Exhibit_2_Security_Clearance_Procedures.pdf

Exhibit 2

SECURITY CLEARANCE REQUIREMENTS (UNCLASSIFIED CONTRACT

Clarification of Notice to Proceed – “Notice to Proceed (NTP)” is the authorization for Contractor employee(s) to access GSA controlled space and to start work after meeting the Government’s clearance and acceptance

SECURITY REQUIREMENTS

A. Identification/Building Pass.

The Contractor shall ensure that every new employee has an occupant agency/Contractor identification/building pass before the employee enters on duty. The Contractor and the Contracting Officer's Representative shall authorize each pass issued. The Contractor shall see that all passes are returned to the Contracting Officer's Representative as his employees are dismissed or terminated, and when the contract expires. All passes must contain an expiration date.

The Contractor shall require that all employees display at all times their passes during duty hours and show them upon request. The Contracting Officer's Representative or other Government personnel designated by him shall periodically verify the passes of Contractor employees with their personal identification.

The Contractor shall make his employees available for photo identification badges, when required by the Government, on a schedule to be worked out with the Contracting Officer's Representative. The Government will make the badges after a favorable security report has been received on the Contractor employees. Occupant agency personnel will take the pictures and furnish the equipment and material to make the identification badges. Contractor employees shall sign each badge at the time of photographing. The Contractor shall see that all badges are returned to the Contracting Officer's Representative when employees are dismissed or terminated. The Contractor will notify the Contracting Officer's Representative when employee badges are lost. It will be the responsibility of the Contractor to pay for replacement badges.

B. Clearances.

The Government will have full and complete authority over granting, denying, withholding, or terminating clearances for contract employees. The Government may authorize and grant temporary clearances to employees. However, the granting of a temporary clearance shall not be considered assurance that full clearance will follow. The granting of either temporary or permanent clearance shall in no way prevent, preclude, or bar the withdrawal or termination of any such clearance by the Government

C. Security Clearance Requirements (Non-Classified Contract). Unless otherwise specified, the Contractor will submit to the Contracting Officer’s Representative (COR) upon hire, HSPD-12 Contractor Suitability Information Worksheet (CIW) of each individual who will be working under the contract. These Government furnished forms will be submitted for new and replacement employees before entrance on duty. Contract employees that fail to submit all the required documents and are found working at a GSA facility will be immediately removed from the facility until all of the required documents have been submitted.

A notice to proceed, or its equivalent, shall not be issued until satisfactory quality control plans, maintenance schedules, and security clearance information are provided and found acceptable by the Contracting Officer or an authorized representative. Contract employees who have not received security clearance shall not be allowed to work in federally occupied space.

The Federal Protective Services (FPS) will conduct a background check utilizing the National Agency Checks with Written Inquiries (NACI) to determine the existence of a criminal record once the FPS HSPD-12 Contract Info Worksheet is received and reviewed for accuracy and completeness. Upon receipt of the FPS HSPD-12 Form, the FPS staff will conduct the appropriate Background investigation. If no negative information is received, FPS will enter the Contractor's into the e-QIP system for processing. The Contractor will receive an e-mail notification to access the internet and logon to e-Qip and complete the indicated security forms.

The Contractor will have 7 working days to enter e-Qip and fill out all necessary forms. Upon completion of the forms and e-QIP acceptance of the forms, the system will generate a general release form, a medical release form and an e-QIP Investigation # attached. The Contractor will sign the release form and together with two (2) copies of completed fingerprint cards, and a copy of (2) picture ID's. Fingerprint results should take 3-5 days to be completed and results provided to Credentialing Official at NCR.

The contract employee may start work on a GSA contract while awaiting NIA clearance if escorted or their work is limited to public areas and normal public access times. Until a “Suitable” NACI determination has been made, the contract employee must submit to the security check access procedure that is in place at the facility where the employee is working.

GSA will not provide the employee with an access badge, until the “Suitable” NACI has been received.

