a. Before conducting an interview with an employee that could lead to disciplinary action, the employee is entitled to union representation during the interview upon request. Clause 52.222-50 provides that during performance of the contract, contractors, their employees, and their agents may not: (1) engage in severe forms of trafficking in persons; (2) procure commercial sex acts; (3) use forced labor in performance of the contract; (4) withhold or destroy employee identification or immigration documents; (5) use fraudulent tactics in recruiting workers or use recruiters who engage in such tactics; (6) charge employees recruitment fees; (7) fail to provide, in certain circumstances, return transportation at the end of employment; or (8) provide substandard housing. -Improper use of privileged access The hiring entity or employer that paid the independent contractors must fill out the return to report all non-employee compensations made during a tax year to the IRS. t. e. Affirmative action in the United States is a set of laws, policies, guidelines, and administrative practices "intended to end and correct the effects of a specific form of discrimination" [1] that include government-mandated, government-approved, and voluntary private programs. When is an applicant required to submit fingerprints in addition to his/her security application? June 17, 2022 . Insurance certificates or proof of insurance. -any event that may impact the status of the facility -anything that affects the proper safeguarding of classified information -any indication that classified information has been lost or compromised. Which of the following BEST identifies the goal of OPSEC? The NISP ensures the partnership between the federal government and private industry places the burden of risk on the subcontractors. Submit a paper report of independent contractors using one of the following options: Download a fill-in DE 542 (PDF) form. Which of the following is a technology-related indicator? Wage increases and other increases conditioned upon reimbursement by the government are not permissible under the SCA. Only select Cognizant Security Agencies (CSAs) have hotlines for reporting industrial security issues. Adam is an expert in his organizations dual use technology. Given the complexities involved, employers would be well-served to address their particular situations with experienced counsel. We have detected that Javascript is not enabled in your browser. provides for early detection of OPSEC problems. True or false? DBA states that all government construction contracts over $2,000 to which a federal agency or the District of Columbia is a party must include provisions for paying workers on-site no less than the local prevailing wages and benefits as set by the DOL. When setting its negotiating strategy and objectives, the contractor should know which cost increases are budgeted for the contractor to pay and which expenses are reimbursable by the government client. Which of the following is considered a potential insider threat vulnerability? What is the probability that at most five of the freshmen reply "yes"? C.EO 13496 (Notification of Employee Rights under Federal Labor Law). Which of the following are things that adversaries want to know? What is the appropriate action? They must be allowed to carry over unused paid sick leave from year to year, although contractors can limit accrual to 56 hours. In order to determine our critical information, we need to consider both the friendly and adversary points of view. = 2 1/4. True Once there is a duty to bargain, the contractor must respond to the unions information requests within a reasonable time. Alternatively, the contractor can spend at least the same amount on health insurance benefits. In addition, because a contractor cannot require a successor contractor to reinstate the grievant, the CBA should state that the contractors back pay and reinstatement obligations end when the contract ends. Select ALL the correct responses. When the visit is a first-time visit and the DoD System of Records does not indicate that the visitor has signed an SF-312, The visitor must always sign it at every visit to any classified facility, When the visitor presents a visit authorization letter (VAL), When it is the visitors first visit to the cleared facility. Select all that apply. contractors must report which of these select all that apply. The agreement is the most fundamental document in a construction contract bundle. Training records management: Contractors must create and maintain records of all employee insider threat awareness programs initial and refresher training and those records must be available for review during DSS security vulnerability assessments. Therefore, consider including a clause providing that the requirement that the employer terminate an employee for failing to maintain good standing with the union will not be enforced if the termination would cause the employer to be non-compliant with its contract with the government client or to incur additional overtime expense. Under Executive Order (EO) 11246, employers with a covered supply or service federal contract or subcontract of at least $50,000 must engage in affirmative action efforts to increase the workforce representation of women and minorities. -Any event that may impact an individual's personnel security clearance He is invited to speak at a foreign conference. This answer has been confirmed