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Tennessee Valley Authority (TVA) contract security requirements clause Val Seaquist 05 Jan 2004 12:27 EST

We recently received a draft task order contract from the Tennessee
Valley Authority which contains a security requirements clause that
appears to be more stringent than anything I've had to deal with before.
We have many classified contracts but this has requirements beyond what
they have. We aren't equipped for this level of employee scrutiny and
some of the items look like potential law suits if we acted on them.
(I've run this by HR, University Counsel and Research Security offices
and they agree.) I'll list some of the requirements below and am asking
if any of you in the TVA-coverage area have accepted such a clause and
how you handle it.

"University agrees to . . .
1. favorable background investigation has been completed [some of the
items are in our normal pre-employment screening, but we don't employ
'local law enforcement checks for all locations where the individual has
lived or worked in the past 5 years'],
2. must submit, for TVA approval, copy of University's clearance program
or company used for clearance activities,
3. additionally, employee must submit to check in TVA's University
Security System database,
4. University must disqualify employee for:
 a. felony conviction in past 5 years;
 b. pattern of criminal behavior (evidenced by 3 or more
misdemeanor convictions in past 5 years);
 c. pattern or alcohol or substance abuse with no evidence of
rehabilitation;
 d. association with terrorist organization;
 e. any behavior/activity which tends to show that the individual
is not reliable, trustworthy,
 and of good character . . ." and it goes on

I can't imagine making a judgment decision on 4.b. or 4.e. above and not
having some serious legal repercussions. My inclination at the moment is
to say "no thanks." Thank you for your input.

Val Seaquist
Office of Sponsored Programs
The University of Alabama in Huntsville

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