If Federal Protective Service personnel receive evidence of disqualifying criminal history information, they will immediately advise the COR that the employee has received an “Unsuitable” NACI. The COR will advise the contract employer that the employee is “Unsuitable” and a Notice of Final Adjudication determination must be rendered. Until that check is completed, the individual in question will not be allowed access in the Federal building as a GSA contract employee.

A person who receives an “Unfavorable” Notice of Final Adjudication determination will be provided a reasonable time (30 days) to challenge the accuracy of the information contained in the FBI criminal history records; past employment history and/or State criminal history repositories; or to provide additional facts, proof and supporting documents outlining any mitigating circumstances affecting any information maintained in the criminal history records.

During the 30 days the person will not be allowed access to the building.

All contract employees that receive a “Favorable” Notice of Final Adjudication receive a clearance valid for five (5) years from the Notice of Final Adjudication date. Contract employees cleared through this process while employed by a Contractor who is subsequently replaced by another Contractor shall only be required to submit another set of clearance forms if the employee has not been cleared within the last five years, or if required by the Contracting Officer's Representative.

In emergency situations, such as when a replacement is needed for a long-term contract employee, due to illness or other unforeseen events, a substitute contract employee may be granted access to the facility. The Manager must ensure that the employee is escorted while they are performing their assigned contract duties or their work is limited to public areas and normal public access times, until the new employee has received a “Suitable” NACI clearance.

D. Unsuitable Employees If the Government receives an unsuitable report on any prospective Contractor employee, or if the Government finds a prospective Contractor employee to be otherwise unsuitable or unfit for his assigned duties, the Contractor shall be advised immediately by the CO that such employee will not be allowed to work under this contract. The Contractor must then take action immediately to relieve the employee of all duties and responsibilities related to this contract and return his Identification Credentials, if such credentials were issued. The contractor will not be compensated for such actions. Unsuitable contract employees may be escorted off Federal property by DHS/ICE/FPS or other law enforcement entities depending on the reason for the unsuitable determination.

E. Site-Specific Requirements Specific federally-controlled facilities or those areas located within a given facility may have additional security clearance requirements in addition to those cited above. These will be specified by the Government through the CO or designated representative.

F. Prior Clearances and the Re-Clearance Process All contract employees are required to be cleared every 5 years and favorable contract employee background investigations are good for 5 years. If anytime during a 5 year period, a cleared contract employee is to work on a different contract that they were previously cleared to work on, then the original clearance notices must be submitted by the CO or his representative to DHS/ICE/FPS to update contract and clearance information. During the 5 year period, unless specifically requested to do so by the CO or designated representative, no further forms or information will be required from the contractor. However, if threat levels or security conditions change during the cleared period, access and clearance requirements may change with limited advanced notice which may require previously cleared Contractor employees to have clearances updated, renewed, or reprocessed.

G. Tenant Agency Security Requirements The Contractor shall comply with all GSA security requirements herein and also those of tenant agencies in the building where work is being performed (agency space) which must be accessed in the performance of work. The Contractor shall be responsible for coordinating with tenant agencies and providing all information required of him/her or his/her employees for performance of work in, or around, the agency’s space. All tenant security requirements must be met, or employees cleared by the agency, prior to the Contractor performing work in, or around, the agency’s space. Employees that do not meet security requirements or clearance requirements will not be allowed to work in, or around, the tenant agency space. Certain agencies will require that employees be escorted and/or that work only be performed during normal duty hours of the tenant agency.

When a controlled personnel identification system is used by a tenant agency at a site where work is performed, the tenant agency will provide the identification. Each employee of the Contractor must have in his/her possession while on the premises the identification issued by the Government agency. The identification shall be displayed at all times or as required by the agency. The Contractor shall insure that all Government identifications are returned to the issuing agency when employees are terminated or upon expiration of the contract.

