ESC Security Requirements EO12989 - USC.rtf

Amended June 11, 2008 Attachment:

EASTERN SERVICE CENTER SECURITY CLEARANCE DIRECTIVE AND EXECUTIVE ORDER 12989

H.1 CLEARANCE OF PERSONNEL:

(1) Receipt of Forms: Upon receipt of contract award the Contractor shall request from the Contracting Officer's Representative (COR) packets containing the following forms in sufficient quantities to cover all prime and sub-contractor employees requiring access to the project site:

Two (2) form #FD‑258, "Fingerprinting Charts"

One (1) form SF-85P, "Statement of Personal History”

The contractor shall request packets for those officers of the firm, who for any reason, may visit the work site during the period of this contract, for all employees who will require access to the building in performance of the contract work, and for all sub-contractor employees who will require access.

Throughout the duration of the Contract request for packets for replacement employees shall follow these same directions.

(2) Submission of Forms. Unless otherwise specified, to obtain clearances for personnel, the contractor shall submit to the COR, no later than fourteen (14) calendar days prior to the starting date of the contract site work ("Notice to Proceed"), the two (2) completed forms FD‑258, "Fingerprinting Charts", and one (1) SF- 85P, "Questionnaire for Public Trust Position” for each individual as stated above. It is the prime contractor's responsibility to assure that all submitted forms and fingerprints are complete, accurate, and in sufficient detail to begin the Government's security clearance process. Delays caused by insufficient data or unusable fingerprinting shall be considered the Contractor's responsibility and said delays will not change or extend the contract completion date.

(3) Unsuitable Employees. If the Contracting Officer receives an unsuitable report on any employee after processing of these forms, or if the COR finds a prospective employee to be unsuitable or unfit for his assigned duties, the contractor shall be advised immediately by the Contracting Officer that such employee cannot continue to work or to be assigned to work under the contract. The contractor must then take action to remove the employee from the GSA contract.

(4) Criteria for Eligibility. The principal factors used in the adjudication process in determining whether a person’s conduct would be expected to interfere with the ability of the applicant(s) to function in the position, or if the applicant’s past conduct was such that the safety of Federal employees and/or visitors to delegated an/or GSA-controlled facilities would be in jeopardy, are outlined below:

(a) Any type of misconduct or negligence in prior employment which would have an effect on the quality of security and protection provided to customer agencies, or prior conduct which would interfere with and/or prevent a Federal agency from carrying out its operational responsibilities;

(b) Criminal or dishonest conduct related to the duties to be assigned to the applicant/employee and/or the performance of such duties. The following crimes are acts which could disqualify prospective or regular employees:

(5) Prior Clearance. Employee clearances obtained through this process are valid for a period of five (5) years. When such prior clearances are due to expire within the performance period of the contract, contractors are responsible for timely resubmission of all information necessary to apply for a new clearance.

(6) Government Control. The Government shall have and exercise full and complete control over granting, denying, withholding or terminating clearances for employees. The Government may, as it deems appropriate, authorize and grant temporary clearance to employees of the contractor. However, the granting of a temporary clearance to any such employees shall not be considered as assurance that full clearance will follow as a result of condition thereof, and the granting of either temporary or full clearance shall in no way prevent, preclude or bar the withdrawal or termination of any such clearance by the Government.

H.1.2 IDENTIFICATION/BUILDING PASS:

(1) Issuance of Passes. The contractor shall see that every new employee has a GSA/contractor identification/building pass before the employee enters on duty. GSA personnel, designated by the COR, shall furnish and fill out these passes using GSA Form 15, "Building Pass". The contractor and the COR, or the designated representative of each, shall sign each pass issued. All passes must contain an expiration date.

(2) Scheduling of Appointments. Once clearance has been received by the appropriate General Services Administration project office, individuals seeking clearance will be notified by the Government. At that time, individuals shall schedule appointments to obtain passes with GSA during the following office hours:

Monday 9:00 A.M. - 12:00 Noon

Wednesday 1:00 P.M. - 4:00 P.M.

