Common use of Prime Contract Special Provisions Clause in Contracts

Prime Contract Special Provisions. The following prime contract special provisions apply to this purchase order 52.204-9000 52.204-9000 Contract Personnel Securit y Requirements (JUL 2015). . (a) Work to be performed under this contract or task order may, in full or in part, be performed at the Defense Logistics Agency (DLA) Headquarters (HQ), DLA field activity office(s), or other Federally- controlled facilities. Prior to beginning work on a contract, DLA requires all Seller personnel working on the Federally-controlled facility to have, at a minimum, an initiated National Agency Check with Written Inquiries (NACI) or NACI equivalent and favorable completion of a Federal Bureau of Investigation (FBI) fingerprint check. (b) Additionally, in accordance with Department of Defense (DoD) Regulation 5200.2-R, Personnel Security Programs, and DLA Issuance 4314, Personnel Security Program, all DoD contractor personnel who have access to Federally-controlled information systems must be assigned to positions which are designated at one of three information technology (IT) levels, each requiring a certain level of investigation and clearance, as follows: (1) IT-I for an IT position requiring a single scope background investigation (SSBI) or SSBI equivalent; (2) IT-II for an IT position requiring a National Agency check with Law and Credit (NACLC) or NACLC equivalent; and (3) IT-III for an IT position requiring a NACI or equivalent. Note: IT levels will be designated according to the criteria in DoD 5200.2-R. (c) Previously completed security investigations may be accepted by the Government in lieu of new investigations if determined by the DLA Intelligence Personnel Security Office to be essentially equivalent in scope to the contract requirements. The length of time elapsed since the previous investigation will also be considered in determining whether a new investigation is warranted. To assist the Government in making this determination, Seller must provide the following information to the respective DLA Intelligence Personnel Security Office, through Buyer, immediately upon receipt of the contract. This information must be provided for each Seller 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 name, as applicable, with social security number; (2) Citizenship status with date and place of birth; (3) Proof of the individuals favorably adjudicated background investigation or NACI, consisting of identification of the type of investigation performed, date of the favorable adjudication, name of the agency that made the favorable adjudication, and name of the agency that performed the investigation; (4) Company name, address, phone and fax numbers with email address; (5) Location of on-site workstation or phone number if off-site (if known by the time of award); and (6) Delivery order or contract number and expiration date; and name of the Contracting Officer (to be obtained through Buyer.) (d) Buyer will ensure that Seller is notified as soon as a determination is made by the assigned or cognizant DLA Intelligence Personnel Security Office regarding acceptance of the previous investigation and clearance level. (1) If a new investigation is deemed necessary, Seller will be notified by Buyer after appropriate checks in DoD databases have been made. (2) If the Seller employee requires access to classified information and currently does not have the appropriate clearance level and/or an active security clearance, the DLA Intelligence Personnel Security Office will relay this information to Buyer for further action. Investigations for Seller employees requiring access to classified information must be initiated by the Contractor Facility Security Officer (FSO). (3) The Contracting Officer will ensure that the respective DLA Intelligence Personnel Security Office initiates investigations for Seller employees not requiring access to classified information (i.e., IT or unescorted entry). (4) It is Seller’s responsibility to ensure that adequate information is provided and that each Seller employee completes the appropriate paperwork, as required either by the Contracting Officer or the DLA Intelligence Personnel Security Office, which shall be communicated through Buyer, in order to begin the investigation process for the required clearance level. (e) Seller is responsible for ensuring that each Seller employee assigned to the position has the appropriate security clearance level. (f) Seller shall submit each request for IT access and investigation through the Contracting Officer to the assigned or cognizant DLA Intelligence Personnel Security Office. Requests shall include the following information and/or documentation: (1) Standard Form (SF) 85, Questionnaire for Non-Sensitive Positions, or the SF 86, Questionnaire for National Security Positions (see note below); (2) Proof of citizenship (i.e., an original or a certified copy of a birth certificate, passport, or naturalization certificate); and (3) Form FD-258, Fingerprint Card (however, fingerprinting can be performed by the cognizant DLA Intelligence Personnel Security Office). (Note to (f)(1) above: An investigation request is facilitated through use of the SF 85 or the SF 86. These forms with instructions as well as the Optional Form (OF) 306, Declaration for Federal Employment, which is required with submission of the SF85 or SF 86, are available at the Office of Personnel Managements (OPM) system called Electronic Questionnaires for Investigations Processing (e-QIP). Hard copies of the SF85 and SF86 are available at OPMs web-site, http:// xxx.xxx.xxx/, but hard copies of the forms are not accepted.) (g) Required documentation, listed above in paragraphs (f) (1) through (3), must be provided by Seller to Buyer at the time of fingerprinting or prior to the DLA Intelligence Personnel