H. Identification Credential A. Upon receipt of favorable suitability determination as indicated herein, each employee of the Contractor will be issued an identification credential. At all times while working on the contract a Contract employee, including subcontractor employees, must have in his/her possession the specific Government identification credential issued to them by the Government. The identification credential shall be displayed and be visible at all times while on Government property. The COR, GSA personnel designated by him/her, Government law enforcement, or security personnel shall periodically verify passes of Contractor employees with their personnel identification. Contractor employees shall comply with security verification procedures at all times.

B. The Contractor shall see that every contract employee has a Government issued identification credential before the employee enters on duty. As required by the Government, the Contractor shall make his employees available for photo identification badges, on a schedule to be worked out with the Contracting Officer’s Representative. The Government will make the identification credentials badges after a favorable security determination has been received for the Contractor’s employees. Each identification credential shall have an expiration date and Contractor employees shall sign each badge at the time of photographing.

C. The Contractor shall be responsible for ensuring that all identification credentials are returned to the Contracting Officer's Representative as his employees leave the contract (contract is completed, employees leave employment of the company, employees are dismissed or terminated). The Contractor will notify the Contracting Officer’s Representative when employee badges are lost.

D. The Contractor will be responsible for paying the Government for replacement credentials at the current cost per badge.

I. Escort Requirements

It may be necessary to escort temporary contract employees that do not have favorable preliminary or final suitability determinations and must work in Federally-controlled space. In those cases, ALL uncleared contract employees must be escorted in non-public space by a Government employee or another responsible cleared contract employee that is approved by the Contracting Officer or his/her designee. Other Government agencies may have specific agency security requirements for their own space that may only allow escort by Government employees or those designated by their agency. Government employees or approved cleared contract employees that provide escorts for uncleared contract employees must always be in close proximity and eyesight of the uncleared contract employee. The contract escort must watch uncleared employees and remain with uncleared contract employees for the entire time they are in the building and/or Federally-controlled space. An uncleared employee can not be left alone or out of eyesight at anytime they are in non-public space. A cleared and approved escort may not bring several uncleared contract employees, into Federally-controlled space, that are not within close proximity or eyesight at all times. A cleared and approved escort may not have multiple uncleared employees in non-public space on different parts of one floor or different floors at the same time. Any security violation of escort requirements by a cleared and approved contract employee will result in immediate removal from the contract of all contract employees involved, i.e., escorts and uncleared escorted contract employees. Also, violations of escort requirements by contract employees in accordance with security requirements may be grounds for termination of the contract.

J. Standards of Conduct The Contractor shall be responsible for maintaining satisfactory standards of employee competency, conduct, appearance, and integrity and shall be responsible for taking such disciplinary action with respect to his employees as may be necessary. The Contractor is responsible for ensuring that his employees do not disturb papers on desks, open desk drawers or cabinets, or use Government telephones, except as authorized. Each employee is expected to adhere to standards of behavior that reflect favorably on his/her employer, and the Federal Government. No smoking is allowed in the building.

K. Removal from Contract Work Under the following conditions, the Contracting Officer or his/her representative may request the Contractor to immediately remove any employee(s) from the work site. When the Government determines such employee to be: incompetent, careless, insubordinate, unsuitable or otherwise objectionable; or whose continued employment the Government deems contrary to the public interest, inconsistent with the best interests of security, or is identified as a potential threat to the health, safety, security, general well being or operational mission of the facility and its population.

The Contracting Officer may also request the Contractor to immediately remove any employee(s) from the work site(s) should it be determined that individuals are being assigned to duty who have been disqualified for either suitability or security reasons, or who are found to be unfit for performing duties during their tour(s) of duty.

Contractor employees who are removed from contract work shall be required to leave the work site immediately.

The Contractor must comply with any removal request. For clarification, a determination to remove an employee will be made for, but is not limited to, incidents involving the most immediately identifiable types of misconduct or delinquency as set forth below:

A. Failure to receive a suitability determination, temporary clearance, or clearance from GSA or a tenant agency.

B. Violation of Federal, State, or local law.

C. Violation of the Rules and Regulations Governing Public Buildings and Grounds, 41 CFR 101-20.3. This includes the carrying or possession of explosives, or items intended to be used to fabricate an explosive or incendiary device.