as correct and helpful. allows for any changes in OPSEC factors over time. -A desire to appear well-informed -Accessing systems at unusual hours without authorization. Anyone who opposes or acts against your interest is called a(n), In analyzing the threat, we are concerned with adversaries that. Any form of violence Directed at an individual or group For a specific reason A member of your team openly discusses her financial difficulties and her inability to meet her financial obligations. What should you do? An employers right to seek medical certification for the leave is limited. Where can he find reporting procedures that pertain to his organization? What is the purpose of an annual clearance justification review? According to section 10.2.8, the general contractor should report any work-related accident in writing to the owner, and will be responsible for any costs the owner incurs related to the accident. Sharing details of your personal and professional lives of life online makes you _______________ adversaries. Which step of the analytical risk management process includes considering the impact to military and strategic advantage? Select all that apply. The EEO-1 report collects gender and race/ethnicity data by type of position. To ensure any classified material that may be of use in a follow-on contract is transported securely to the visitors organization, To ensure that all classified material has been properly stored and inventoried. In a right-to-work state, such provisions are prohibited unless the worksite is a federal enclave, meaning, it is exclusively subject to federal (and not state) law. Select all that apply. A Bridge Agreement is designed to be short-term to fill the gap until a completely new CBA can be negotiated. When cleared contractors visit a cleared facility or government installation, whose security requirements take precedence? In all cases, these events should be recorded in the contractor's property management system. The Wage and Hour Division of the DOL has created a standard form (WH-347) that contractors can use to submit the information. The Commander is responsible for the development of the AT plan. The minimum wage rate is annually increased by the Secretary of Labor. contractors are adequate for the protection of classified information. Any contact by cleared employees with known or suspected intelligence officers from any country. Select all that apply. Under the NLRA, a joint employment relationship will be found when one employer directly controls the terms and conditions of employment for another. The National Labor Relations Act (NLRA) governs the relationship between employers and the unions that represent their employees. When they identify assets, they should include only classified information. What Is Form 1099-NEC. What are some of the indicators Adam should look out for? Who has primary responsibility for the adjudication of personnel security background investigations? Risk of civil and criminal exposure also exist under the False Claims Act if a contractor knowingly allows employees to make false charges in connection with a federal contract. However, the results of negotiations will depend on a variety of factors, such as the parties leverage, bargaining strategy, bargaining objectives, the unions willingness to strike, the contractors ability to continue operating during a strike, the scope and degree of changes desired, the level of support for the union among employees, and the resolve of the contractors management and the government client to resist union pressure. Once the contractor has obtained facility clearance, it can request the applicable security clearance for its employees. What type of violation has occurred? This is discussed in more detail below. U. S. government employees and contractors must report which of the following? Here is a list of the most common construction contract documents, and what they include. The Construction Agreement. all of these are correct Provide for the early detection and referral of potential espionage cases. Companies doing business with the federal government must comply with a litany of complex laws and regulations that affect their day-to-day business operations. The acronym EAP stands for _____? prioritize the distribution of resources for applying countermeasures. Shift its marginal cost curve upward. G.EO 13672 (Sexual Orientation and Gender Identity Nondiscrimination). Additionally, beginning January 1, 2020, tipped employees performing work on or in connection with covered contracts generally must be paid a minimum cash wage of $7.55 an hour. The ______________ has been designated as the Cognizant Security Office (CSO) for the DoD and over 30 other non-DoD agencies. ], Witch one of the following statements best characterizes Arnold s view of world, WHICH OF THE FOLLOWING STATEMENTS IS TRUE ABOUT TECHNOLOGY AND INSIDER THREAT. Recipients should consult with counsel before taking any actions based on the information contained within this material. Contractors may decide whether they want to use E-Verify for all new hires and all existing non-exempt employees assigned to a federal contract, or for their entire non-exempt workforce (all new hires and all existing employees) throughout the entire company. In addition to withdrawal liability, other statutory liabilities applicable to the MPPs include the PPA. U.S. Government employees and contractors must report the following: Personal foreign travel; foreign contacts; speeches or books including information about involvement with the intelligence community. 