Security Office releasing the investigation to OPM. (h) Upon completion of the NACI, NACLC, SSBI, or other sufficient, appropriate investigation, the results of the investigation will be forwarded by OPM to the appropriate adjudication facility for eligibility determination or the DLA Intelligence Personnel Security Office for review and determination regarding the applicants suitability to occupy an unescorted entry position in performance of the DLA contract. Seller personnel shall not commence work on this effort until the investigation has been favorably adjudicated or Seller employee has been waived into the position pending completion of adjudication. The DLA Intelligence Personnel Security Office will ensure that results of investigations will be sent by OPM t to the Department of Defense, Consolidated Adjudications Facility (DoD CAF) or DLA Intelligence Personnel Security Office. (i) A waiver for IT level positions to allow assignment of an individual Seller employee to commence work prior to completion of the 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 Contractor employees completed forms, the background investigation has been initiated and favorable FBI fingerprint check has been conducted. The request for a waiver must be approved by the Commander/Director or Deputy Commander/Director of the site. The cognizant DLA Intelligence Personnel Security Office reserves the right to determine whether a waiver request will be forwarded for processing. The individual Seller employee for which the waiver is being requested may not be assigned to a position, that is, physically work at the Federally-controlled facility and/ or be granted access to Federally-controlled information systems, until the waiver has been approved. (j) The requirements of this clause apply to the prime Contractor, Seller and any subcontractors Seller may employ during the course of this contract, as well as any temporary employees that may be hired by Seller. The Government retains the right to request removal of Seller personnel, regardless of prior clearance or adjudication status whose actions, while assigned to this contract, who are determined by the Contracting Officer to conflict with the interests of the Government. If such removal occurs, Seller shall assign qualified personnel, with the required investigation, to any vacancy. (k) All Seller personnel who are granted access to Government and/or Federally-controlled information systems shall observe all local automated information system (AIS) security policies and procedures. 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 Seller employee from Government property and referral to Seller for appropriate disciplinary action. Actions taken by Seller in response to a violation will be evaluated and will be reflected in Seller’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. (l) Seller may also be required to obtain a Common Access Card (CAC) or Installation Access Badge for each Seller employee in accordance with procedures established by DLA. When a CAC is required, the Contracting Officer will ensure that Seller follows the requirements of Homeland Security Presidential Directive 12 and any other CAC-related requirements in the contract. Seller shall provide, on a monthly basis, a listing of all personnel working under the contract that have CACs. (m) Seller personnel must additionally receive operations security (OPSEC) and information security (INFOSEC) awareness training. The DLA annual OPSEC refresher training and DLA annual INFOSEC training will satisfy these requirements and are available through the DLA Intelligence Office. (n) When a Seller employee who has been granted a clearance is removed from the contract, Seller shall provide an appropriately trained substitute who has met or will meet 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 Seller employee has met one of the criteria set forth in paragraphs (c), (d), or (i) 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). Seller individual employees removed from this contract as a result of a violation of local AIS security policy are removed for the duration of the contract. (o) The following shall be completed for every employee of Seller working on this contract upon contract expiration. Additionally, Xxxxxx shall notify Xxxxx immediately in writing whenever a Seller employee working on this contract resigns, is reassigned, is terminated or no longer requires admittance to the Federally- controlled facility or access to Federally controlled information systems. When the Seller employee departs, Seller will relay departure information to the cognizant DLA Intelligence Personnel Security Office and the Trusted Agent (TA) that entered the individual into the Trusted Associated Sponsorship System (TASS), so appropriate databases can be updated. Seller will ensure each departed employee has completed the DLA J6 Out-Processing Checklist, when applicable, for the necessary security briefing, has returned any Government-furnished equipment, returned the DoD CAC and DLA (or equivalent Installation) badge, returned any DoD or DLA vehicle decal, and requested deletion of local area network account with a prepared Department of Defense (DD) Form 2875. The Contractor will be responsible for any costs involved for failure to complete the outprocessing, including recovery of Government property and investigation involved. (p) These security requirements do not excuse Seller from meeting the delivery schedule/performance requirements set forth in the contract, or waive the delivery schedule/performance requirements in any way. Seller shall meet the required delivery schedule/performance requirements unless Buyer grants a waiver or extension. (q) Seller shall not bill for personnel, who are not working on the contract while that Seller employee’s clearance investigation is pending.

