Attachment 3- Security Requirements.doc

Federal Law Enforcement Training Center

Solicitation HSFLGL-10-R-00004

Glynco, GA

Janitorial Services

Attachment 3 PHYSICAL and PERSONNEL SECURITY REQUIREMENTS

General Requirements

(a) Prime Contractors (PC) and all personnel employed by the PC, including subcontractors, in the performance of this contract, or any representative of the PC entering the Federal Law Enforcement Training Center (FLETC) shall abide by all FLETC security regulations which may be in effect during the contract period. Any such individual(s) shall be subject to those security inspections which may be deemed necessary by the FLETC to ensure that no security violations occur during the course of the contract. It shall be the PC’s responsibility to ensure that each applicant who is expected to be employed on FLETC facilities or that requires routine access to FLETC facilities shall provide specific information on specific forms in order to undergo a suitability background investigation which will be either a fingerprint check, a National Agency Check with Written Inquiries (NACI) or a Minimum Background Investigation (MBI) and when deemed necessary, a security background investigation that will be conducted by the Defense Industrial Security Clearance Office (DISCO) . These investigations are required for suitability for employment as a FLETC contractor employee and a security clearance respectively (if cleared contract required).

(b) The FLETC reserves the right and prerogative to deny and/or restrict facility and information access of any Contractor employee whose actions are in conflict with the standards of conduct, 5 CFR 2635.

(i) At the discretion of the Chief Security Officer (CSO), and in accordance with the Draft FLETC Manual 71-01, Access Control, paragraph 6, c, (1), (a), an individual can be denied access to FLETC facilities. Examples of offenses which prevent access to the FLETC include, but are not limited to: any felony conviction within the last six years; any misdemeanor conviction of a serious nature within the last three years, multiple misdemeanor convictions within the last six years, an active "habitual offender" classification for any violation of the law, any conviction for drug sales and trafficking activity, violence against LEOs, disdain of legal authority, violations of moral turpitude (e.g., child brutality, child molestation, rape, wrongful death of another, etc.), other crimes of violence, an active arrest warrant for any of the aforementioned crimes, and/or past incidents that would reflect badly on the FLETC in the eyes of the public or that would otherwise pose a threat to the safety and security of FLETC personnel or property.

(ii) PCs shall report to the CSO any adverse information coming to their attention concerning their contractor employees during the course of the contract. The report shall include the employee’s name and social security number. If this information results in the subsequent termination of the employee’s access to the FLETC, it does not obviate the requirement to submit this report.

(c) Costs, delays and other hardships that result from a contractor employee being denied access to the FLETC shall be borne entirely by the PC. Denial of access for any contractor employee to the FLETC by the CSO shall not be subject to the Contract Disputes clause and cannot be the basis for any claim under the contract. FLETC security regulations regarding physical security access are found in the most recent revisions of the Draft FLETC Directive and Manual Number 71-01, Access Control; FLETC Directive Number 71.00B, Identification Badges, Credentials and Shields (1/11/06); and FLETC Directive Number 71-11, Building/Area Security and Access (2/2/06).

Access to FLETC Facilities by Contractor Employees

(a) Determination of a contractor employee’s physical security access requirements must be coordinated with the Contracting Officer. Contractor employees are subject to specific access requirements as defined herein.

(b) The PC shall manage the submission of their employees’ requests for background investigations, and shall conduct their own pre-screening to ensure not only that the application is complete, but also to pre-screen for suitability using the same standards the Government applies. Suitability factors are identified in the DHS Instruction Handbook 121-01-007 Suitability and Security Program. The contractor shall:

(i) Furnish to the prospective contractor employees under this contract the necessary forms to be completed to request access to the FLETC (Form I-9, OF 306, and SEM 17A);

(ii) Review the completed forms for completeness and accuracy; and

(iii) Submit completed forms to the Contracting Officer for processing.

(c) The PC and contractor employees that are to be employed on the FLETC in a national security position as identified by the FLETC Chief Security Officer (CSO) must be cleared contractors who have received their clearance from the DISCO. Both the PC and the PC’s employees must have clearances issued by the DISCO.

