S-2_Foreign National Certification.pdf

Attachment S-2: Foreign National Certification

FOREIGN NATIONAL ACCESS TO NAVAL VESSELS

a. No person known to be a foreign national1 shall be eligible for access to naval vessels, work sites and adjacent areas when said vessels are under construction, conversion, overhaul, or repair, except upon a finding by the COR or his designated representative that such access should be permitted in the best interest of the United States. The contractor shall establish procedures to comply with the requirements of this clause in effect on the date of this contract or agreement.

b. If the contractor desires to employ foreign nationals in the performance of work under this contract or agreement that requires access as specified in paragraph (a) to this clause, approval must be obtained prior to access or each contract or agreement where such access is desired. To request such approval, the contractor shall submit, as part of its proposal to NAVSUP FLCSI, an Access Control Plan (ACP) which shall contain as a minimum, the following information:

1. A badge or pass oriented identification, access, and movement control system for foreign national employees with the badge or pass to be work on or displayed on outer garments at all times while on the contactor’s facility and when preforming work aboard ship.

i. Badges must be of such design and appearance that permits easy recognition to facilitate quick and positive identification.

ii. Access authorization and limitations for the bearer must be clearly established and in accordance with applicable security regulations and instructions.

iii. A control system, which provides rigid accountability procedures for handling lost, damaged, forgotten, and no longer required badges, must be established.

iv. A badge or pass check must be performed at all points of entry to the contractor’s facilities or by the COR or his designated representative for work performed on vessels outside of the contractor’s plant.

2. The contractor’s plan for ascertaining citizenship and for screening employees for security risk.

3. Data reflecting the number, nationality, and positions held by foreign national employees, including procedures to update data as foreign national employee data changes, and pass to

NAVSUP FLCSI.

4. The contractor’s plan or ensuring subcontractor compliance with the provisions of the contractor’s ACP.

5. These conditions and controls are intended to serve as guidelines representing the minimum requirements of an acceptable ACP. They are not meant to restrict the contractor in any way for imposing additional controls necessary to tailor these requirements to a specific facility.

c. To request approval for foreign national employees, the contractor shall include in its ACP the following employee data: name, place of birth, citizenship (if different from place of birth), number of years employed by the contractor, position, and stated intent, if any, concerning U.S. citizenship. The COR or his designated representative will make individual determinations of desirability of access for the above group. Until written approval is received, the contractor must deny access to vessels for employees who are foreign nationals.

d. An ACP which has been approved for specific Master Ship Repair Agreement (MSRA) or Agreement for Boat Repair, (ABR) or Basic Ordering Agreement (BOA), is valid and applicable to all job orders awarded under that agreement.

e. The contractor shall fully comply with approved ACPs. Noncompliance by the contractor or subcontractor services to cancel any authorization previously granted, in which case the contractor shall be precluded from

1 Pursuant to SECNAV M-5510.1, ‘Foreign Disclosure Manual’ dated June 2019, Appendix A, ‘Foreign National’ is defined as a person who is not a citizen or national of the United States.

the continued use of foreign nationals on this contract or agreement until such time as compliance with an approved ACP is demonstrated and upon a determination by NAVSUP FLCSI that the Government’s interests are protected. Further, the Government reserves the right to cancel previously granted authority when such cancellation is determined to be in the Government’s best interest. Use of foreign nationals, without an approved ACP or when a previous authorization has been cancelled, will be considered a violation of security regulations. Upon confirmation by NAVSUP FLCSI of such violation, this contract, agreement or any job order issued under this agreement may be terminated for default.

f. Prime contractors have full responsibility for the proper administration of the approved ACP for all work performed under this contract or agreement regardless of the location of the vessel and must ensure compliance by all subcontractors, technical representatives and other persons granted access to U.S. Navy vessels, adjacent areas , and work sites.

g. In the event the contractor does not intend to employ foreign nationals in the performance of work under this contract, but has foreign national employees, such employees must be precluded from access to the vessel and its work site and those shops where work on the vessel’s equipment is being performed. The ACP must spell out how non-U.S. citizens are excluded from access to contract work areas.

h. The same restriction as in paragraph (g) above applies to other foreign nationals who have access to the contractor’s facilities, (e.g., for accomplishing facility improvements, from foreign crewed vessels within its facility, etc.)

Foreign National Access To Navel Vessels (ACP Certification)

1. The bidder or offeror, in the performance of any contract and/or job order resulting from this solicitation intends, does not intend (check applicable line) to employ foreign nationals in the performance of work that requires access to naval vessels, work sites and adjacent areas when such vessels are under construction, conversion, overhaul or repair.

2. If the bidder or offeror, “intends” in paragraph 1 above, the bidder shall insert in the spaces provided below, the required information:

3. Whether or not the bidder or offeror intends to employ foreign nationals, the actual access of foreign nationals to naval vessels is subject to the requirements of the clause entitled “FOREIGN NATIONAL

ACCESS TO NAVAL VESSELS”.

ACCESS CONTROL PLAN (ACP)

Approved ACP No.

If no approved ACP, indicated below the actions taken or anticipated relative to ACP submission to applicable Contract Administration Office.