Region 1 Contractor Suitability Contractor Instructions 010509.pdf

NEW ENGLAND REGION

CONTRACTOR SUITABILITY CONTRACTOR INSTRUCTIONS

UPDATED JANUARY 5, 2009

INTRODUCTION

Homeland Security Presidential Directive 12 (HSPD 12) establishes the Policy for a Common Identification Standard for Federal Employees and Contractors. In compliance with HSPD-12 on contractor suitability clearances, the New England Region developed instructions to assist contractors completing requirements of HSPD 12 and track the processing of those clearances.

DEFINITIONS

A. E-QIP (Electronic Questionnaires for Investigations Processing): An Office of Personnel Management (OPM) online Web-based system application that houses an electronic version of the Standard Form 85P (SF-85P).

B. Escort: A credentialed Federal employee or Long Term Contractor who has received a favorable National Agency Check with Written Inquiries (NACI) and a GSA approved identification credential and who is assigned to accompany an Escorted Temporary Contractor on or within a building.

C. Escorted Temporary Contractor: A non-federal employee or individual engaged to perform work for the federal government on or within federal facilities on a non-recurring and intermittent basis from 1 calendar day up to 15 calendar days. An Escorted Temporary Contractor requires an escort and is not required to have a suitability determination.

D. GSA Regional Credentialing Office (RCO): The GSA Office that is the liaison between GSA and DHS/FPS and has responsibility for the Regional Contractor Suitability Clearance Program.

E. GSA Requesting Official: Government employees, who have the authority through their position to request contractor suitability clearances, notify the contractors of the suitability determination, determine escorts, and notify FPS in writing of escorted contractors and perform other duties associated with the Contractor Suitability Clearance Program. Requesting Officials include, but are not limited to Contracting Officers, Contracting Officers’ Representatives (COR), Contracting Officers’ Technical Representatives, Property Managers, Project Managers, Security Guards or Customer Agency Officials.

F. Long Term Contractor- Non-U.S. Citizen residing in U.S. less than 3 consecutive years: A non-federal employee or individual engaged to perform work for the federal government, on or in a Federal Premises on a recurring basis for duration of 181 calendar days or greater. They must meet HSPD-12 requirements and receive a favorable suitability determination..

G. Long Term Contractor- U.S. or Naturalized Citizen or Non- U.S. Citizen legally residing in U.S. for more than 3 consecutive years: A non-federal employee or individual engaged to perform work for the federal government, on or in a Federal Premises on a recurring basis for a duration of 181 calendar days or greater. They must meet HSPD-12 requirements and receive a favorable suitability determination.

H. National Agency Check (NAC): A basic background check that is an integral part of all background investigations consisting of searches of the OPM Security/Suitability Investigations Index (SII), the Federal Bureau of Investigation (FBI) Identification Division’s name and fingerprint files, and other files or indices from supporting local and state governments when necessary.

I. National Agency Check with Written Inquiries (NACI): A background check that consists of a NAC with written inquiries and searches of records covering specific areas of an individual’s background during the past five years (inquiries sent to current and past employers, schools attended, references, and local law enforcement authorities).

J. Security Forms: Forms that are required based upon the duration of the contract in order to complete a contractor suitability clearance and include the Contractor Information Worksheet, Standard Form (SF) 85P entitled Questionnaire for Public Trust Positions, 2-sets of DHS/FPS FD 258 entitled Fingerprint Cards, Form I-9 entitled Employment Eligibility Verification, DHS Contractor Information Worksheet and GSA Transmittal: Contractor Suitability Request Form.

K. Suitability determination: The process of determining whether a contractor is suitable to work in a federal facility. A suitability determination establishes a contractor’s loyalty, character, trustworthiness, and reliability, and therefore eligibility for the issuance of a GSA identification credential. Suitability determinations are either favorable or unfavorable.

L. Temporary Contractor: A non-federal employee or individual engaged to perform work for the federal government on or in a Federal Premise on a recurring, non-recurring and intermittent basis from 16 calendar days up to 180 calendar days.

M. Temporary/Long Term Contractor Requiring GSA Network Computer Access:

A non-federal employee or individual engaged to perform work for the federal government, within a Federal premise on a recurring, non-recurring and intermittent basis requiring access to the GSA computer network in support of a Service or Staff Office contract requirement. A Contractor requiring GSA Network Computer Access must meet HSPD-12 requirements. All Contractors requiring GSA network computer access, who receive a Pre-Favorable Suitability Determination may receive access to the following OCIO platforms, (Lotus Notes email, Internet Access and Microsoft Office). Once a Contractor receives a NACI, then the GSA OCIO may grant full computer network access upon Service or Staff Office request, based upon GSA Order CIO P 2181.

