[Federal Register Volume 68, Number 14 (Wednesday, January 22, 2003)]
[Proposed Rules]
[Pages 2988-2993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-1361]
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ENVIRONMENTAL PROTECTION AGENCY
48 CFR Parts 1511 and 1552
[FRL-7441-1]
Acquisition Regulation: Background Checks for Environmental
Protection Agency Contractors Performing Services On-Site
AGENCY: Environmental Protection Agency.
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
amend the EPA Acquisition Regulation (EPAAR) to add a clause requiring
contractors (and subcontractors) to perform background checks and make
suitability determinations for contractor (and subcontractor) employees
performing services on or within Federally-owned or leased space and
facilities, commercial space primarily occupied by Federal employees,
and Superfund, Oil Pollution Act, and Stafford Act sites. The clause
will require contractors (and subcontractors) to perform background
checks and make suitability determinations on their employees before
the employees can perform on-site contract services for the EPA.
Contracting Officers will be allowed to waive the requirements of the
clause on a case-by-case basis. The process contemplated by the clause
will allow EPA to mitigate any actual or potential threat to the public
health, welfare and the environment.
DATES: Comments should be submitted no later than March 24, 2003.
ADDRESSES: Comments may be submitted by mail, electronically, or
through hand delivery/courier. For comments submitted by mail, send
three copies of your comments to: OEI Docket, Title: Background Checks
for EPA Contractors Performing Services On-Site, EPA Docket Center
(28221T), 1200 Pennsylvania Ave., NW, Washington DC, 20460, Attention
Docket ID No. OARM-2002-0001. For comments submitted electronically or
through hand delivery/courier, please follow the detailed instructions
as provided in Unit I of the SUPPLEMENTARY INFORMATION section.
FOR FURTHER INFORMATION CONTACT: Thomas Valentino, U.S. EPA, Office of
Acquisition Management, Mail Code (3802R), 1200 Pennsylvania Avenue,
NW, Washington, DC 20460, Telephone: (202) 564-4522.
SUPPLEMENTARY INFORMATION: Information on the proposed regulation for
background checks for contractors (and subcontractors) performing on-
site work is organized as follows:
I. General Information
A. How Can I Get Copies of This Document and Other Related Information?
EPA has established an official public docket for this action under
Docket ID No. OARM-2002-0001. The official public docket consists of
the documents specifically referenced in this action, any public
comments received, and other information related to this action. The
official public docket is the collection of materials that is available
[[Page 2989]]
for public viewing at the EPA Docket Center, (EPA/DC) EPA West, Room
B102, 1301 Constitution Ave., NW, Washington, DC. The EPA Docket Center
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Reading
Room is (202) 566-1742.
An electronic version of the public docket is available through
EPA's electronic public docket and comment system, EPA Dockets. You may
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public
comments, access the index listing of the contents of the official
public docket, and to access those documents in the public docket that
are available electronically. Once in the system, select ``search,''
then key in the appropriate docket identification number.
Certain types of information will not be placed in the EPA Dockets.
Information claimed as Confidential Business Information (CBI) and
other information whose disclosure is restricted by statute, which is
not included in the official public docket, will not be available for
public viewing in EPA's electronic public docket. EPA's policy is that
copyrighted material will not be placed in EPA's electronic public
docket but will be available only in printed, paper form in the
official public docket. Although not all docket materials may be
available electronically, you may still access any of the publicly
available docket materials through the docket facility identified in
Unit I.A.
For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available for public viewing in EPA's electronic public
docket as EPA receives them and without change, unless the comment
contains copyrighted material, CBI, or other information whose
disclosure is restricted by statute. When EPA identifies a comment
containing copyrighted material, EPA will provide a reference to that
material in the version of the comment that is placed in EPA's
electronic public docket. The entire printed comment, including the
copyrighted material, will be available in the public docket.