(d) All contractor personnel who are not temporary or intermittent and who work at the FLETC on a regular basis for greater than six months will be required to complete a Standard Form (SF) 85P Questionnaire for Public Trust Positions. The questionnaire must be completed using the Office of Personnel Management (OPM) Electronic Questionnaires for Investigation Processing (e-QIP) System. The SEM/PER will initiate the contractors into the e-QIP system using information provided on the SEM 17A. The contractor will then receive an e-mail message that provides information on accessing the OPM website and completing the electronic questionnaire. In order for the contractor to begin work, the SF 85P must be completed and electronically released to the SEM/PER. The SEM/PER will then release the SF 85P to the OPM for the background investigation.

(e) Positions identified by the CSO or FLETC Information System Security Manager (ISSM) as low, high or moderate risk for suitability for employment, the PC shall:

(i) Provide to the contracting officer a Form I-9, Employment Eligibility Verification, OF 306, Application for Federal Employment, and Badge Application Form for Contractors (Form FTC-SEM-017a) for each identified contractor employee. All forms must be completed in their entirety. The PC must submit the required forms at least 10 calendar days in advance of the contractor employee’s earliest proposed access to FLETC IT systems or facilities.

(ii) Upon notification from the FLETC Security staff, each contractor employee will be required to appear in person before an authorized FLETC representative for the purpose of verifying the individual’s identity in accordance with Homeland Security Presidential Directive (HSPD) Number 12, Policy for a Common Identification Standard for Federal Employees and Contractors. Verification of the contractor employee’s identity requires the individual to present, in person, (a) a picture identification card issued by either a state of the United States or the United States Federal government and (b) one other form of identification specified on Form I-9. Upon verifying the contractor employee’s identity, the contractor employee shall provide fingerprints and a photograph.

(iii) Following a favorably adjudicated background investigation, the FLETC will issue a Personal Identity Verification (PIV) Card to the employee that will enable appropriate access to the facility and IT systems. Such access will only be issued in accordance with FLETC Physical Security, Information Security and IT Security policies. Access to national security information only occurs in the event that the contractor has received a clearance from the DISCO.

(iii) At the discretion of the CSO and following the receipt of favorable National Agency Check (NAC), the FLETC may elect to approve temporary access to the facility for employees while the rest of the suitability investigation is being completed. If the NAC is not returned in five days from the time that the SEM/PER releases the electronic questionnaire to the OPM, the results of a fingerprint check can be used to allow the contractor to begin working.

(f) The PC, for contractor employees who will require access to the FLETC for more than 3 days, but less than 6 months, shall provide a completed OF 306 Form and FTC-SEM-017a. Sections A and B of the form must be completed in their entirety. FLETC requires that the form shall be submitted to the Contracting Officer a minimum of five business days in advance of the contractor employees’ first day of needed access. FLETC shall conduct background checks for access using the information provided. Upon notification from the FLETC Security staff, each contractor employee will be required to appear in person before an authorized FLETC representative for the purpose of verifying the individual’s identity. Verification of the contractor employee’s identity requires the individual to present, in person, (a) a picture identification issued by either a state of the United States or the United States Federal Government; and (b) one other form of identification as listed on the Form I-9. Upon verifying the employee’s identity, the contractor employee shall also have his or her photograph and fingerprints taken. Once the results of the fingerprints are received by the Security and Emergency Management Division (SEM) Personnel Security Program (PER) and successfully adjudicated, the contractor will be allowed to begin work.

(g) For contractor employees who will require access to the FLETC for up to five days, the Contractor shall request temporary or intermittent access to FLETC facilities per Draft FLETC Directive Number 71-01, Access Control. Such access is granted at the discretion of the CSO.

(h) Foreign national (FN) contractor employees who are temporary/intermittent and who have work related or may have inadvertent access to Sensitive but Unclassified (SBU) information are required to have a successfully adjudicated MBI prior to beginning work. SBU information includes but is not limited to: For Official Use Only (FOUO) information, Law Enforcement Sensitive (LES) information, and Sensitive Personally Identifiable Information (Sensitive PII). The cost of the investigation and adjudication shall be responsibility of the FN contractor employee or the PC employer.

Identification Badges and Vehicle Passes

(a) All individuals working on or requesting access to the FLETC must obtain authorization to enter the FLETC through the issuance of an appropriate FLETC identification badge or Personal Identity Verification (PIV) card. The FLETC badge/card or PIV card are required to be worn visibly on the outside clothing between the neck and waist displaying the photograph side of the identification badge at all times while on the FLETC premises. Lost or stolen identification documents must be immediately reported to the SEM Physical Security Program (PHY). Contractors who have undergone a background investigation conducted by the OPM (NACI or MBI) and successfully adjudicated by the SEM/PER will be issued a PIV identification card. All contractors who have not undergone a background investigation conducted by the OPM will be issued a FLETC identification badge/card.