Prime Contract Special Provisions. The following prime contract special provisions apply to this purchase order 52.204-9000 52.204-9000 Contract Personnel Securit y Requirements (JUL 2015). . (a) Work to be performed under this contract or task order may, in full or in part, be performed at the Defense Logistics Agency (DLA) Headquarters (HQ), DLA field activity office(s), or other Federally- controlled facilities. Prior to beginning work on a contract, DLA requires all Seller personnel working on the Federally-controlled facility to have, at a minimum, an initiated National Agency Check with Written Inquiries (NACI) or NACI equivalent and favorable completion of a Federal Bureau of Investigation (FBI) fingerprint check. (b) Additionally, in accordance with Department of Defense (DoD) Regulation 5200.2-R, Personnel Security Programs, and DLA Issuance 4314, Personnel Security Program, all DoD contractor personnel who have access to Federally-controlled information systems must be assigned to positions which are designated at one of three information technology (IT) levels, each requiring a certain level of investigation and clearance, as follows: (1) IT-I for an IT position requiring a single scope background investigation (SSBI) or SSBI equivalent; (2) IT-II for an IT position requiring a National Agency check with Law and Credit (NACLC) or NACLC equivalent; and (3) IT-III for an IT position requiring a NACI or equivalent. Note: IT levels will be designated according to the criteria in DoD 5200.2-R. (c) Previously completed security investigations may be accepted by the Government in lieu of new investigations if determined by the DLA Intelligence Personnel Security Office to be essentially equivalent in scope to the contract requirements. The length of time elapsed since the previous investigation will also be considered in determining whether a new investigation is warranted. To assist the Government in making this determination, Seller must provide the following information to the respective DLA Intelligence Personnel Security Office, through Buyer, immediately upon receipt of the contract. This information must be provided for each Seller 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 name, as applicable, with social security number; (2) Citizenship status with date and place of birth; (3) Proof of the individuals favorably adjudicated background investigation or NACI, consisting of identification of the type of investigation performed, date of the favorable adjudication, name of the agency that made the favorable adjudication, and name of the agency that performed the investigation; (4) Company name, address, phone and fax numbers with email address; (5) Location of on-site workstation or phone number if off-site (if known by the time of award); and (6) Delivery order or contract number and expiration date; and name of the Contracting Officer (to be obtained through Buyer.) (d) Buyer will ensure that Seller is notified as soon as a determination is made by the assigned or cognizant DLA Intelligence Personnel Security Office regarding acceptance of the previous investigation and clearance level. (1) If a new investigation is deemed necessary, Seller will be notified by Buyer Xxxxx after appropriate checks in DoD databases have been made. (2) If the Seller employee requires access to classified information and currently does not have the appropriate clearance level and/or an active security clearance, the DLA Intelligence Personnel Security Office will relay this information to Buyer for further action. Investigations for Seller employees requiring access to classified information must be initiated by the Contractor Facility Security Officer (FSO). (3) The Contracting Officer will ensure that the respective DLA Intelligence Personnel Security Office initiates investigations for Seller employees not requiring access to classified information (i.e., IT or unescorted entry). (4) It is Seller’s responsibility to ensure that adequate information is provided and that each Seller employee completes the appropriate paperwork, as required either by the Contracting Officer or the DLA Intelligence Personnel Security Office, which shall be communicated through Buyer, in order to begin the investigation process for the required clearance level. (e) Seller is responsible for ensuring that each Seller employee assigned to the position has the appropriate security clearance level. (f) Seller shall submit each request for IT access and investigation through the Contracting Officer to the assigned or cognizant DLA Intelligence Personnel Security Office. Requests shall include the following information and/or documentation: (1) Standard Form (SF) 85, Questionnaire for Non-Sensitive Positions, or the SF 86, Questionnaire for National Security Positions (see note below); (2) Proof of citizenship (i.e., an original or a certified copy of a birth certificate, passport, or naturalization certificate); and (3) Form FD-258, Fingerprint Card (however, fingerprinting can be performed by the cognizant DLA Intelligence Personnel Security Office). (Note to (f)(1) above: An investigation request is facilitated through use of the SF 85 or the SF 86. These forms with instructions as well as the Optional Form (OF) 306, Declaration for Federal Employment, which is required with submission of the SF85 or SF 86, are available at the Office of Personnel Managements (OPM) system called Electronic Questionnaires for Investigations Processing (e-QIP). Hard copies of the SF85 and SF86 are available at OPMs web-site, http:// xxx.xxx.xxx/, but hard copies of the forms are not accepted.) (g) Required documentation, listed above in paragraphs (f) (1) through (3), must be provided by Seller to Buyer at the time of fingerprinting or prior to the DLA Intelligence Personnel Security Office releasing