A Temporary Contractor: A non-federal employee or individual engaged to perform work for the federal government, in or on a Federal Premise, on a non-recurring and intermittent basis from 16 calendar days up to 180 calendar days must receive a favorable suitability determination. All Temporary Contractors will receive a NAC suitability determination. In addition, all Contractors Requiring GSA Network Computer Access on a non-recurring and intermittent basis from 1 calendar day up to 180 calendar days meet HSPD-12 requirements. All Temporary Contractors requiring GSA network computer access, who receive a Pre-Favorable Suitability Determination may receive access to the following OCIO platforms, (Lotus Notes email, Internet Access and Microsoft Office). Once a Temporary Contractor receives a NACI, then the GSA OCIO may grant full computer network access upon Service or Staff Office request, based upon GSA Order CIO P 2181. The following process must be followed:

1. Prior to the work commencing, the GSA requesting Official provides the following forms including the DHS FPS Contractor Information Worksheet (CIW) to the Temporary Contractor for completion and submittal back to the GSA Requesting Official in an unsealed envelope with the contractor’s last name, first name, middle name, last four numbers of their SSN and the company name at the top of the envelope:

• The SF-85P entitled Questionnaire for Public Trust Positions and, if required by the contractor, an SF-85P Continuation Sheet, which is located at www.gsa.gov and click on Forms Library.

• Two complete sets of DHS/FPS FD 258 (Fingerprint Cards)

• A copy of two documents that establishes “proof of identity” as listed on page 2 of the Form I-9 Employment Eligibility Verification.

• Contactor to complete all information in section 1 of the DHS

Contractor Information Worksheet (CIW) as required.

All forms must be complete and in typed format. Hand written forms will not be accepted.

http://www.gsa.gov/

2. Suitability Determinations may be either:

• Pre-Favorable - The prospective contractor is determined to be suitable to perform work in the building for a duration of up to 180

• Unfavorable – The prospective contractor is determined to be unsuitable to perform work in the building. This determination is frequently based upon an incongruity between the forms submitted by the contractor and the law enforcement checks. The contractor may appeal this decision within 30 days. All appeals on an Unfavorable determination are handled by HQ DHS/FPS, Washington, DC.

• Clarification – The prospective contractor needs to contact the

DHS/FPS Contractor Suitability Adjudication Section within 15 days to provide additional information in order to complete the background investigation for a suitability determination. Failure to respond within the above timeframe will result in an UNFAVORABLE determination.

• Illegible Fingerprints - The prospective contractor needs to re-submit 2 new sets of the DHS/FPS FD-258 Fingerprint Cards with a copy of the DHS/FPS illegible letter through the GSA Requesting Official to the GSA Regional Credentialing Office (RCO) within 15 days of the notification. Failure to resubmit within the above timeframe will result in an invalid application of which a complete packet will be required to be resubmitted

3. In the event the contractor receives an Unfavorable or Clarification suitability determination, the contractor is afforded an opportunity to explain and correct any inconsistencies by providing additional supporting documentation to the DHS/FPS Contractor Suitability Adjudication Section, which may or may not change the suitability determination.

B. Long Term Contractor- Non-U.S. Citizen residing in U.S. less than 3 consecutive years: A non-federal employee or individual engaged to perform work for the federal government, on or in a Federal Premises on a recurring basis for duration of 181 calendar days or greater. They must meet HSPD-12 requirements and receive a favorable NACI suitability determination. The following process must be followed:

1. Prior to the work commencing, the GSA Requesting Official provides the following forms including the CIW to the contractor for completion and submittal back to the GSA Requesting Official. These forms should be returned in an unsealed envelope with the contractor’s last name, first name, middle name, last four numbers of their SSN and the company name at the top of the envelope:

• The SF-85P entitled Questionnaire for Public Trust Positions and, if required by the contractor, an SF-85P Continuation Sheet, which is located at www.gsa.gov and click on Forms Library.

• Two complete sets of DHS/FPS FD 258 (Fingerprint Cards)

• A copy of two documents that establishes “proof of identity” as listed on page 2 of the Form I-9 Employment Eligibility Verification.

• Contactor to complete all information in section 1 of the DHS

Contractor Information Worksheet (CIW) as required.

