Specifications

New York State Office of General Services
Solicitation Number 1767 Integrated Facility Management
Page 52 of 54
BACKGROUND CHECKS
Requirements
Requirements of this clause apply to the successful bidder (Contractor) of the contract who will be
performing on-site work for OGS under the contract resulting from this solicitation. The cost to the
Contractor for performing requirements of this section, shall be included in the bidder‘s response to
this solicitation.
Definitions
For purposes of this clause, the following definitions apply:
(1) On-Site: ``On-site'' refers to any State-owned or leased space open to the public or at which
State business operations are conducted.
(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 at OGS on-site locations without undue risk to the
interests of the State.
(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 State.
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 Office
of General Services.
(2) Contractor shall maintain a continuous list of background checks and suitability determinations
noted above, and shall provide this list to the Facility Manager prior to the contract
commencement date. The list shall be updated and resubmitted to the Facility Manager as
changes occur, continually keeping the Facility Manager updated.
(3) The Commissioner of General Services, or his designee (the ―Commissioner‖), on a case-by-
case basis, may, either temporarily or permanently, waive the requirements of this clause, in
whole or in part, 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 State's interests.
Background Check
(1) The Contractor is responsible, at its own expense, 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
secured areas. Contractors are required to maintain records of background checks and
suitability determinations for the term of the contract, and to make them available to the State
when requested.
(2) At a minimum, the background check and suitability determination must include an evaluation
of:
(i) Verification that the individual is not listed on a national watched person database. The
following link has information about a data available.
http://www.treas.gov/offices/enforcement/ofac/sdn/index.html. The following link has a
PDF file of a list of SPECIALLY DESIGNATED NATIONALS AND BLOCKED PERSONS
http://www.treas.gov/offices/ enforcement/ofac/sdn/t11sdn.pdf;
(ii) Criminal History checks (using a national database that contains criminal histories and
supplement this search by checks of NYS Office of Court Administration and comparable
searches of states where the person has lived, worked or attended school during the past
5 years) Or by obtaining the record of convictions from NYSOCA directly and from their
equivalents from other states where the person might have lived, worked or attended
school during the last 5 years;