3.__Attch_A_-_Physical_Security_Req.doc

Attachment A – Physical Security Requirements

TBPDOIT13Q0016

PHYSICAL SECURITY REQUIREMENTS

Physical Security Reference #: 13-016

1.0 The Bureau of Public Debt (BPD) Personnel Security and Suitability Requirements for Contractors and Subcontractors 13-011

A.

GENERAL

The Bureau of the Public Debt (BPD) has determined that performance of this contract requires that the Contractor, subcontractor(s), and vendor(s) (herein known as Contractor), requires access to Sensitive but Unclassified (SBU) information (herein known as unclassified information) and the contract was evaluated as "Moderate Risk." All contractor and subcontractor personnel who require access to Treasury or Bureau-owned or controlled facilities and security items or products, shall either be United States Citizens or have lawful Permanent Resident Alien (PRA) status, with at least three (3) or more years of United States residency.

The Contractor will abide by the requirements set forth in the Non-Disclosure Agreement, included in the contract, for the protection of unclassified information at its cleared facility. If the Contractor has access to unclassified information at the BPD or other Government Facility, it will abide by the requirements set by that agency.

B.

SUITABILITY DETERMINATION

Contractor personnel, assigned to this contract, even those who possess a National Security Clearance, will not need access to classified information, although they must undergo suitability screening conducted by the Office of Security. BPD shall have and exercise full control over granting, denying, withholding, or terminating unescorted government facility and/or sensitive Government information access for these contractor employees, based upon the results of a background investigation.

C.

BACKGROUND

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

(a) The Contractor shall comply with agency personal identity verification procedures identified 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 account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government;

(1) When no longer needed for contract performance.

(2) Upon completion of the Contractor employee’s employment.

(3) Upon contract completion or termination.

(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

(d) The Contractor shall insert the substance of clause, including this paragraph (d), in all subcontracts when the subcontractor’s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.

The Bureau of THE Public Debt’S Addendum to AB No. 05-12R1

Performance of this contract requires contractor and subcontractor personnel to have signed and submitted a Non-Disclosure Agreement (NDA), have an appropriate level background investigation initiated, have a favorable Federal Bureau of Investigations (FBI) fingerprint check completed, and be issued a Federal Government personnel identification card before being allowed unsupervised physical access to Federal Government facilities and/or logical access to Federal Government Information Technology (IT) Systems and databases. The Contracting Officer's Representative (COR) will be the sponsoring official and will coordinate with BPD's Personnel Security to arrange the background investigation and credentialing process.

At least two weeks before start of contract performance, the Contractor shall identify all contractor and subcontractor personnel who shall require physical access to Federal Government facilities and/or logical access to Federal IT systems or databases for the performance of work under this contract. Identified contractor and subcontractor personnel shall complete and return the below listed documents to the COR. The Contractor must make their personnel available at the place and time specified by the COR in order to initiate the credentialing process.

Office of Personnel Management (OPM) Electronic Questionnaire for Investigation Processing (e-QIP) portal to provide historical background information for background investigations: http://www.opm.gov/e-qip/

OF 306 (fillable forms available at http://www.opm.gov/forms/html/of.asp)

Fair Credit Reporting Release

· Non-Disclosure Agreement (NDA)(attached) Background investigations shall be processed in accordance with the Office of Personnel Management (OPM) standards. To commence the process, each contractor will be required to supply the COTR with their full name, their place of birth (city and state), their date of birth, and their social security number. With this information, Public Debt’s Personnel Security staff will initiate the contractor in the Electronic Questionnaire for Investigations Processing System (e-QIP). The Personnel Security Specialist will further provide the contractor online instructions and the website address where you will provide the required information needed to conduct your background investigation.

These positions require a Minimum Background Investigation (MBI), which satisfies HSPD-12 background investigation requirements for identified contractor and subcontractor personnel requiring physical access to Federal Government facilities and/or logical access to Federal IT systems or databases. This process provides the government with a means to positively identify and make a suitability determination regarding the applicant under this contract. Upon receipt of a favorable FBI fingerprint check, the contractor's identification card will be issued and/or unsupervised physical access to Government facilities granted.

