10_-_Background_Check_Requirements.docx

Special Contract Requirement

Background Checks for Contractor Personnel Requiring Entry/Access to Installations/Locations

(a) Contractor and subcontractor personnel requiring entry/access to the installation(s)/location(s) cited in the contract shall be governed by these requirements. The below requirements and procedures are prerequisites to the issuance of any government identification (i.e., pass/badge) or the registration of a privately owned or commercial vehicle and the issuance of a pass/decal. Contractor requests for exceptions to the below requirements and procedures shall be addressed to the Contracting Officer/designee who will obtain approval/disapproval from the installation/location commander who has the final authority on access issues.

(b) If contractor performance starts immediately upon contract award or within the nine (9) calendar days after the contract award date (i.e., award date plus nine (9) calendar days), the contractor shall submit the following documentation for personnel who will begin performance within the first ten (10) days of the contract to the Contracting Officer/designee:

(1) “Listing of personnel requiring access/entry” (See Note 1), and

(2) Completed consent forms (See Note 2).

To obtain access for contractor personnel who will begin performance on or after the 11th day of the contract (i.e., subsequent to the initial ten (10) days of the contract), the contractor shall follow the documentation requirements outlined in (c).

(c) If the contractor’s performance starts on or after the 11th day following the contract award date (e.g., performance begins on day eleven (11) or later) or for contractor personnel who will begin performance on or after the 11th day of the contract, the contractor shall submit the following documentation to the Contracting Officer/designee:

(1) “Listing of personnel requiring access/entry” (See Note 1),

(2) Completed consent forms (See Note 2), and

(3) Favorable Criminal Background Histories (See Note 3).

This documentation shall be submitted no later than two (2) calendar days prior to performance on the installation/location.

(d) Subsequent to the contractor accomplishing (b) or (c), as applicable, contractor personnel may report to the badge issuing activity and follow local installation/facility procedures to obtain identification passes/badges and vehicle passes/decals.

(e) For contractor personnel to obtain entry to the installation/facility in order to request the issuance of government identification (i.e., pass/badge) or to register a privately owned/commercial vehicle and obtain a vehicle pass/decal, the contractor personnel shall report to the installation/location entry control point and badge issuing activity with a photo identification issued by a Federal/State activity.

(f) To register a privately owned/commercial vehicle and obtain a vehicle pass/decal, contractor personnel shall provide a valid driver’s license, current vehicle registration, and valid vehicle insurance certificate.

(g) Contractor personnel shall follow local procedures for wearing and displaying government-issued identification passes/badges, vehicle passes/decals, and contractor-issued identification. In general, all identification passes/badges and vehicle passes/decals shall at all times be prominently worn/displayed in a visible manner to government personnel.

(h) During the performance period of the contract, the contractor shall:

(1) Provide written notification of any additions to the “Listing of personnel requiring entry/access” and submit consent forms and criminal background histories for all new contractor personnel requiring entry/access to the Contracting Officer/designee.

(2) No later than five (5) working days after a change in status for contractor personnel requiring entry/access (e.g., the personnel no longer require entry/access or the contractor becomes aware of a negative screening criteria (i.e., “disqualifying factor”), provide written notification of deletions of personnel to the contractor’s “Listing of personnel requiring entry/access” to the Contracting Officer/designee, and return all government-issued identification passes/badges and vehicle passes/decals to the Contracting Officer/designee.

(3) Maintain a copy of all background checks for a 24-month period and ensure subsequently needed background checks are accomplished prior to the expiration of a 24-month period (See Note 3).

(i) Given a reasonable cause, condition, or reason, this requirement does not circumvent an installation/location commander’s unilateral authority to deny or withdraw any individual’s entry/access to an installation/location.

(j) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with AFI 31-101, The Air Force Installation Security Program, and AFI 31-501, Personnel Security Program Management, as applicable.

(k) Contractor personnel are not covered by FAR 52.222-3, Convict Labor, for the purposes of entry/access to entry/access to installations/locations. Contractor personnel are covered by FAR 52.222-3 for the purposes of performance outside of installations/locations.

(l) The Contractor shall insert this requirement in any subcontract where the subcontractor will require entry/access to the installation(s)/location(s) cited in the contract.