the investigation to OPM. (h) Upon completion of the NACI, NACLC, SSBI, or other sufficient, appropriate investigation, the results of the investigation will be forwarded by OPM to the appropriate adjudication facility for eligibility determination or the DLA Intelligence Personnel Security Office for review and determination regarding the applicants suitability to occupy an unescorted entry position in performance of the DLA contract. Seller personnel shall not commence work on this effort until the investigation has been favorably adjudicated or Seller employee has been waived into the position pending completion of adjudication. The DLA Intelligence Personnel Security Office will ensure that results of investigations will be sent by OPM t to the Department of Defense, Consolidated Adjudications Facility (DoD CAF) or DLA Intelligence Personnel Security Office. (i) A waiver for IT level positions to allow assignment of an individual Seller employee to commence work prior to completion of the 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 Contractor employees completed forms, the background investigation has been initiated and favorable FBI fingerprint check has been conducted. The request for a waiver must be approved by the Commander/Director or Deputy Commander/Director of the site. The cognizant DLA Intelligence Personnel Security Office reserves the right to determine whether a waiver request will be forwarded for processing. The individual Seller employee for which the waiver is being requested may not be assigned to a position, that is, physically work at the Federally-controlled facility and/ or be granted access to Federally-controlled information systems, until the waiver has been approved. (j) The requirements of this clause apply to the prime Contractor, Seller and any subcontractors Seller may employ during the course of this contract, as well as any temporary employees that may be hired by Seller. The Government retains the right to request removal of Seller personnel, regardless of prior clearance or adjudication status whose actions, while assigned to this contract, who are determined by the Contracting Officer to conflict with the interests of the Government. If such removal occurs, Seller shall assign qualified personnel, with the required investigation, to any vacancy. (k) All Seller personnel who are granted access to Government and/or Federally-controlled information systems shall observe all local automated information system (AIS) security policies and procedures. 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 Seller employee from Government property and referral to Seller for appropriate disciplinary action. Actions taken by Seller in response to a violation will be evaluated and will be reflected in Seller’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. (l) Seller may also be required to obtain a Common Access Card (CAC) or Installation Access Badge for each Seller employee in accordance with procedures established by DLA. When a CAC is required, the Contracting Officer will ensure that Seller follows the requirements of Homeland Security Presidential Directive 12 and any other CAC-related requirements in the contract. Seller shall provide, on a monthly basis, a listing of all personnel working under the contract that have CACs. (m) Seller personnel must additionally receive operations security (OPSEC) and information security (INFOSEC) awareness training. The DLA annual OPSEC refresher training and DLA annual INFOSEC training will satisfy these requirements and are available through the DLA Intelligence Office. (n) When a Seller employee who has been granted a clearance is removed from the contract, Seller shall provide an appropriately trained substitute who has met or will meet 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 Seller employee has met one of the criteria set forth in paragraphs (c), (d), or (i) 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). Seller individual employees removed from this contract as a result of a violation of local AIS security policy are removed for the duration of the contract. (o) The following shall be completed for every employee of Seller working on this contract upon contract expiration. Additionally, Xxxxxx shall notify Xxxxx immediately in writing whenever a Seller employee working on this contract resigns, is reassigned, is terminated or no longer requires admittance to the Federally- controlled facility or access to Federally controlled information systems. When the Seller employee departs, Seller will relay departure information to the cognizant DLA Intelligence Personnel Security Office and the Trusted Agent (TA) that entered the individual into the Trusted Associated Sponsorship System (TASS), so appropriate databases can be updated. Seller will ensure each departed employee has completed the DLA J6 Out-Processing Checklist, when applicable, for the necessary security briefing, has returned any Government-furnished equipment, returned the DoD CAC and DLA (or equivalent Installation) badge, returned any DoD or DLA vehicle decal, and requested deletion of local area network account with a prepared Department of Defense (DD) Form 2875. The Contractor will be responsible for any costs involved for failure to complete the outprocessing, including recovery of Government property and investigation involved. (p) These security requirements do not excuse Seller from meeting the delivery schedule/performance requirements set forth in the contract, or waive the delivery schedule/performance requirements in any way. Seller shall meet the required delivery schedule/performance requirements unless Buyer grants a waiver or extension. (q) Seller shall not bill for personnel, who are not working on the contract while that Seller employee’s clearance investigation is pending.