Public comments submitted on computer disks that are mailed or
delivered to the docket will be transferred to EPA's electronic public
docket. Public comments that are mailed or delivered to the Docket will
be scanned and placed in EPA's electronic public docket. Where
practical, physical objects will be photographed, and the photograph
will be placed in EPA's electronic public docket along with a brief
description written by the docket staff.
B. How and to Whom Do I Submit Comments?
You may submit comments electronically, by mail, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate docket identification number in the subject line on the
first page of your comment. Please ensure that your comments are
submitted within the specified comment period. Comments received after
the close of the comment period will be marked ``late.'' EPA is not
required to consider these late comments, but may consider them if time
permits.
1. Electronically. If you submit an electronic comment as
prescribed below, EPA recommends that you include your name, mailing
address, and an e-mail address or other contact information in the body
of your comment. Also include this contact information on the outside
of any disk or CD ROM you submit, and in any cover letter accompanying
the disk or CD ROM. This ensures that you can be identified as the
submitter of the comment, and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties, or needs
further information on the substance of your comment. EPA's policy is
that EPA will not edit your comment, and any identifying or contact
information provided in the body of a comment will be included as part
of the comment that is placed in the official public docket, and made
available in EPA's electronic public docket. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment.
i. EPA Dockets. Your use of EPA's electronic public docket to
submit comments to EPA electronically is EPA's preferred method for
receiving comments. Go directly to EPA Dockets at http://www.epa.gov/edocket, and follow the online instructions for submitting comments.
Once in the system, select ``search,'' and then key in Docket ID No.
OARM-2002-0001. The system is an ``anonymous access'' system, which
means EPA will not know your identity, e-mail address, or other contact
information unless you provide it in the body of your comment.
ii. E-mail. Comments may be sent by electronic mail (e-mail) to
[email protected], Attention Docket ID No. OARM-2002-0001. In contrast
to EPA's electronic public docket, EPA's e-mail system is not an
``anonymous access'' system. If you send an e-mail comment directly to
the Docket without going through EPA's electronic public docket, EPA's
e-mail system automatically captures your e-mail address. E-mail
addresses that are automatically captured by EPA's e-mail system are
included as part of the comment that is placed in the official public
docket, and made available in EPA's electronic public docket.
iii. Disk or CD ROM. You may submit comments on a disk or CD ROM
that you mail to the mailing address identified in Unit I.B.2. These
electronic submissions will be accepted in WordPerfect or ASCII file
format. Please avoid the use of special characters and any form of
encryption.
2. By Mail. Send three copies of your comments to: OEI Docket,
Title: Background Checks for EPA Contractors Performing Services On-
Site, EPA Docket Center (28221T), 1200 Pennsylvania Ave., NW.,
Washington, DC, 20460, Attention Docket ID No. OARM-2002-0001.
3. By Hand Delivery or Courier. Deliver your comments to: EPA
Docket Center, EPA West, Room B102, 1301 Constitution Ave, NW.,
Washington, DC 20004, Attention Docket ID No. OARM-2002-0001. Such
deliveries are only accepted during the Docket's normal hours of
operation (8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays).
C. What Should I Consider as I Prepare My Comments for EPA?
You may find the following suggestions helpful for preparing your
comments:
1. Explain your views as clearly as possible.
2. Describe any assumptions that you used.
3. Provide any technical information and/or data you used that
support your views.
4. If you estimate potential burden or costs, explain how you
arrived at your estimate.
5. Provide specific examples to illustrate your concerns.
6. Offer alternatives.
7. Make sure to submit your comments by the comment period deadline
identified.
8. To ensure proper receipt by EPA, identify the appropriate docket
identification number in the subject line on the first page of your
response. It would also be helpful if you provided the name, date, and
Federal Register citation related to your comments.
[[Page 2990]]
II. Background
The events of September 11, 2001, have heightened both Government
and private industry awareness relative to protecting facilities and
the personnel who work therein. EPA has a large number of contracts
that require contractor (and subcontractor) employees to access
federally-owned or leased facilities and space, federally-occupied
facilities, and Superfund, Oil Pollution Act, and Stafford Act sites.
