp it has provided to work for an Authorized User under an OGS contract becomes a potential unacceptable risk to the State, the Contractor shall immediately notify the Authorized User, and jointly decide if it is necessary to remove that Temp from the site. If a Temp is removed, the Contractor shall propose a qualified substitute Candidate. An Authorized User may waive the removal of a Temp by providing a written waiver to the Contractor. Should an Authorized User find a Temp to be an unacceptable risk to the State, the Authorized User shall notify the Contractor and may require that the Contractor provide a replacement Candidate.