As prescribed in 4.1301-90 insert the following clause:
VENDOR SECURITY REQUIREMENTS (MAY 2009) - DLAD
(a) Work to be performed under this contract/task order may, in full or in part, be performed at the Defense Logistics Agency (DLA) HQ or other field activity office(s), i.e., physical access to a Federally-controlled facility. DLA and its field activity offices require all contractor personnel working on the Federally-controlled facility to have a favorably adjudicated National Agency Check with Written Inquiries (NACI) prior to beginning work on a contract. Additionally, in accordance with Department of Defense (DoD) 5200.2-R, DoD Personnel Security Programs, and the Personnel Security Guidebook (DLA Personnel Security Program), all DoD consultants and contractor personnel who have access to Federally-controlled information systems must be assigned to positions which are designated at one of three sensitivity levels, IT-I, IT-II, or IT-III. These designations equate to Critical Sensitive, Non-Critical Sensitive, and Non-sensitive. (Note: Non-Critical Sensitive -IT 2 requires a National Agency Check with Law and Credit (NACLC), Critical Sensitive - IT1 requires a Single Scope Background Investigation (SSBI), and Non-sensitive - IT III requires a National Agency Check with Written Inquiries (NACI).)
(b) At the option of the Government, previously completed security investigations may be accepted in lieu of new investigations if determined to be essentially equivalent in scope to the required NACI. The length of time elapsed since the previous investigation will also be considered in determining whether a new investigation is warranted. In order to assist the Government in making this determination, the contractor must provide the following information to the contracting officer immediately upon receipt of the contract. This information must be provided for each contractor employee who will perform work on a Federally-controlled facility and/or will require access to Federally-controlled information systems:
(1) Full name, with middle initial
(2) Social Security Number
(3) Citizenship status
(4) Date of Birth
(5) Place of Birth
(6) Proof of the individual’s favorably adjudicated background investigation or NACI, consisting of identification of the type of investigation performed, date of the favorable adjudication, and name of the agency that performed the investigation.
(7) Company name and address
(8) Company phone and fax numbers
(9) Company email address
(10) Location of on-site workstation or phone number if off-site (if known prior to award)
(11) Delivery order or contract number and expiration date
(12) Name of contracting officer
(c) The Government will notify the contractor as soon as a determination is made regarding acceptance of the previous investigation. If a new investigation is deemed necessary, the contractor will be notified of such by the contracting officer or contracting officer’s representative (CO/COR). It is the contractor’s responsibility to ensure that adequate information is provided and that each contractor employee completes the appropriate paperwork in order to begin the investigation process. The contractor shall submit each request for investigation, through the CO/COR, to the DLA site Security Office. Requests shall include:
(1) Electronic Personnel Security Questionnaire (EPSQ) (SF 85P, Questionnaire for Public Trust Positions). This form, as well as instructions for completion, is available at www.dss.mil.)
(2) Fingerprint Card, (DD Form 258); the DLA site Security Office will perform all fingerprinting.
(3) Proof of Citizenship (birth certificate or passport are acceptable, and must be the original or a certified copy.)
(4) Appropriate documentation from the Immigration and Naturalization Service if the applicant is a foreign national.
Required documentation, set forth above, must be provided to the DLA site Security Office at the time of fingerprinting.
(d) Upon completion of the NACI, results will be forwarded to DLA HQ Command Security, Personnel Security Division (DSS-SC) for review and determination regarding the applicant’s suitability to occupy the specified position in performance of the DLA contract. Contractor personnel shall not commence work on this effort until the NACI has been favorably adjudicated. Results of investigations now go to DISCO, not DES-SC.
(e) A waiver to allow assignment of an individual to commence work prior to completion of the NAC investigation may be granted in emergency situations when it is determined that a delay would be harmful to national security. A request for waiver will be considered only after the Government is in receipt of the individual’s completed forms. The DLA site Security Office and the contracting officer reserve the right to determine whether a waiver request will be forwarded for processing. The individual requesting the waiver may not be assigned to a position, e.g., physically work at the Federally-controlled facility and/or be granted access to Federally-controlled information systems, until the waiver has been granted.
(f) The requirements of this clause apply to the prime contractor and any subcontractors the prime contractor may employ during the course of this contract, as well as any temporary employees that may be hired by the contractor. The Government retains the right to request removal of contractor personnel, regardless of prior clearance or adjudication status whose actions, while assigned to this contract, are deemed to conflict with the interests of the Government. The reason for removal shall be fully documented in writing by the contracting officer. When and if such removal occurs, the contractor shall assign qualified personnel, with the required investigation, to any vacancy thus created.
(g) All contractor personnel who are granted access to Government Federally-controlled information systems shall observe all local automated information system (AIS) security policies and procedures as provided by the DLA site Information Systems Security Officer. Violations of local AIS security policy, such as password sharing, performing personal work, file access violations, or browsing files outside the scope of the contract, will result in removal of the employee from Government property and referral to the contractor for appropriate disciplinary action. Actions taken by the contractor in response to a violation will be evaluated and will be reflected in the contractor’s performance assessment for use in making future source selection decisions. In addition, based on the nature and extent of any violations of AIS security policy, the Government will consider whether it needs to pursue any other actions under the contract such as a possible termination.
(h) The contractor is required to obtain a Common Access Card in accordance with procedures established at the DLA HQ or field activity office.
(i) When a contractor employee is removed from the contract, the contractor shall provide an appropriately trained substitute who has met the investigative requirements of this clause. The substitute may not begin work on the contract without written documentation, signed by the contracting officer, stating that the new employee has met one of the criteria set forth in paragraphs (b), (c), or (e) of this clause, i.e., acceptance of a previously completed security investigation, satisfactory completion of a new investigation, or a waiver allowing work to begin pending completion of an investigation. Individuals removed from this contract as a result of a violation of local AIS security policy are removed for the duration of the contract.
(j) The contractor shall notify the contracting officer in writing, within 12 hours, when an employee working on this contract resigns, is reassigned, terminated or no longer requires admittance to the Federally-controlled facility or access to Federally-controlled information systems.
(k) These vendor security requirements do not excuse the contractor from meeting the delivery schedule set forth in the contract, or waive the delivery schedule in any way. Contractor shall meet the required delivery schedule unless the contracting officer grants a waiver or extension.
(End of Clause)