Friday 9:00 A.M. - 12:00 Noon

Shall make appointment for processing of badges as follows:

For Boise and Baker City Area -- Ms. Dawn Anderson (Boise Office, #208-334-1241) For Spokane, Moscow, Laurier and Lewiston Area -- Ms. Alicia Havner (Spokane Office, #509-353-0574 For Wenatchee, Yakima and Richland -- Ms. Sandy Gilchrist (Richland Office, #509-372-1100

(3) Contractor’s Responsibilities. The contractor shall see that all employees carry their passes with them during hours and show them upon request. The COR or other GSA personnel designated by him shall periodically verify passes of contractor employees with their personal identification. The contractor shall also see that all passes are returned to the COR as his employees are dismissed or terminated, and when the contract expires.

(4) Photo 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 COR. The badges will be made by the Government after a favorable security report has been received on the contractor's employee(s). GSA personnel will take the picture 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 issue the badges to the employee(s) each day as they report for work and shall collect the badges at the end of the work shift before the employee leaves the building. The Contractor shall see that all badges are returned to the COR when employees are dismissed or terminated. The Contractor will notify the COR when the employee badges are lost. It will be the responsibility of the contractor to pay for replacement badges at the rate of $2 per badge.

NOTE: The use of the photo-identification badge(s) will be at the option of the Government, and may be used in lieu of the GSA Form 15, "Building Pass", as described in Paragraph A.2.(1) above.

H.1.3 FAR 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (SEPT 2007)

(a) The Contractor shall comply with agency personal identity verification procedures in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24 and Federal Information Processing Standards Publication (FIPS PUB) Number 201

(b) The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system.

H.1.4 GSAR 552.237-70 QUALIFICATOINS OF OFFERORS (MAY 1989)

(a) Offer will be considered only from responsible organizations or individuals now or recently engaged in the performance of building service contracts comparable to those described in this solicitation. In order to determine an Offeror's qualifications, the Offeror may be requested to furnish a narrative statement listing comparable contracts which it has performed; a general history of its operating organization; and its complete experience. An Offeror may also be required to furnish a statement of its financial resources; show that it has the ability to maintain a staff of regular employees adequate to ensure continuous performance of the work; and, demonstrate that its equipment and/or plant capacity for the work contemplated is sufficient, adequate, and suitable.

(b) Competency in performing comparable building service contracts, demonstration of acceptable financial resources, personnel staffing, plant, equipment, and supply sources will be considered in determining whether an Offeror is responsible.

(c) Prospective Offerors are advised that in evaluating these areas involving any small business concern(s), any negative determinations are subject to the Certificate of Competency procedures set forth in the Federal Acquisition Regulation.

H.1.4 GSAR 552.237.71 QUALIFICATONS OF EMPLOYEES (MAY 1989)

(a) The Contracting Officer or a designated representative may require the Contractor to remove any employee(s) from GSA controlled buildings or other real property should it be determined that the individual(s) is either unsuitable for security reasons or otherwise unfit to work on GSA controlled property.

(b) The contractor shall fill out and cause each of its employee performing work on the contract work to fill out, for submission to the Government, such forms as may be necessary for security or other reasons. Upon request of the Contracting Officer, the Contractor and its employees shall be fingerprinted.

(c) Each employee of the Contractor shall be a citizen of the United States of America, or an alien who has been lawfully admitted for permanent residence as evidenced by Alien Registration Receipt Card Form I-151, or, who presents other evidence from the Immigration and Naturalization Service that employment will not affect his immigration status. and eligible to pursue employment in the United States.

H.5 SUITABILITY DETERMINATION

(a) All contract employees requiring routine unescorted access to Federally-controlled facilities and/or information systems for more than 6 months (Regular Employees) will be required to undergo a suitability determination before a facility identification card is issued. Prior to the time that an identification card is issued, such Regular Employees will be required to comply with normal facility access control procedures, including sign-in, temporary badging, and escorted entry, as applicable.

(b) Failure of a Regular Employee to receive a favorable suitability determination shall be cause for removal of the employee from the work site and from other work in connection with the Contract.