5.1 Overview of the evaluation and selection of contractors. Procurement contracts for construction covered by the DBA, but not by the DBRA; Concession contracts, including any concessions contract excluded from the SCA by DOLs regulations at 29 CFR 4.133(b); Contracts in connection with federal property or lands and related to offering services for federal employees, their dependents, or the general public (this includes leases). An advantage of incorporating OPSEC principles in the planning stage of any operation is that it. XYZ Industries is a cleared facility that is moving its headquarters to a less expensive office space. Who might be interested in non-public information that an insider can provide? As just one example, changing the design of a tile floor is much easier to do before the tile is ordered, rather than after it's installed. -Actual, probable, or possible espionage In addition, covered contractors must self-disclose credible evidence of violations of certain criminal laws or the civil False Claims Act and significant over-payment.. As with race and gender data under EO 11246, VEVRAA and Section 503 require covered employers to invite pre- and post-offer applicants and employees to self-identify for status as a protected veteran or disabled individual. Select all that apply. Industrial Security Representative (IS Rep). Post Author: Post published: 16 juin 2022; performing on Department contracts; and (2) Individuals assigned to the Department from another federal agency must adhere to their home agency's security reporting requirements and additional post or mission requirements. Contractors must report which of these? DD Form 254, DoD Contract Security Classification Specification, Transportation, Delivery, and Relocation Solutions (TDRS), Schedule 48. Depending on a number of factors, including the extent of common ownership and control, AAP obligations also may extend to other related companies. Contractors must report to the DSS IS Rep only those violations that result in the loss, compromise, or suspected compromise of classified information. For contracts in excess of $500,000 for supplies (other than for commercial off-the-shelf or COTS) acquired outside the U.S. or for services performed outside the U.S., the contractor must develop an appropriate compliance plan that, at a minimum, includes certain proactive steps. Inform the DSS IS Representative that all visitors to the area must wear a badge, Inform the project manager of the heightened risk and ensure the visitor has an escort. -Foreign governments One purpose of the National Industrial Security Program (NISP) is to preserve our nations economic and technological interests. Which investigation type is required for an initial Top Secret Clearance? The applicant is never required to submit a fingerprint card, but it is a best practice. Security control measures must provide for security briefings and signed certificates. To issue a Facility Clearance (FCL), the Facility Clearance Branch (FCB) reviews which of the following? What DSS organization provides security education and training to DoD and other U.S. government personnel and contractors? Where are actions, such as Personnel Security Clearance terminations, upgrades, downgrades, and reinstatements, on contractor employees entered? Contractors must recognize that their obligations under these laws and executive orders also apply to their subcontractors. Events that require the facility to be open outside of regular business hours, Events that affect the proper safeguarding of classified information, Any change in the number of GSA security containers being used at the contractor facility to protect classified information, An increase or decrease in the number of classified documents stored at the contractor facility. Whether or not a Bridge Agreement is negotiated, a successor employer has an obligation to meet with the union and negotiate in good faith for a CBA. What security control measures must the host organization implement for a classified meeting? What is a final security control in the NISP when the purpose of a visit has been accomplished? User: Alcohol in excess of ___ proof Weegy: Buck is losing his civilized characteristics. Its decisions are binding on all other California state courts. possess the ability to exploit our critical information. As evidence of their compliance with the requirement to pay workers the prevailing wage, covered contractors must maintain records during the work and for three years after job completion reflecting the following: Employers must pay workers covered by the DBA/DBRA weekly. Leave may be used for: (1) illness and injury; (2) diagnosis, care, and preventive care; (3) caring for family members and family-equivalent members; and (4) domestic violence care. There is no evidence that anyone had access to the material while she was out, but nobody can confirm that the materials were safe from disclosure. According to NISPOM paragraph 1-300, which of the following is the contractor required to report to the government? Select ALL the correct responses. An advantage of integrating OPSEC principles in your day-to-day operations is that it. Government contractors with non-acquisition contracts could have separate, specific contractual obligations establishing protections for controlled unclassified