Although such access is often necessary for contract performance, it
nevertheless creates significant potential risks for EPA. While
background checks provide no guarantee as to a person's loyalty,
trustworthiness, or suitability for contract performance, they provide
valuable information that may prove useful in determining an
individual's suitability to perform on-site services for the EPA.
III. Proposed Rule
This proposed rule would amend the EPAAR to create an EPA contract
clause that will require contractors (and subcontractors) to perform
background checks and make suitability determinations for contractor
(and subcontractor) employees performing services on-site.
IV. Statutory and Executive Order Reviews
Executive Order 12866
This proposed rule is not a significant regulatory action for the
purposes of Executive Order 12866; therefore, no review is required by
the Office of Information and Regulatory Affairs within the Office of
Management and Budget (OMB).
Paperwork Reduction Act
The information collection requirements in this proposed rule have
been submitted for approval to the Office of Management and Budget
(OMB) under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. The
Information Collection Request (ICR) document prepared by EPA has been
assigned ICR No. 2102.01.
The EPA uses contractors to perform services on or within
federally-owned or leased facilities and space, federally-occupied
facilities, and Superfund, Oil Pollution Act, and Stafford Act sites.
Information collected by on-site contractors for performing background
checks and making suitability determinations is required for all
contractor employees before the individual employees can perform on-
site contract services for the EPA. The Contractor is also responsible
for maintaining records associated with all background checks and
suitability determinations.
The annual public reporting and record keeping burden for this
collection of information is a total of 7,000.5 hours annually. This
figure was determined by multiplying the average number of background
checks per annum (4,667) by the estimated time to complete one
collection request (1.5 hours per response).
The total annual costs are estimated at $590,002.14. This figure
was determined by multiplying the cost associated with one collection
request ($126.42) by the average number of collections per annum
(4,667). This figure does not include any capital or start-up costs
because it will not be necessary for respondents to acquire any capital
goods to provide the requested information.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
An Agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15.
To comment on the Agency's need for this information, the accuracy
of the provided burden estimates, and any suggested methods for
minimizing respondent burden, including the use of automated collection
techniques, EPA has established a public docket for this ICR under
Docket ID No.OARM-2002-0001, which is available for public viewing at
the OEI Docket in the EPA Docket Center (EPA/DC), EPA West, Room B102,
1301 Constitution Ave., NW., Washington, DC. The EPA Docket Center
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Reading
Room is (202) 566-1745 and the telephone number for the OEI Docket is
(202) 566-1752. An electronic version of the public docket is available
through EPA Dockets (EDOCKET) at http://www.epa.gov/edocket. Use
EDOCKET to submit or view public comments, access the index listing of
the contents of the public docket, and to access those documents in the
public docket that are available electronically. Once in the system,
select ``search,'' then key in the docket ID number identified above.
Also, you can send comments to the Office of Information and Regulatory
Affairs, Office of Management and Budget, 725 17th Street, NW.,
Washington, DC 20503, Attention: Desk Office for EPA. Please include
the EPA Docket ID No. OARM-2002-0001 in any correspondence. Since OMB
is required to make a decision concerning the ICR between 30 and 60
days after January 22, 2003, a comment to OMB is best assured of having
its full effect if OMB receives it by February 21, 2003. The final rule
will respond to any OMB or public comments on the information
collection requirements contained in this proposal.
Regulatory Flexibility Act (RFA), as Amended By the Small Business
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et
seq.
The RFA generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statute unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small organizations, and small
governmental jurisdictions.
For purposes of assessing the impact of today's proposed rule on
small entities, ``small entity'' is defined as: (1) A small business
that meets the definition of a small business found in the Small
Business Act and codified at 13 CFR 121.201; (2) a small governmental
jurisdiction that is a government of a city, county, town, school
district or special district with a population of less than 50,000; and
(3) a small organization that is any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.