(c) Contract employees working less than 6 months (Temporary Employees) may, at the Government's option, be required to undergo a lesser form of suitability determination. Prior to the time that an identification card is issued, if at all, such Temporary Employees will be required to comply with normal facility access control procedures, including sign-in, temporary badging, and escorted entry, as applicable.

(d) Temporary Employees who have not received a favorable suitability determination shall be escorted at all times while in non-public space, as directed by the Government.

(e) The Government, at its sole discretion, may grant temporary suitability determinations to Regular or Temporary Employees. However, the granting of a temporary suitability determination to any such employee shall not be considered as assurance that a favorable suitability determination will follow.

(f) The Contracting Officer or his/her designated representative shall provide the Contractor with required forms for obtaining necessary clearances. The Contractor shall be required to cause such forms to be returned to the Government for processing not later than 14 days following being provided by the Government.

(g) The Contractor shall be responsible for planning and scheduling its work in such a manner as to account for facility access issues. Difficulties encountered by the Contractor in gaining access to facilities by its employees and subcontractors shall not be an excuse to any Contractor performance under the Contract.

H.6 COMPLIANCE WITH SECURITY REQUIREMENTS

(a) The Contractor shall comply with all GSA and tenant agency security requirements in the building(s) where work is being performed.

(b) When a controlled personnel identification access system is used by a tenant agency at a site where work is performed, the tenant agency will be responsible for providing any required access credentials. Credentials shall be displayed at all times or as otherwise required by the tenant agency.

H.7 IDENTIFICATION CREDENTIAL

(a) Upon receipt of a favorable suitability determination, each Regular or Temporary Employee shall be issued an identification credential (Credential) permitting regular access to the building(s) were work is being performed.

(b) Regular or Temporary Employees with Credentials shall be required to comply with all applicable access security screening procedures applicable to Government or other personnel possessing similar Credentials.

(c) All Contractor or subcontractor employees possessing Credentials shall visibly display their Credentials at all times while in the building(s) where work is being performed.

(d) The Contractor shall be responsible for ensuring that all identification credentials are returned to the Government when a particular Contractor or subcontractor employee will no longer be providing service under the Contract at the building(s) covered by the Credential.

(e) The Contractor will notify the Government when Credentials are lost. In that event, the Contractor will be responsible for reimbursing the Government for its cost in issuing a replacement Credential.

H.8 STANDARD 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 its employees as may be necessary.

H.9 REMOVAL FROM CONTRACT WORK

(a) As provided in the clause entitled "Qualifications of Employees", the contracting officer or a designated representative may require the Contractor to remove any employee(s) form GSA controlled buildings or other real property should it be determined that the individual(s) is either unsuitable for security reasons or otherwise unfit to work on GSA controlled property. This shall include, but not be limited to, instances where an employee is determined, in the Government's sole discretion, to be incompetent, careless, insubordinate, unsuitable or otherwise objectionable.

(b) A contractor employee may also be removed where the continued employment of the contractor employee in connection with the Government work is deemed, in the Government's sole discretion, contrary to the public interest, inconsistent with the best interests of security, or a potential threat to the health, safety, security, general well being or operational mission of the facility and its population.

(c) When a contractor employee is granted a temporary suitability determination, and an unfavorable final suitability determination is later rendered, the Government may insist on the employee's removal from the work site and from other work in connection with the Contract.

(d) The Contractor shall be responsible for providing replacement employees in cases where contract employees are removed.

H.9 Sensitive But Unclassified (SBU) Building Information Dissemination of sensitive but unclassified paper and electronic building information shall be made on a "need to know" basis in accordance with GSA Order PBS P 3490.1. Among other things, that Order requires that SBU building information be properly labeled, and that the recipient executes a Document Security Notice.

H.10 Executive Order: Amending Executive Order 12989 (EO 12989) – Economy and Efficiency in Government Procurement Through Compliance With Certain Immigration and Naturalization Act Provisions, As Amended Contractors shall comply with the terms and conditions EO 12989 as Amended through June 8, 2008. Request a copy form the Contracting Officer. All terms and conditions of MATOC contract apply to this requirement.