D. Neglect of duty, including sleeping while on duty, unreasonable delays, or failure to carry out assigned tasks, conducting personal affairs during official time, refusing to render assistance, or cooperate in upholding the integrity of the security program at the work site.

E. Falsification or unlawful concealment, removal, mutilation, or destruction of any official documents or records, or concealment of material facts by willful omissions from official documents or records.

F. Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words or actions, fighting, or participation in disruptive activities, which interferes with the normal efficient operations of the Government.

G. Theft, vandalism, immoral conduct, or any other criminal actions.

H. Selling, consuming, or being under the influence of intoxicants, drugs, or substances which produce similar effects while in or on Federally-controlled property.

I. Improper use of Government identification.

J. Unauthorized use of communication equipment on Government property.

K. Violation of security procedures or regulations.

L. Violation of Title 18, U.S.C., Section 930, which prohibits the knowing possession or the causing to be present of firearms or other dangerous weapons in Federal facilities and Court facilities.

The Contracting Officer will make all determinations regarding the removal of any employee(s) from work site(s), except under certain conditions. When a Contracting Officer is not available, either during the day or after hours, or in situations where a delay would not be in the best interest of the Government or is identified as a potential threat to the health, safety, security, general well being or operational mission of the facility and its population, the Contracting Officer’s Representative will have the authority to immediately remove the contract employee from the work site.

Law enforcement officers of the DHS/ICE/Federal Protective Service will have the authority to immediately remove any contract employee from the work site who is found to be in violation of any of the items mentioned above and where a delay in removal would not be in the best interest of the Government, security, or is identified as a potential threat to the health, safety, security, general well being or operational mission of the facility and its population. The Contracting Officer will be notified as soon after the incident as practical or at the beginning of the next business day if an action happened after hours. The Contracting Officer will make all official notifications to the Contractor. In the event of a dispute, the Contracting Officer will make a final determination. Specific reasons for removal of an employee(s) will be provided to the Contractor in writing.

The Contractor is responsible for providing replacement employees in cases where contract employees are removed from working at the work site or on the contract.

L. Sensitive But Unclassified (SBU) Building Information A. GSA Contractors that do not have HSPD-12 compliant clearances can not obtain Sensitive But Unclassified (SBU) information (Privacy Act data, building information, and financial information) through GSA’s IT systems.

B. Contractors and prospective bidders with a need to know, that do not have HSPD-12 clearances and access rights to GSA IT systems, can be provided SBU building information, drawings, etc., in accordance with GSA Order 3490.1 that provides for the dissemination of paper and electronic SBU building information for all Federally-controlled space (owned, leased and delegated).

C. SBU information includes but is not limited to:

1. Paper and/or electronic documentation of the physical facility information

2. Building designs (such as floor plans)

3. Construction and renovation/alteration plans and specifications

4. Equipment plans and locations

5. Building operating plans

6. Information used for building service contracts and/or contract guard services

For all GSA controlled facilities, any other information considered a security risk, shall be considered covered under this category.

D. All SBU building information, either in electronic or paper formats, shall have specific imprinting on each page to designate it is Government property and indicate the prohibition of copying, dissemination, and distribution E. Contractors authorized to receive SBU information shall provide the following identification:

1. A copy of a valid business license

2. Verification of a valid DUNS Number

3. A Valid IRS Tax ID Number

4. A Valid picture state driver’s license

F. Contractors shall sign a Document Security Notice when they receive the information.

G. Contractors shall be responsible for safeguarding SBU information. At the completion of work, secondary and other disseminators shall be required to turn over their Document Security Notice dissemination records to GSA to be kept with the permanent files.

H. Authorized contract users shall destroy all SBU information and documents when no longer needed. Destruction shall be done by burning or shredding hardcopy, and/or physically destroying CD’s, deleting and removing files from the electronic recycling bins, and removing material from computer hard drives using a permanent erase utility or similar software.

I. All authorized contract users of SBU building information shall notify the GSA Disseminator in writing that they have properly disposed of the SBU building information/documents.