information. If the visitor organization and host organization both use the DoD System of Record, visit notifications are sent electronically, which speeds the approval process. In addition, if required by the government contract, consider requiring reinstatement be subject to approval by the government client. In writing to your IS Rep at the DSS field office. The DCAA is concerned with identifying and evaluating all contractor activities that contribute to or have an impact on the costs of government contracts. An insider threat is anyone with authorized access to the information or things an organization values most, and who uses that access, either wittingly or unwittingly, to inflict harm to the organization or national security. You can help reduce technology-associated insider threats by: Eliminating accessing data through portable devices (Incorrect). Select all that apply. A cleared U.S. company received a request to sell export-controlled technology to an Eastern European security organization. 6 2/3 in. In fact, the government mandates that contractors who are awarded a contract above a certain threshold ($5.5 million to be performed over at least 120 days) MUST have a code of business ethics and conduct and, for large, noncommercial items contractors, a business ethics awareness program and internal control system. During a periodic reinvestigation of a cleared individual, During the applicants initial PCL investigation, Only when the applicant is seeking Top Secret clearance eligibility. Efforts to compromise a cleared employee. To ensure there are enough cleared employees to meet the needs of a contractor companys classified contract workload, To provide the CEO with justification for hiring more cleared employees, To assess whether a cleared employee still requires access to classified information. Depending on the contractors specific organizational needs, other provisions should be considered. Office of the Director of National Intelligence (ODNI), works for a company with a Facility Clearance (FCL), requires access to classified information. No specific procedure is required and, if a grievance cannot be resolved, the employer is not required to arbitrate the grievance. When an employee no longer needs access to classified information, who is responsible for removing access and debriefing the employee? makes OPSEC principles second nature to your employees. Some MPPs have a Free Look rule, which allows new employers to join the plan for up to five years without incurring any withdrawal liability, provided: (1) the new employers contributions are less than 2% of the total employer contributions for each year in the MPP; (2) the MPP had an 8-to-1 ratio of assets to benefit payments in the year before the employer was required to make contributions; (3) the MPP provides that any credit for service before the employer joined the plan will be lost on the employers early withdrawal; (4) the new employer did not previously have a free look; and (5) the MPP is not amended to remove the Free Look provision. Simonne left a safe containing classified material open while she went out for lunch. Prime contractors must meet certain reporting requirements before they are able to submit a bid that valued at $50 million or more as of the year 2016. Any event that may impact an individual's personnel security clearanceAnything that affects the proper safeguarding of classified information Any event that may impact the status of the facility Any indication that classified information has been lost or compromised 2019 - The South African Department of Employment & Labour Disclaimer PAIA Employers need not pay for unused accrued leave upon an employees separation from employment. To promote economy and efficiency in government contracting, President Barack Obama declared certain labor relations costs (those not directly related to a contractors provision of goods or services to the government) not eligible for reimbursement or payment by the contracting agency. Which activities are recommended as part of continuous evaluation program at a cleared facility? What is the level of FCL required by the contractor? Accordingly, under certain circumstances, a shareholder or business owner may be found personally liable for withdrawal liability. In addition, there is a Building and Construction Industry exception for withdrawal liability that allows an employer in that industry to avoid incurring withdrawal liability if they cease performing any services within the jurisdiction of the CBA. Select ALL of the correct responses. Which resource guides Facility Security Officers (FSOs) through the self-inspection process and provides techniques to improve the quality of self-inspections? Service contracts: The small business prime contractor must provide at least 50% of the contract cost for personnel. The EEO-1 Deadline is March 30 each year, and the VETS-4212 deadline is September 30 each year. It also must pay the covered fringe benefits in the CBA, which usually includes health insurance, disability benefits, life insurance, 401k plans, pension plans, rate differentials, premium pay provisions, holidays, vacation, paid sick leave, military pay, severance pay, jury duty pay, bereavement pay, and uniform and shoe allowances. DoDM 5200.01, Volume 1, Enclosure 3, DoD Information Security Program. Schedule of Implementation. U.S. Government employees and contractors must report which of the following? Which