After considering the economic impacts of today's proposed rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. In
determining whether a rule has a significant economic impact on a
substantial number of small entities, the
[[Page 2991]]
impact of concern is any significant adverse economic impact on small
entities, because the primary purpose of the regulatory flexibility
analyses is to identify and address regulatory alternatives ``which
minimize any significant economic impact of the proposed rule on small
entities.'' 5 U.S.C. 603 and 604. Thus, an agency may certify that a
rule will not have a significant economic impact on a substantial
number of small entities if the rule relieves regulatory burden, or
otherwise has a positive economic effect on all of the small entities
subject to the rule.
This proposed rule will not have a significant economic impact on
small entities because the contractor will be able to include any costs
incurred in complying with clause requirements as part of the costs
incurred under the contract, either directly or indirectly (depending
on the contract type, and the contractor's treatment of costs). In
addition, the types of background search services to be undertaken
pursuant to the proposed clause are commercially available to all
businesses.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub.
L. 104-4, establishes requirements for Federal agencies to assess their
regulatory actions on State, local, and Tribal governments, and the
private sector. This proposed rule does not contain a Federal mandate
that may result in expenditures of $100 million or more for State,
local, and Tribal governments, in the aggregate, or the private sector
in one year. Any private sector costs for this action relate to
paperwork requirements and associated expenditures that are far below
the level established for UMRA applicability. Thus, this proposed rule
is not subject to the requirements of sections 202 and 205 of the UMRA.
Executive Order 13045
Executive Order 13045, entitled ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997), applies to any rule that: (1) Is determined to be economically
significant as defined under Executive Order 12866, and (2) concerns an
environmental health or safety risk that EPA has reason to believe may
have a disproportionate effect on children. If the regulatory action
meets both criteria, the Agency must evaluate the environmental health
or safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
This proposed rule is not subject to Executive Order 13045 because
it is not an economically significant rule as defined by Executive
Order 12866, and because it does not involve decisions on environmental
health or safety risks.
Executive Order 13132
Executive Order 13132, entitled, ``Federalism'' (64 FR 43255,
August 10, 1999), requires EPA to develop an accountable process to
ensure ``meaningful and timely input by State and local officials in
the development of regulatory policies that have federalism
implications.'' ``Policies that have federalism implications'' are
defined in the Executive Order to include regulations that have
``substantial direct effects on the States, on the relationship between
the national Government and the States, or on the distribution of power
and responsibilities among the various levels of government.''
Under section 6 of Executive Order 13132, EPA may not issue a
regulation that has federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal Government provides the funds necessary to pay the direct
compliance costs incurred by State and local governments, or EPA
consults with State and local officials early in the process of
developing the proposed regulation. EPA also may not issue a regulation
that has federalism implications and that preempts State law, unless
the Agency consults with State and local officials early in the process
of developing the proposed regulation.
This proposed rule does not have federalism implications. It will
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. This proposed rule would amend
the EPAAR to create an EPA contract clause that will require
contractors to perform background checks for employees performing
services on-site. Thus, the requirements of section 6 of the Executive
Order do not apply to this proposed rule.
Executive Order 13175
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' ``Policies that have tribal
implications'' are defined in the Executive Order to include
regulations that have ``substantial direct effects on one or more
Indian tribes, on the relationship between the Federal Government and
the Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.''
This proposed rule does not have tribal implications. It will not
have substantial direct effects on tribal governments, on the
relationship between the Federal Government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified in Executive Order 13175.
Thus, Executive Order 13175 does not apply to this proposed rule.
In the spirit of Executive Order 13175, and consistent with EPA
policy to promote communication between EPA and tribal governments, EPA
specifically solicits additional comment on this proposed rule from
tribal officials.
