MCBO_4200.3_-_CONTRACTOR_SCREENING_POLICY.pdf

UNITED STATES MARINE CORPS

MARINE CORPS BASE

QUANTICO, VIRGINIA 22134-5001

MCBO 4200.3

B033 28 Jul 10

MARINE CORPS BASE ORDER 4200.3

From: Commander To: Distribution List

Subj: CONTRACTOR SCREENING POLICY

Ref: (a) MARADMIN 533/08 Installation Access Control

(b) DTM 09-012 Interim Policy Guidance for DoD Physical Access Control

1. Purpose. To establish policy for contractor screening aboard Marine Corps Base, Quantico (MCBQ).

2. Applicability. This policy applies to all commands, organizations and tenant activities that employ contractors on MCBQ. Implementation will commence upon issuance of this Order (applied prospectively to any new contracts commencing on or after 1 October 2010), in which contract employees require physical access to MCBQ. Duration of contract, contract source, or length of time that employees will perform services/work on MCBQ does not diminish or effect applicability of this policy. This policy does not apply to contracted Role Players or Commissary Baggers, which fall under separate screening policies.

3. Definitions

a. Contractor: Any individual gaining access to MCBQ for the purpose of performing services under a government contract or subcontract who is not a member of the Armed Forces or a direct employee of the U.S. Government.

b. Identity Proofing: The process of reviewing federally authorized acceptable documentation to ensure authenticity of an individual.

c. Vetting: An evaluation of an individual’s character and conduct, for approval, acceptance or denial onto the installation as a contractor employee.

28 Jul 10

4. Background. Pursuant to reference (a) and (b), contractor screening of employees is a part of the overall installation access control and security program and requires that contractors doing business aboard MCBQ are screened to determine:

a. Identity.

b. Citizenship or legal alien status.

c. Eligibility for access.

5. Policy

a. All contractor employees performing services on MCBQ requiring physical access to the installation shall be properly screened in accordance with the standards set forth in this policy.

b. Contracting Officers shall provide notice of this policy in all contract solicitations and awards for all contracts to be performed on MCBQ.

c. Contractor screening consists of identity proofing and vetting.

(1) Identity Proofing. The following are acceptable source documents to establish the identity of a contract employee. The source documents must not show evidence of tampering, counterfeiting, or other alteration or appear questionable (e.g.

having damaged laminates):

(a) U.S. passport or U.S. passport card.

(b) Permanent resident card or Alien Registration card (Form I-551).

(c) Foreign passport with a temporary (I-551) stamp or temporary (I-551) printed notation on a machine readable immigrant visa.

(d) Foreign passport with a current Arrival - Departure Record (Form I-94) bearing the same names as the passport and containing an endorsement of the alien’s nonimmigrant status, if that status authorizes the alien to work for the employer.

(e) Employment authorization document that contains a photograph (Form I-766).

(f) In the case of a nonimmigrant alien authorized to work for a specific employer, a foreign passport with Form I-94 or Form I-94A bearing the same name as the passport and containing an endorsement of the alien’s nonimmigrant status, as long as the endorsement has not yet expired and the proposed employment is not in conflict with any restriction or limitation identified on the form.

(g) Driver’s license or identification card issued by a State or outlying possession of the United States, provided it contains a photograph and biographic information such as name, date of birth, gender, height, eye color, and address.

(h) Identification card issued by Federal, state or local government agencies, provided it contains a photograph and biographic information such as name, date of birth, gender, height, eye color, and address.

(i) School identification card with a photograph.

(j) U.S. Coast Guard Merchant Mariner card or Transportation Workers Identification Card.

(2) Vetting. Vetting is an evaluation of a contractor employee that includes verifying employment eligibility (citizenship or legal alien status) and conducting a background check to determine fitness for employment on MCBQ.

(a) Employment Eligibility. Federal contractors are required to use the E-verify program (www.dhs.gov/e-verify) to instantaneously verify employment eligibility of both U.S. citizens and non-citizens. Executive Order 13465, the Immigration and Nationality Act, and Federal Acquisition Regulation (FAR) Subpart

22.18 require Federal contractors to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States.

(b) Criminal Records Check. Contractors shall, upon request of the contracting officer or MCBQ security officials, provide a list of all employees requiring physical access to MCBQ.

Installation government representatives shall then query authoritative data sources to vet the claimed identity and to determine fitness using biographical information including, but not limited to, name, social security number and date of birth.

6. Denial of Access. Contractor employees will be prohibited from performing services on MCBQ, if the employee:

a. Is on the National Terrorist Watch List.

b. Is illegally present in the United States.

c. Is subject to an outstanding warrant.

d. Knowingly submitted an employment questionnaire with false or fraudulent information.

e. Has been issued a debarment order and is currently banned from any military installation.

f. Is on a prisoner work-release program, or currently on parole.

g. Is a registered sexual offender.

h. Has been convicted of a felony offense within the past 2 years.

7. Appeals

a. A contractor that wants to employ an individual that cannot meet the vetting process in paragraphs 5 and 6 above may submit an appeal to the Commander, MCBQ for special consideration. Appeals will be in writing and processed through the contracting officer.

b. An individual that cannot meet the vetting process in paragraphs 5 and 6 above may submit an appeal to the Commander, MCBQ for special consideration. Individual appeals will be in writing and processed through the MCBQ Inspector General.

8. Enforcement

a. Contractors with employees performing services on MCBQ shall, upon request, provide a list of employees requiring base access to the contracting officer or MCBQ security officials.

Government officials will validate the employee list to ensure individuals meet access control standards. Contractors shall provide immediate updates to employee lists upon change (i.e.

adding a new or additional employee that requires base access).

b. Contractors and their employees are subject to the Random Antiterrorism Measures being employed at Installation Access Control Points to include identification verification and screening against law enforcement and other databases.

c. Contractors and their employees are subject to random security sweeps of work sites to verify contractor identification and eligibility.

d. Contracting officers shall provide notice of this policy in all contract solicitations and awards for all services to be performed on MCBQ commencing on or after 1 October 2010.

Contracting officers should consider modifying existing contracts as appropriate to ensure contractors understand this policy.

e. Contractors may be subject to a wide range of contract and administrative actions for failure to comply with this policy to include termination of their contract and suspension or debarment from doing future business with the Federal Government.

Contractors are responsible to ensure subcontractors are notified of and comply with this policy.

9. The Regional Contracting Office-National Capital Region, Marine Corps Systems Command contracting officers, and the MCBQ Resident Officer in Charge of construction shall include a copy of this policy in their contracts and provide a copy to other contracting offices/officers in other Federal agencies that are soliciting and awarding contracts that may be performed on MCBQ in an effort to ensure maximum compliance.

/s/

D. J. CHOIKE

DISTRIBUTION: A