As Prescribed in 4.1303, insert the following clause:
(a) Work that is performed under this contract/task order, in full or in part, must be performed at the Defense Logistics Agency (DLA) HQ or DLA office(s), or supply chain/field activity, and therefore requires 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 investigation prior to commencing work on a contract. Additionally, all DoD consultants and contractor personnel who access federally-controlled information systems must be assigned to positions which are designated at one of three sensitivity levels: IT-I (privileged), IT-II (limited privileged) and IT-III (non-privileged) (Ref DODI 8500.2, Para E2.1.36.). For IT-I, a Single Scope Background Investigation (SSBI) is required; for IT-II a National Agency Check with Law and Credit Checks (NACLC) is required; and for IT-III designated positions, a National Agency Check with written Inquiry (NACI) is required.
(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 investigation. 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 or when an employee is proposed for work requiring access to a federally-controlled facility or information system. 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, 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 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. Submission shall include a Contractor Request Form, with supporting documentation, which states what information technology level and access is required for the position. Request shall include:
(1) SF 85P, Questionnaire for Public Trust Positions;
(2) FD Form 258, Fingerprint Card (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); and
(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 and supply chain/field activity site Security Office.
(d) If an investigation is required for unescorted entry purposes, the National Agency Check with written Inquiry (NACI) results will be forwarded to the HQ DLA Enterprise Support (DES) Public Safety Office, Personnel Security Division (DES-SC) for review and determination regarding the applicant’s eligibility to occupy the specified position in performance of the DLA contract. If an SSBI, NACLC or NACI is required for logical/IT access, the results of the investigation are returned to the Defense Industrial Security Clearance Office (DISCO) for review and determination regarding the applicant’s eligibility to access DLA information systems. Determinations made by DISCO will be reflected in the Joint Personnel Adjudications System (JPAS).
(e) A waiver to allow assignment of an individual to commence work prior to completion of the NACI 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 and supply chain/field activity 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, may not 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. When the Government, in its sole discretion, determines that the contractor’s continued presence on a federally-controlled facility or access to federally-controlled information systems presents an unacceptable security risk, the Government retains the right to require removal of contractor personnel, regardless of prior clearance or adjudication status. 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 NACI, 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 and supply chain/field activity 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, may 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 (CAC) in accordance with procedures established at the DLA HQ or field activity office.
(i) Any new or replacement contractor employee must meet the NACI requirements of this clause, and 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 commencement of work 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, is terminated, or no longer requires admittance to the federally-controlled facility or access to federally-controlled information systems. The contractor is responsible for the turning in of identification badges, CAC Card and vehicle decal. The contractor must also complete the Information Operations Out-processing Checklist, which can be obtained by contacting the Information Assurance Operations Office (J6FA). The checklist must be completed, initialed and dated before submitting at the final checkout point.
(k) These 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.
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