Contractor and subcontractor personnel are required to give, and authorize others to give, full, frank, and truthful answers to relevant and material questions needed to reach a suitability determination. Refusal or failure to furnish or authorize provision of information may constitute grounds for denial or revocation of credentials. Government investigative personnel may contact contractor/subcontractor personnel being screened or investigated in person, by telephone, or in writing. The contractor shall ensure that all contractor and subcontractor personnel are available for such contact and that timely responses to investigative requests are provided.

Alternatively, if it is verified that an individual is already vetted by another agency at the appropriate level of background investigation, and the investigation was completed less than five (5) years prior to the start of the contractor's initial physical/logical access date, then further investigation may not be necessary. If this is applicable, the Contractor shall provide the COR with the name of the agency that conducted the investigation and completion date, if known.

If at any point during this process investigative results are unfavorably adjudicated, the individual will be denied further admittance to work on the contract, including both physical and/or logical access. In the event of a disagreement between the Contractor and the Government concerning the suitability of an individual to perform work under this contract, the Government shall have the right of final determination.

During performance of the contract, the Contractor shall keep the COR apprised of any changes in contractor or subcontractor personnel to ensure that work performance is not delayed by compliance with the credentialing process. Identification cards that are lost, damaged or stolen must be reported to the COR and Issuing Office within eighteen (18) hours. Replacement shall be at the Contractor's expense. If re-issuance of expired credentials is needed, it will be coordinated through the COR.

At the end of the contract performance, or when a contractor/subcontractor employee is no longer working under this contract, the contactor shall ensure that all identification cards are returned to the COR. If the Contractor does not return all identification cards, last payment may be withheld.

This requirement must be incorporated into any subcontracts that require subcontractor personnel to have regular and routine unsupervised physical access to a federally controlled facility for six (6) months or more, and/or any logical access to a federally controlled information system.

Definitions:

Physical Access: Is the ability to enter a federally owned facility or federally leased space:

If federal space is limited to a portion of a building then HSPD-12 applies only to that portion owned or leased by the federal government.

Physical access requirements do not apply to:

Contractors (permanent, intermittent, temporary or seasonal), guests’ researchers, and volunteers needing access for less than six (6) months

Bureau of the Public Debt

Conditional Access to Sensitive but Unclassified Information

Non-Disclosure Agreement

I, ____________________________, hereby consent to the terms in this Agreement in consideration of my being granted conditional access to certain United States Government documents or material containing sensitive but unclassified information.

I understand and agree to the following terms and conditions:

1.

By being granted conditional access to sensitive but unclassified information, the United States Government has placed special confidence and trust in me and I am obligated to protect this information from unauthorized disclosure, in accordance with the terms of this Agreement.

2.

As used in the Agreement, sensitive but unclassified information is any information the loss, misuse, or unauthorized access to or modification of which could adversely affect the national interest or the conduct of Federal programs, or the privacy to which individuals are entitled under Title 5 U.S.C. 522a, but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense or foreign policy.

3.

I am being granted conditional access contingent upon my execution of this Agreement for the sole purpose of providing tape storage and transportation. This approval will permit me conditional access to certain information; tape storage data such as number of tapes ect. and/or to attend meetings in which such information is discussed or otherwise made available to me.

4.

I will never divulge any sensitive but unclassified information that is provided to me pursuant to this Agreement to anyone unless I have been advised in writing by Bureau of the Public Debt or in the case of bureau sensitive but unclassified information released to the Office of Inspector General (OIG) or Treasury Inspector General for Tax Administration (TIGTA), in accordance with a written arrangement related to the official audit/investigative functions of the OIG or TIGTA for that particular matter). Should I desire to make use of any sensitive but unclassified information, I will do so in accordance with paragraph 6 of this Agreement. I will submit to Bureau of the Public Debt for security review, prior to any submissions for publication, any book, article, column or other written work for general publication that is based upon any knowledge I obtained during the course of my work on tape storage and transportation to ensure that no Bureau of Public Debt sensitive but unclassified information is disclosed.

5.