2. Suitability Determinations may be either:

frequently based upon an incongruity between the forms submitted by the contractor and the law enforcement checks. The contractor may appeal this decision within 30 days. All appeals on an Unfavorable provide additional information in order to complete the background http://www.gsa.gov/

DHS/FPS illegible letter through the GSA Requesting Official to the GSA Regional Credentialing Office (RCO) within 15 days of the notification. Failure to resubmit within the above timeframe will result in resubmitted.

• Favorable-5 year NACI- Upon completion of OPM investigation and final favorable Suitability Determination by DHS/FPS, the contractor will receive notification from the GSA Requesting Official of their NACI clearance.

3. In the event the contractor receives an Unfavorable or Clarification suitability any inconsistencies by providing additional supporting documentation to the

C. (E-QIP)Long Term Contractor- U.S. or Naturalized Citizen or Non- U.S.

Citizen legally residing in U.S. for more than 3 consecutive years: A non-federal employee or individual engaged to perform work for the federal government, in or on Federal Premises on a recurring basis requiring a duration of 181 calendar days or greater. They must meet HSPD-12 requirements and receive a favorable NACI suitability determination. The following process must be followed:

1. The GSA Requesting Official completes CIW sections 2 through 4 and then transmits CIW to the contractor to complete(Note: Do not Fax CIW to Contractor due to document information legibility for E-QIP invitation processing). The contractor completes section 1 of the CIW and returns back to the GSA Requesting Official in a sealed envelope with the contractor’s last name, first name, middle name, last four numbers of their SSN and the company name (Note: Do not have Contractor Fax CIW to GSA Requesting Official due to document information legibility for E-QIP invitation processing). The GSA Requesting Official completes a typed GSA Transmittal: Contractor Suitability Request Form along with the CIW and forward the documents in a sealed envelope via overnight mail or hand deliver to:

GSA Regional Credentialing Office (RCO) Attn: Michael Stec Thomas P. O’Neill Jr. Federal Building 10 Causeway Street, Room 1010 Boston, MA 02222-1077

2. Packages sent by overnight mail require a signature of receipt. Hand delivered packages shall be marked confidential.

3. DHS/FPS will initiate and invite the contractor to complete the SF-85P via E- QIP with an email to their respective address as listed in Section 1 of the CIW.

Once invited, the contractor has 14 calendar days to complete E-QIP or the system will cancel the invitation. If canceled, DHS/FPS will notify the applicant and restart the process. Failure of the Contractor to comply will result in a delay for this person to perform work on the project.

4. Upon the contractor’s completion of the online application via E-QIP, the contractor is required to perform the following:

a. Print the SF-85P and transmit the last 3 signature/release pages, with original signatures and date. Photocopies of signatures will not be accepted. It is recommended that the contractor keep a copy of their complete printed SF-85P package for their records in case of clarifications.

b. Two sets of DHS/FPS FD 258 (Fingerprint Cards)

c. A copy of two documents that establishes “proof of identity” as listed on page 2 of the Form I-9 Employment Eligibility Verification.

d. The contractor will forward the documents listed in a, b and c above to the GSA Requesting Official in a sealed envelope with the contractor’s last name, first name, middle name, last four numbers of their SSN and the company name.

5. Suitability Determinations may be either:

frequently based upon an incongruity between the forms submitted by the contractor and the law enforcement checks. The contractor may appeal this decision within 30 days. All appeals on an Unfavorable provide additional information in order to complete the background

DHS/FPS illegible letter through the GSA Requesting Official to the GSA Regional Credentialing Office (RCO) within 15 days of the notification. Failure to resubmit within the above timeframe will result in resubmitted.

• Favorable-5 year NACI- Upon completion of OPM investigation and final favorable suitability determination by DHS/FPS, the contractor will receive notification from the GSA Requesting Official of their NACI clearance.

6. In the event the contractor receives an Unfavorable or Clarification suitability any inconsistencies by providing additional supporting documentation to the

7. A contractor who has received either a Pre-Favorable or Favorable 5-Year suitability determination can be employed region-wide as long as their respective NAC or NACI has not expired. A NAC is valid for 180 days based upon the date of the DHS/FPS suitability determination letter and a NACI is valid for 5 years based upon the notification date from the RCO to the GSA Requesting Official on the contractor suitability determination.

A. E-QIP (Electronic Questionnaires for Investigations Processing): An Office of Personnel Management (OPM) online Web-based system application that houses an electronic version of the Standard Form 85P (SF-85P).