Specifications

New York State Office of General Services
Solicitation Number 1767 Integrated Facility Management
Page 53 of 54
(iii) DMV driving records;
(iv) Social Security Number trace;
(v) Verification of U.S. citizenship or legal resident status; and
(vi) Residence (past 3 years) (should be requested on employment application to compare
against data from DMV license and other searches for verification);
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 State:
(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;
(vii) The likelihood of continuation of the conduct.
(viii) How, and if, the conduct bears upon potential job responsibilities; and
(ix) The employee‘s employment history before and after the conduct.
Each suitability determination should be documented in a narrative. If negative items
are mitigated by subsequent passage of time or completion of substance abuse
programs this rationale should be included in the narrative. A negative suitability
determination must be supported by a finding that the adverse information has a direct
bearing on the potential job duties or that it is deemed sufficiently serious to bar the
employee from a State site.
Employee Removal.
Whenever a contractor becomes aware that any employee working at an on-site location under an
OGS contract becomes an unacceptable risk to the State; the contractor shall immediately remove
that employee from the site, notify the Commissioner that such a removal has taken place, and
replace them with a qualified substitute. If the approval of the Commissioner was initially required for
the removed employee, Commissioner approval is required for the replacement employee.
Commissioner Notification
Prior to commencement of on-site contract performance, the contractor shall notify the Commissioner
that the background checks and suitability determinations required by this clause have been
completed for affected individuals.