I hereby assign to the United States Government all royalties, remunerations, and emoluments that have resulted, will result or may result from any disclosure, publication, or revelation of sensitive but unclassified information not consistent with the terms of this Agreement.

6.

Upon signing this non-disclosure agreement, I will be permitted access to official Bureau of Public Debt documents containing sensitive but unclassified information and understand that any copies must be protected in the same manner as the originals. Any notes taken during the course of such access must also be protected in the same manner as the originals.

7.

If I violate the terms and conditions of this Agreement, I understand that the unauthorized disclosure of sensitive but unclassified information could compromise Bureau of the Public Debt security.

8.

If I violate the terms and conditions of this Agreement, such violation may result in the cancellation of my conditional access to sensitive but unclassified information. This may serve as a basis for my being denied conditional access to Bureau of Public Debt or other Treasury bureaus’ information, both classified and sensitive but unclassified information in the future. If I violate the terms and conditions of this Agreement, the United States may institute a civil action for damages or any other appropriate relief. The willful disclosure of information to which I have agreed herein not to divulge may constitute a criminal offense.

9.

Unless and until I am provided a written release by Bureau of the Public Debt from this Agreement or any portions of it, all conditions and obligations contained in this Agreement apply both during my period of conditional access, which shall terminate at the conclusion of my work on tape storage and transportation, and at all times thereafter.

10.

Each provision of this Agreement is severable. If a court should find any provisions of this Agreement unenforceable, all other provisions shall remain in full force and effect.

11.

I understand that the United States Government may seek any remedy available to it to enforce this Agreement, including, but not limited to, application for a court order prohibiting disclosure of information in breach of this Agreement.

12.

By granting me conditional access to information in this context, the United States Government does not waive any statutory or common law evidentiary privileges or protections that it may assert in any administrative or court proceeding to protect any sensitive but unclassified information to which I have been given conditional access under the terms of this Agreement.

13.

These restrictions are consistent with and do not supersede, conflict with or otherwise alter the employee obligations, rights or liabilities created by Executive Order 12958, as amended; Section 7211 of Title 5, United States Code (governing disclosures to Congress); Section 1034 of Title 10, United States Code, as amended by the Military Whistleblower Protection Act (governing disclosure to Congress by members of the military); Section 2302(b)(8) of Title 5, United States Code, as amended by the Whistleblower Protection Act (governing disclosures of illegality, waste, fraud, abuse or public health or safety threats); the Intelligence Identities Protection Act of 1982 (50 USC 421 et seq.)(governing disclosures that could expose confidential Government agents), and the statutes that protect against disclosure that may compromise the national security, including Sections 641, 793, 794, 798, and 952 of Title 128, United States Code, and Section 4(b) of the Subversive Activities Act of 1950 (50 USC Section 783 (b)). The definitions, requirements, obligations, rights, sanctions and liabilities created by said Executive Order and listed statutes are incorporated into this Agreement and are controlling.

14.

My execution of this Agreement shall not nullify or effect in any manner any other secrecy or nondisclosure Agreement which I have executed or may execute with the United States Government except within the Department of the Treasury as noted in item 8, above.

15.

I make this Agreement in good faith, without mental reservation or purpose of evasion.

Name and Date

Signature

This Agreement was accepted by the undersigned on behalf of Bureau of the Public Debt as a prior condition on conditional access to sensitive but unclassified information. Further release to any other third party requires execution of a nondisclosure agreement.

When information is shared with the Office of Inspector General or the Treasury Inspector General for Tax Administration, for official audit/investigative purposes, the following statement must be added below the signature line. “This Agreement was accepted by the undersigned on behalf of Bureau of the Public Debt and (the Office of Inspector General or Treasury Inspector General for Tax Administration, as applicable) for conditional access to sensitive but unclassified information. Further release and dissemination of Bureau of the Public Debt sensitive but unclassified information under this non-disclosure agreement must be in accordance with a written arrangement related to the official audit/investigative functions of the OIG or TIGTA for that particular matter. Further release to any other third party requires execution of a nondisclosure agreement.”

Bureau of the Public Debt Official and Date

(When applicable OIG or TIGTA signatory) and Date