National Technology Transfer and Advancement Act of 1995
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Pub. L. 104-113, section 12(d) (15 U.S.C. 272
note), directs EPA to use voluntary consensus standards in its
regulatory activities, unless to do so would be inconsistent with
applicable law, or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures and business practices) that are developed or
adopted by voluntary consensus standards bodies. The NTTAA directs EPA
to provide Congress, through OMB, explanations when the Agency decides
not to use available and applicable voluntary consensus standards.
This proposed rule does not involve technical standards. Therefore,
EPA is not considering use of any voluntary consensus standards.
Executive Order 13211 (Energy Effects)
This proposed rule is not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution or Use'' (66 FR 28335 (May 22, 2001)), because it
is not a significant regulatory action under Executive Order 12866.
[[Page 2992]]
List of Subjects in 48 CFR Parts 1511 and 1552
Environmental protection, Government procurement.
Dated: January 15, 2003.
John C. Gherardini, III,
Acting Director, Office of Acquisition Management.
Therefore, 48 CFR Chapter 15 is proposed to be amended as set forth
below:
PART 1511--[AMENDED]
1. The authority citations for Part 1511 continues to read as
follows:
Authority: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C.
486(c).
2. Section 1511.011-81 is added to read as follows:
1511.011-81 Background Checks for EPA Contractors Performing Services
On-Site.
(a) Contracting Officers shall insert the clause at 1552.211-81 in
all solicitations and contracts, except for commercial item
acquisitions, where it is expected that the contractor will be required
to perform services on or within Federally-owned or leased space and
facilities, commercial space primarily occupied by federal employees,
or Superfund, Oil Pollution Act, or Stafford Act sites. The successful
awardee must complete the background checks and suitability
determinations for individuals before they may begin on-site
performance under the contract. This clause is also required, when
applicable, for work to be performed on-site that is ordered under non-
EPA contracts.
(b) Contracting Officers may include the clause described in
paragraph (a) of this clause in solicitations and contracts other than
those identified in paragraph (a) of this clause, including commercial
item acquisitions if deemed appropriate, if determined necessary in
order to protect the Government's interests and national security.
(c) Contracting Officers, on a case-by-case basis, may, either
temporarily or permanently, waive the requirement for background checks
and suitability determinations if they determine, in writing, that they
are not necessary at a specific location, or for a specific individual,
in order to protect the Government's interest and national security.
(d) As used in the solicitation and contract clause, Superfund or
CERCLA refers to the ``Comprehensive Environmental Response,
Compensation and Liability Act of 1980 (CERCLA, as amended by SARA in
1986), 42 U.S.C. 9601; the Oil Pollution Act refers to the Clean Water
Act as amended by the Oil Pollution Act of 1990 (OPA), 33 U.S.C. 2701;
and the Stafford Act is the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121.
PART 1552--[AMENDED]
3. The authority citation for Part 1552 continues to read as
follows:
Authority: 5 U.S.C. 301; Sec. 205(c), 63 Stat. 390, as amended,
40 U.S.C. 486(c); and 41 U.S.C. 418(b).
4. Section 1552.211-81 is added to read as follows:
1552.211-81 Background Checks for EPA Contractors Performing Services
On-Site.
As prescribed in 1511.011-81, insert the following clause:
BACKGROUND CHECKS FOR EPA CONTRACTORS PERFORMING SERVICES ON-SITE (XXX
2003)
(a) The requirements of this clause apply to the successful
awardee(s) of the contract who will be performing on-site work for
EPA under the contract.
(b) Definitions.
For purposes of this clause, the following definitions apply:
(1) On-Site: ``On-site'' refers to any federally-owned or leased
space and facilities and any commercial space primarily occupied by
federal workers. It also includes sites where the Environmental
Protection Agency (EPA) is working under the authority of CERCLA,
the Oil Pollution Act, or the Stafford Act.
(2) Suitability: ``Suitability'' refers to identifiable
character traits and past conduct which are reasonably sufficient to
indicate whether a given individual is likely or not likely to be
able to perform the requirements of a contract or subcontract at EPA
on-site locations without undue risk to the interests of the
Government and the national security.
