## SUBJECT: CONTRACTOR PERSONNEL SCREENING PROCESS

In consultation with the BPA Security and Emergency Management Office
and Office of the Chief Information Officer, the requirements are
modified for screening prospective Contractor employees prior to
granting access to BPA facilities. The new requirements include changes
to employment history and education verification, the law enforcement
check, and BPA access to Contractor screening records, and also
clarifies BPA responsibility for additional screenings for an contract
employee who needs a higher level security clearance.

In accordance with the clause usage prescription at BPI 23.4.1 and this
Temporary Instruction, Contracting Officers shall insert the revised
clause text, provided below, into solicitations and contracts that
require contractor access to BPA facilities as follows:

All solicitations issued on or after the date of this Temporary
Instruction.

All contracts awarded on or after the date of this Temporary
Instruction.

> All existing contracts whenever the contract is next modified for any
> other reason.

######### Clause 23-4 SCREENING REQUIREMENTS FOR PERSONNEL HAVING ACCESS TO BPA FACILITIES (MAR 03) (BPI 23.4.1)

\(a\) The following definitions shall apply to this contract:

\(1\) \"Access\" means the ability to enter BPA facilities as a direct
or indirect result of the work required under this contract.

\(2\) \"Sensitive unclassified data\" means information requiring a
degree of protection due to the risk and magnitude of loss or harm that
could result from inadvertent or deliberate disclosures, alteration, or
restriction. Sensitive unclassified data may include, but are not
limited to: personnel data maintained in systems or records subject to
the Privacy Act of 1974, Pub. L. 93-579 (5 U.S.C. 552a); proprietary
business data within the meaning of l8 U.S.C. 1905 and the Freedom of
Information Act (5 U.S.C. 552); unclassified controlled nuclear
information within the meaning of 42 U.S.C. 2168; energy supply data;
economic forecasts; and financial data.

\(b\) The contractor is responsible for protecting BPA property
including sensitive unclassified data. Based on the review discussed in
paragraph (d) below, the contractor shall make a determination as to an
employee\'s eligibility or continued eligibility for access to such BPA
facilities. When the contractor is an individual, or requires a security
clearance level greater than general access, BPA will conduct the
screening.

\(c\) As part of its effort to protect BPA facilities and attendees of
on-site child care centers, the contractor shall establish a personnel
screening procedure for those employees that have access to such
facilities. The personnel screening process need not be applied to
contractor personnel who currently have a DOE or other government agency
access authorization or security clearance.

\(d\) In instances where an individual requiring access is an employee
of a subcontractor, the contractor shall be responsible for ensuring
that the subcontractor has successfully screened the employee before
granting the individual eligibility for access.

\(e\) The personnel screening activities listed in (1) through (5) below
shall be conducted to determine an individual\'s eligibility or
continued eligibility for access to BPA facilities. Such a determination
shall not be construed as a substitute for determining whether an
individual is suitable for employment. At a minimum, the personnel
screening process shall include:

\(1\) Verification of employment history for the past five (5) years;

\(2\) A review of references listed on the employment application;

\(3\) If education is a prerequisite of employment, verify education
(high school or beyond), that resulted in the awarding of a degree,
including name of institution(s) and degree title(s);

\(4\) A credit check for the past five (5) years; and

\(5\) A nation-wide law enforcement background check to include a county
and state check based on a social security trace covering the past five
(5) years.

\(f\) In addition to the requirements described in (e) and (h) of this
clause, all contractor employees who may be accessing any of BPA\'s
information resources must participate annually in a BPA-furnished
information resources security training course.

\(g\) If a security clearance is required, then the applicant\'s job
qualifications and suitability must be established prior to the
submission of a security clearance request to DOE. In the event that an
applicant is specifically hired for a position that requires a security
clearance, then the applicant shall not be placed in that position until
a security clearance is granted by DOE.

\(h\) Contractor approval for an individual\'s access shall be based
upon the issues below and constitutes a determination that permitting
the individual to access BPA facilities is an acceptable risk which will
not lead to improper use, manipulation, alteration, or destruction of
BPA property or data, including unauthorized disclosure. Positive
findings in any of these issues shall be sufficient grounds to deny
access.

\(1\) Any behavior, activities, or associations which may show the
individual is not reliable or trustworthy.

\(2\) Any deliberate misrepresentations, falsifications, or omissions of
material facts.

\(3\) Any criminal, dishonest or immoral conduct (as defined by local
Law), or substance abuse.

\(4\) Any illness, including any mental condition, of a nature which, in
the opinion of competent medical authority, may cause significant defect
in the judgment or reliability of the employee, with due regard to the
transient or continuing effect of the illness and the medical findings
in such case.

\(i\) The contractor\'s screening process shall provide that when an
initial determination is made to disapprove, the individual shall be
informed of the determination and the reasons therefore. The contractor
shall afford the individual an opportunity to refute or rebut the
information that has formed the basis for the initial determination. If
the individual provides new information, the unfavorable information
that formed the basis in the initial disapproval of access, as well as
the new information presented by the individual, shall again be reviewed
in order to render a final determination as to whether access shall be
approved. The individual shall be informed of the final determination.

\(j\) The individual\'s employment records or personnel file shall
contain a copy of the final determination and the basis for the
determination. If access is approved, annual reviews of the
individual\'s employment records or personnel file shall be conducted by
the employer to assure the individual\'s continued eligibility for
access. Annual reviews and re-certification or approvals for access
shall be noted in the records or file.

\(k\) The contractor shall make available the personnel screening final
determination, as required, to the BPA Security Officer or designee(s),
the BPA Cyber Security Program Manager or designee(s), and Government
representatives conducting contract audits or cyber security program
compliance reviews.

\(l\) The contractor is responsible for obtaining from its employees any
BPA-issued identification and/or access cards immediately upon
termination of an employee\'s employment with the contractor, and for
returning it to the COTR, who will forward it to Security Management.

\(m\) The substance of this clause shall be included in any subcontracts
in which the subcontractor employees will have access to BPA facilities.

(End of Clause)

## FILING INSTRUCTIONS

Insert this document, pages 1-3, as the first item behind the BPI Manual
Tab labeled Temporary Instructions.

DELETE and REPLACE the Table of Contents, Page 3, behind the BPI Manual
Tab labeled Table of Contents.

Make an appropriate notation in the margin of the BPI manual text at
23.4.1 and at Clause 23-4 to reference this Temporary Instruction.