Note 1: “Listing of personnel requiring access/entry.” The contractor shall provide a “Listing of personnel requiring entry/access” to the Contracting Officer or the Contracting Officer’s designee(s). Contact information for the Contracting Officer’s designee follows:

(The contracting officer’s designee may be personnel within Security Forces, inclusive of the badge issuing activity; or personnel within the organization that will be performing quality assurance functions for the contract.)

This listing shall be submitted on company letterhead and, as a minimum, contain the following data elements:

- Contract number.

- Contract award date.

- Performance start and stop date(s).

- Work site(s) or location(s).

- As a minimum, the following information for contractor personnel requiring entry/access: full name, social security number (or other identification number), and installation(s)/location(s) to be accessed.

- A statement that the social security numbers of the listed employees have been verified with the social security administration (contractors should reference www.ssa.gov/employer/ssnv.htm)

No contractor personnel shall be granted or authorized entry/access until identified on the “Listing of personnel requiring entry/access.”

Note 2: Consent forms. Consent forms shall authorize the Air Force to fingerprint contractor personnel and to conduct additional background checks. In general, the consent form will outline the following:

(1) The contractor has briefed the contractor personnel for the purpose of the consent form.

(2) The information on the form is collected in accordance with 50 U.S.C. 797 and DoDD 5200.8 that permits installation commanders to limit access to installations for security reasons.

(3) Completion of the form is voluntary.

(4) Agreement to provide a specimen of fingerprints, if/when requested.

(5) Awareness of a list of “disqualifying factors” and/or access to the list.

(6) Consent and authorization for the Air Force to conduct additional background screening and to compare fingerprints against state and federal criminal databases.

(7) Knowing and willful false statements on the form can be punished by a fine or imprisonment, or both (10 U.S.C. 1001).

(8) That the consent form shall remain valid for not less than a 24-month period.

In summary, the consent forms authorize the Government to conduct additional background checks that may result in the identification of negative screening criteria (i.e., disqualifying factor(s)). If negative screening criteria are identified, the affected contractor personnel shall be denied entry/access and the Contracting Officer/designee will notify the contractor. Furthermore, the Contractor shall be responsible for immediately returning all issued identification passes/badges and vehicle passes/decals to the Contracting Officer/designee.

Note 3: Criminal Background History (CBH). Background checks may be obtained from local, county, or state law enforcement authorities; or commercial vendors whose checks include a criminal background history. To be considered complete, background checks shall, as a minimum, cover the employee’s place(s) of residency for the 24-month period prior to contract award and provide the following information:

- Individual’s name.

- Social Security Number.

- Date of birth.

- Address of current residence.

- Address of residence(s) over the past two (2) years.

- Criminal/Arrest record (felony/misdemeanor) since the 18th Birthday.

- Information on the locality(ies) checked (i.e., local, county, state, and/or federal).

- List of outstanding wants and warrants.

Depending upon local, county, or state regulations, the background check may be obtained by the contractor or the contractor personnel.

“Favorable” background checks will not contain any of the following negative screening criteria (i.e., “disqualifying factors”):

- U.S. citizenship, immigration status, or Social Security Account Number cannot be verified.

- Barred from entry/access to any military installation or facility.

- Wanted by federal or civil law enforcement authorities, regardless of offense/violation (i.e., an “order to arrest” has been issued by a judge).

- Conviction of a firearms or explosive violation within the past three years.

- Incarcerated for 12 months or longer within the past three years, regardless of offense/violation.

- Any conviction for espionage, sabotage, treason or terrorism, or murder.

- A conviction of sexual assault, armed assault/robbery, rape, child molestation, drugs possession with intent to sell, or drug distribution within the past ten years.

- Name appears on any federal agency’s “watch list” or “hit list” for criminal behavior or terrorist activity.

Each background check shall be considered “current” for a 24-month period and valid for all contracts performed within the 24-month period of currency. Contractors shall ensure background checks are accomplished every 24 months to ensure no lapse in background check coverage. This requirement does not apply to contractor personnel that have a favorable government personnel security background investigation that is valid for a period longer than two years.

Contractor personnel who have a current, favorable government personnel security background investigation that is electronically accessible and immediately verifiable by the Government within the Joint Personnel Adjudication System (JPAS) are not required to obtain an additional background check for the purposes of complying with this requirement (i.e., existing current, favorable security background investigations may be used in lieu of these requirements).