of the following government entities typically determines personnel security clearance eligibility? Always develop countermeasures on a first-come, first-served basis, Always apply a unique countermeasure to each vulnerability, Always think of a countermeasure as a smarter way to do a task, Always weigh the cost of the countermeasure against its benefit, Identifying what an adversary already knows about your operation helps you to. Insiders may include which of these groups of people? Any contact by cleared employees with known or suspected intelligence officers from any country. The Cognizant Security Office (CSO) for the DoD is Director of National Intelligence (DNI). None. Information Security Oversight Office (ISOO). Gopuff Background Check Requirementscom with instructions, or you can log into the Checkr applicant portal to view the status of your background check. What legally binding document must be executed between the Department of Defense and a contractor to obtain a facility clearance? What should you do? An employees need for a Personnel Security Clearance (PCL) is determined by the program manager, but the clearance level is determined by the Government Contracting Activity (GCA). ; Order the DE 542 form from our Online Forms and Publications. Provide visitors with a badge and an escort who has been informed of the access limitations or restrictions on the visitor's movements. User: 3/4 16/9 Weegy: 3/4 ? Focused on labor and employment law since 1958, Jackson Lewis P.C. importance of the critical information item. Select ALL the correct responses. 4 / 10. endstream endobj startxref Many CBAs provide that the agreement applies to any subcontractor used by the contractor to perform work done by covered employees, and the contractor is responsible for the subcontractors failure to comply with the terms of the CBA. Identifying a unit based upon how they deploy their equipment is an example of. Yes. The FSO is not notified but must look for eligible employees in the DoD system of record. Lesser disciplinary actions may be discussed with the union after the action is taken. The contractor also must certify annually to the contracting officer that it has implemented a compliant plan (including due diligence investigation) and that, to the best of its knowledge, it is not aware of any violations. They must provide the contracting agency, also weekly, a certified copy of all payrolls providing the information above for the previous weeks payroll period. It also should state that the employer is not required to terminate the employee until a replacement has been hired, cleared, and trained. Phovoir/Shutterstock. An MPP also may impose additional costs on employers pursuant to trust documents, which usually are incorporated by reference in the CBA or participation agreement. A cleared employee has received an industry award, A cleared employees citizenship has changed, An uncleared employees citizenship has changed. Whose primary responsibility is working with Industrial Security Representatives (IS Reps) and contractor personnel to authorize and maintain classified Information Systems? Given this, and the effect PLAs can have on labor and other project costs, contractors submitting bids on construction projects should diligently review each contract solicitation to determine if a PLA will be required. This also fails to apply if an arbitration agreement is already in place. It is a clearance of the business entity; it has nothing to do with the physical . He knows seminars, conventions, and exhibits can be used by adversaries to target knowledgeable resources like him. One of the conditions required for a pre-existing eligibility determination issued by one federal agency to be accepted by another federal agency is for the determination to be based on an investigation of sufficient scope that is current to within _________. WINDOWPANE is the live-streaming app for sharing your life as it happens, without filters, editing, or anything fake. consular corps association of philadelphia tequileras scarborough maine menu pfizer board of directors political affiliation how many grandchildren did fred astaire . -Non-state actors. . Physical security measures are a combination of active or passive systems, devices, and security personnel used to protect a security interest from possible threats. The new employee has a current Top Secret eligibility, which was granted by her previous employer. Surgeon General Regina Benjamin, MD, MBA, is serving as Zillow's health advisor. Select all that apply. -Allowing large amounts of data to be accessed Select all that apply. It's impossible to cover all the possible combinations of nationalities between companies and contractors in this blog post. The more we know about an adversary's intent and capability, the better we can judge how and why he may collect the information that he needs. The amount of a withdrawn employers withdrawal liability is based on a number of factors and requires an actuarial calculation. b. annual clearance justification reviews Many successor contractors negotiate a Bridge Agreement or a new CBA with the union that represented employees of the previous contractor. Contractors who participate in a multiemployer pension plan (MPP) through a CBA may be subject to significant liabilities created by statute. Contractors must report which of these to the insider threat program?
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