A.  Background Checks

These comments relate to the clause at 252.247-7027(c)(2) as promulgated, which requires that any individual who is exempted by paragraph (c)(1) of the clause from the requirements imposed on riding gang members by 46 U.S.C. 8106 must pass a DoD background check before going aboard a vessel. With regard to these exempt individuals, the contractor shall submit the name and "other necessary information" for a background check to the Government official specified in the contract.

Comment: One respondent recommended that, in order to ensure consistency of information required across DoD contracting agencies, the final rule include guidelines as to what is considered "additional necessary information" in the case of an alien to be employed on a vessel under subparagraphs (i)-(iv) of paragraph (c)(1). Such guidelines could, for example, be constructed to be limited/consistent with the types of personal identifying and employment-related information required to obtain a U.S. nonimmigrant visa for an individual to enter the U.S. temporarily for business as required for an alien to be eligible for issuance of a transportation security card under 46 U.S.C. 70105, including inter alia, a C-1/D Crewman Visa.

DoD Response: The clause at 252.247-7027 has been revised to state that the contractor will submit the name and other "biographical" information necessary to the Government official specified in the contract for the purposes of conducting a background check. The term biographical encompasses the following examples of information required, such as last (previous and current), first, and middle name, date of birth, social security account number, passport number, and nationality listed on the passport, as applicable.

Comment: A respondent commented on the "approving official specified in the contract." The underlying rationale for the exemptions provided by section 3504 of the FY 2009 NDAA, was to grant DoD greater flexibility to allow individuals to perform functions unrelated to the operation or maintenance of the vessel transporting DoD cargoes, outside the parameters applied to riding gang members on U.S.-flag freight vessels generally under 46 U.S.C. 8106. It is, therefore, recommended that the language of the proposed clause be amended to read as follows to reinforce DoD's role in the approval process:

"The Contractor shall submit the name and other necessary information for a background check to the DoD Contracting Officer or his designee for approval."

DoD response: The contracting officer or designee is not the approving official for the background check. The clause has been revised to state that "the Contractor is required to submit the name and other biographical information necessary to the Government official specified in the contract for the purposes of conducting a background check." The Government official specified in the contract could be the program manager, contracting officer, or other designee depending upon the contract and agency. Contact information for the specific DoD law enforcement agency approving the background check, COMSC N34 (Director of Force Protection for Military Sealift Command), and specific procedural guidance for DoD personnel obtaining the background check is contained in the DFARS companion resource, Procedures, Guidance, and Information (PGI), at PGI 247.5.