(3) Suitability determination: A ``suitability determination''
is a determination that there are reasonable grounds to believe that
an individual will likely be able to perform the contract
requirements on-site without undue risk to the interests of the
Government and the national security.
(c) Applicability.
(1) Contractors shall perform background checks and make
suitability determinations on contractor employees before the
individual employees can perform on-site contract services for the
EPA.
(2) Contracting Officers, on a case-by-case basis, may, either
temporarily or permanently, waive the requirements of this clause,
if they determine in writing that background checks and suitability
determinations are not necessary at a specific location, or for a
specific individual, in order to protect the Government's interests
and national security.
(d) Background Check.
(1) The Contractor is responsible for completing background
checks and making suitability determinations on its employees prior
to the employee beginning on-site work. Compliance with the
requirement for performing a background check and making a
suitability determination shall not be construed as providing a
contractor employee clearance to have access to classified
information or confidential business information. Contractors are
required to maintain records of background checks and suitability
determinations for four years after they are completed, and to make
them available to the Government when requested.
(2) At a minimum, the background check and suitability
determination must include an evaluation of:
(i) Law enforcement checks (Federal, State, and Local for the
past 5 years);
(ii) Credit report;
(iii) Social Security Number trace;
(iv) Verification of U.S. citizenship or legal resident status;
(v) Employment history (past 5 years);
(vi) Education history (highest degree verified);
(vii) References (3 individuals);
(viii) Residence (past 3 years);
(ix) Military service discharge notice; and
(x) Professional license and certification.
(e) Background Check Guidelines.
(1) In making a suitability determination, the contractor shall
consider the following factors and evaluate them against the work to
be performed, the performance location, and the degree of risk to
the Government:
(i) Any loyalty or terrorism issue;
(ii) Patterns of conduct (e.g., alcoholism/drug addiction,
financial irresponsibility/major liabilities, dishonesty,
unemployability for negligence or misconduct, criminal conduct);
(iii) Dishonorable military discharge;
(iv) Felony and misdemeanor offenses;
(v) Drug manufacturing/trafficking/sale;
(vi) Major honesty issue (e.g., extortion, armed robbery,
embezzlement, perjury);
(vii) Criminal sexual misconduct;
(viii) Serious violent behavior (e.g., rape, aggravated assault,
arson, child abuse, manslaughter);
(ix) Illegal use of firearms/explosives; and
(x) Employment related misconduct involving dishonesty, criminal
or violent behavior.
(2) The contractor shall evaluate any adverse information about
an individual by considering the following factors before making a
suitability determination:
(i) The nature, extent and seriousness of the conduct;
(ii) The circumstances surrounding the conduct;
(iii) The frequency and recency of the conduct;
(iv) The individual's age and maturity at the time of the
conduct;
(v) The presence or absence of rehabilitation and other
pertinent behavior changes;
(vi) The potential for pressure, coercion, exploitation, or
duress; and
(vii) The likelihood of continuation of the conduct.
(f) Employee Removal.
Whenever a contractor becomes aware that any employee working at
an on-site location
[[Page 2993]]
under an EPA contract becomes an unacceptable risk to the
Government, the contractor shall immediately remove that employee
from the site, notify the Contracting Officer that such a removal
has taken place, and replace them with a qualified substitute. If
the approval of the Contracting Officer was initially required for
the removed employee, Contracting Officer approval is required for
the replacement employee.
(g) Contracting Officer Notification.
Prior to commencement of on-site contract performance, the
contractor shall notify the Contracting Officer that the background
checks and suitability determinations required by this clause have
been completed for affected individuals.
(h) Flowdown Provision.
The Contractor agrees to insert terms that conform substantially
to the language of this clause in all subcontracts under this
contract.
(End of clause)
[FR Doc. 03-1361 Filed 1-21-03; 8:45 am]
BILLING CODE 6560-50-P