(b) Vehicle passes are issued by the FLETC to those who need to operate and or park vehicles on FLETC property. Vehicle passes will only be issued to contractor employees for vehicles maintained in a safe operating condition. Those seeking to park or operate vehicles on the FLETC shall provide the following documents to the appropriate FLETC Security Office as directed in order to be issued a FLETC vehicle pass: Valid Driver's License; Valid Vehicle Registration Certificate; Proof of Insurance; and FLETC Identification Badge.

(c) A $10.00 replacement charge will be assessed against the contractor employee for each FLETC badge/card or pass that must be replaced for other than excessive wear, name change, or other reason approved by the SEM. The replacement charge for a PIV card is $25.00. Lost or stolen identification documents shall be considered to be within the control of the contractor employee. Replacement charges will be assessed and paid by the contractor employee prior to the replacement identification badge being issued.

(d) If a contractor employee resigns, is terminated, or denied access to the FLETC, voluntarily or otherwise, prior to contract completion, the bearer of the FLETC identification badge or PIV card and vehicle pass shall immediately surrender them to the PC. The PC shall return the contractor’s FLETC identification badge/PIV card vehicle pass to the SEM/PHY within three business days of the resignation, termination, or access denial. Failure to return the FLETC identification badge or PIV card will result in the PC being charged as proscribed in paragraph (c) above.

Completion of the Contract

(a) The PC shall be responsible for returning to the SEM all identification badges and vehicle passes issued under the contract no later than 7 business days after the final acceptance of the work by the FLETC. Final contract payment shall not be authorized until the FLETC has received all identification badges and passes which have been issued under this contract, including those issued to subcontractors. If the PC is unable to return all badges and passes issued, a charge for the missing documents will be assessed against the final payment as per the replacement costs described above.

(b) Before final payment is made, the Contracting Officer in conjunction with the SEM will review the number of badge applications submitted under this contract. If the number of contractor employees denied access to the FLETC because of the results of the background investigation exceed 8% of the total number of contractor employees requesting access to the FLETC, the contractor shall bear the cost for the background investigations for each denied background check above 8%. For FY2009, the cost of a basic suitability investigation is $121.00 and the cost of a moderate risk background investigation, Minimum Background Investigation, is $591.00. The PC will be informed regarding the level of investigation that applies to specific contractor staff position. This information is found in Section C of the solicitation/contract. The percentage to be borne by the PC for contractor employees denied access to the FLETC because of the results of the background investigation will be across the board for each type of investigation required above the 8%. The amount will be deducted from the contract total. The amount deducted from the contract total because of this action shall not be subject to the Contract Disputes clause and cannot be the basis for any claim under the contract.

Review of Access and Suitability Determinations

(a) Access Determinations. Access to classified national security information and the receipt of a security clearance will be in accordance with EO 12968, as well as all applicable Department of Homeland Security Management Directives and all applicable FLETC Directives. After contract award, contractor employees who are denied access to the FLETC shall be provided with “due process” for the denial of access in accordance with all applicable standards. All these actions will be conducted by the DISCO.

(b) Suitability Determinations. When adverse information is developed in the course of a suitability investigation, the scope of the inquiry will normally be expanded to the extent necessary to obtain such additional information as may be required to determine whether the contractor employee may be granted unescorted access to FLETC facilities and sensitive information. The contractor employee for whom unfavorable or derogatory information has been developed shall be provided with a Proposed Action Letter (PAL) that contains the questionable information. The contractor employee shall be offered the opportunity to respond to the PAL in order to refute, explain, clarify, or mitigate the information in question. If a determination of ineligibility is made, the contractor employee shall be formally notified and informed of the reason(s). Adverse information about the contractor employee may not be disclosed to the PC. When a final determination has been made, the PC shall be informed simultaneously with notification to the affected individual that the contractor employee is ineligible to render services or otherwise perform under the contract. Waivers for specific requirements for working in Federal, Department of Homeland Security, and FLETC facilities shall only be granted under specific conditions and processes as defined in the applicable regulations and directions regarding such requirements.