J. The GSA Disseminator shall maintain all records of SBU building information disposal (along with the signed Document Security Notices) pursuant to the GSA system of keeping long-term records and plans. All Document Security Notices and Records of Disposals shall be kept with the permanent files.

M. Camera/Video Devices All Contract employees are prohibited while working in agency space to carry any camera/video device (e.g. camera cell phones). If there is a requirement for use of such a device in agency space, it shall be requested and coordinated through the Contracting Officers Representative

(COR).

N. STANDARDS OF CONDUCT

The contractor shall be responsible for maintaining satisfactory standards of employee competency, conduct, appearance and integrity and shall be responsible for taking such disciplinary action with respect to his employees as may be necessary. The contractor is also responsible for ensuring that his employees do not disturb papers on desks, open desk drawers or cabinets or use Government telephones, except as authorized.

O. SUBCONTRACTING

The contractor, may at his option, perform all basic work required by the contract with his own personnel.

P. CONTRACTOR'S REPRESENTATIVE

Five days after the contract starting date, the contractor shall submit to the Contracting Officer a written notice designating a representative at the site of the building to whom all notices issued by the Government may be delivered or mailed, including notices required under the contract for nonperformance of work, deficiencies in work performed or for failure to furnish the required man-hours.

Q. ORDINANCES, TAXES, PERMITS AND LICENSES

Without additional expense to the Government, the contractor shall fully comply with: (a) all local, city, state and federal laws, regulations and ordinances, (b) be liable for all applicable federal, state and local taxes and (c) obtain and pay for all permits and licenses governing performance under the contract.

R. GOVERNMENT FORMS

The various Government forms mentioned in this solicitation such as personal history forms, pass forms, sign out forms, inspection forms, etc., may be obtained from the Field Office Manager and/or Contracting Officer’s Representative, shown in Section E.

S. OTHER CONTRACTORS

The Government may undertake or award other contracts for additional work, and the contractor shall fully cooperate with such other contractors and/or Government employees. The contractor shall carefully schedule his own work, in conjunction with the additional work, as may be directed by the Contracting Officer’s Representative. In addition, the Contractor shall not commit or permit any act which will interfere with the performance or work by another contractor, or by Government employees.

T. DISCREPANCY IN THE SPECIFICATIONS

In any case of discrepancy in the specifications, the matter shall be immediately submitted to the Contracting Officer, without whose decision said discrepancy shall not be adjusted by the contractor, shall be only at his own risk and expense. The decision of the Contracting Officer as to the proper interpretation of the specifications shall be final and conclusive on the parties hereto subject only to appeal as provided in the “Disputes” clause of this contract. When there is any conflict between the various printed forms and other written terms, conditions, supplements, etc., the latter will govern.

U. SUBMITTALS

Five days prior to contract starting date submit the following to the POC for approval:

1. A list of the names, telephone numbers, and addresses of on-site supervisors.

2. Complete quality control program (QCP) to assure the requirements of the contract are met.

V. Federal Requirements All chemicals used will be those commercially available which meet Federal, State, and local codes and which have been approved by the Point of Contact (POC). Information can be obtained from Federal, State, and local agencies concerning safe chemical cleaning materials.

The contractor shall use products made with recycled materials to the greatest extent possible.

Preference should be given to concentrated cleaning chemicals which use ecologically sound packaging, and are phosphate-free, non-corrosive, non-flammable, and fully biodegradable.

The use of caustics (acid-based cleansers) will not be approved. Materials or supplies shall not be used in performance under this contract (or placed or stored on Government property) until the applicable Material Safety Data Sheets (MSDS) for all chemicals and hazardous materials

(products containing CAUTION or WARNING labels) have been furnished to the POC. No item containing a CAUTION or WARNING label will be added to the contractor's products list until the POC has given verbal approval for its addition.

The contractor shall not use any material which the POC determines would be unsuitable for the purpose or harmful to the surfaces to which applied. Costs for correcting damage caused by misused materials will be borne by the contractor