October 2016
APPENDIX 3
ARNG SECURITY GUARD ACTIVITIES
Section 301. General.
a. This Appendix to the Master Cooperative Agreement (MCA) prescribes the terms, conditions and
administrative procedures related to the National Guard Bureau's (NGB's) federal contribution for the Army National
Guard (ARNG) Army Operations Division, Protection Branch (ARNG-ODP) Security Cooperative Agreement program
within the State. This Appendix is also referred to as the Security Cooperative Agreement (SCA).
b. Statement
of
Facts.
(1) The authorities and provisions set forth
in
NGR
5-1
are incorporated into this Appendix
by
reference.
(2) NGB is authorized
to
contribute federal funds to the State for certain expenses incurred
in
rendering
physical security services. ARNG-ODP shall provide 100 percent federal support within funding limitations for
authorized SCA personnel
and equipment. SCA support is authorized for facilities described as joint use of the state
and the federal government, and coded for federal support
in
the Facilities Inventory and Support Plan (FISP).
Security
functions including security guard, visitor control, and inspector services, and equipment rendered
beyond the scope authorized
in
this Appendix will not be supported
by
federal funds.
(3) At the Adjutant General's (Grantee) discretion and
in
accordance with State law, the Grantee may
require security guard personnel to
be
armed; visitor control administrative personnel will not
be
armed. The Grantee
will bear the full burden to purchase and maintain the weapons and ammunition for state employees; including all
training, qualification and licensing cost. If the Grantee contracts for guard services, the contractor,
in
accordance
with state law may
be
required to furnish weapons, ammunition, training, qualification and licensing. Federal funding
provided
by
NGB will not
be
used to support the direct
or
indirect purchase
of
weapons and ammunition. Additional
requirements regarding armed securi
ty
personnel are addressed
in
Section 308 of this Appendix.
(4) This Appendix outlines the uses and limitations on, and identifies the maximum amount of, federal
funding available for reimbursement
of
security services incurred
by
a SMD for compliance with SCA requirements
validated
by
ARNG-ODP.
Section 302. Additional Definitions. (Reserved)
Section 303. Office of Primary Responsibility.
a. The Office of Primary Responsibility for this Appendix
is
the Army National Guard Army Operations Division,
Protection Branch (ARNG-ODP), National Guard Bureau, Army National Guard Readiness Center,
111
S. George
Mason Drive, Arlington, Virginia 22204-1382.
b. Chief, Protection Branch, for the purposes
of
this Appendix, is the designee
of
the Chief, National Guard
Bureau, and is the individual authorized to make final approval of all SCA program budgets and modifications to them
and to the language
of
this Appendix, to authorize distribution of SCA funds to the USPFO, to receive specified
accounting reconciliation reports, and to take any other action
on
behalf of NGB, as specifically reserved under this
Appendix for ARNG-ODP. The SCA Program Manager, ARNG-ODP, acts on behalf of the Chief, Protection Branch
in
the daily administration of this Appendix.
Section 304. Scope of Agreement.
a.
Scope of Services.
(1) The Grantee shall provide security guard services to ARNG
authorized installations, Garrison
Training Centers, stand-alone Joint Force Headquarters, and stand-alone aviation facilities.
(2) Control entry to and egress from the installation/facility via designated access control points (ACP) at
the outer most perimeter
of
the boundary or cantonment area.
(3) Conduct visitor control operations including screening and vetting
of
personnel
in
accordance
with Army regulations and instructions
as
applicable within State/Territory laws and statutes.
W912LN-16-2-1003
October 2016
(4) Conduct vehicle inspections
in
support
of
the installation security program.
(5) Securi
ty
checks
of
installation/facility perimeters, and sensitive
or
critical areas to counter criminal,
terrorist, and hostile
threats.
(6) Conduct physical security inspections and surveys, risk analysis, and assist the State/Territory
Command Physical Security Officer.
(7) Monitor Electronic Security Systems (ESS) and devices, Closed Circuit Television (CCTV), Intrusion
Detection Systems (IDS) associated with installation access control and critical asset protection.
(8) Provide other physical security equipment and service necessary to secure ARNG resources, and
personnel as approved
by
ARNG-ODP.
b. Performance Specifications.
(1) Security Program activities will be performed in accordance with state laws and statutes, Army
Regulations, and the Army National Guard Security Guard Program.
(2) Standards
of
employment, physical qualifications, physical agility test, training and certification
requirements and weapons qualification will
be
in
accordance with Section 308 of the Appendix.
Section 305. Authorized Activities/Charges.
a. Personnel.
(1) Security Guard personnel will
be
State/Territory employees
in
accordance with applicable
personnel policy,
or
contracted personnel through the State/Territory contracting process.
In
the absence
of
State/Territory duty position, Federal Civil Service position
is
General Service 0085.
(2) Visitor control personnel will be State/Territory employees
in
accordance with applicable
personnel policy,
or
contracted personnel through the State/Territory contracting process.
In
the absence of
State/Territory duty position, Federal Civil Service position
is
General Service 0303.
(3) Physical Security personnel will
be
State/Territory employees
in
accordance with applicable
personnel policy through the State/Territory hiring process.
In
the absence
of
State/Territory duty position,
Federal Civil Service position
is
General Service 0080, Physical Security Specialist.
(4) Payments for state employee salaries, to include approved overtime, and allowable benefits in
accordance with state personnel
pol
i
cy
for the payment of salary and benefits of like state government positions
within the same geographic area.
If
a state has a pay raise, pay freeze, or pay cap, a hiring freeze or employee
furloughs for like positions throughout the state, then state employees under this appendix will have corresponding
limitations. When there is no like state government position available, salaries and benefits wi
ll
be
equivalent to a
comparable grade and series Federal Civil Service position
in
the geographic area.
(5) Cost for travel for physical security personnel to accomplish required inspections and surveys.
(6) Costs for job-related training required
by
this Appendix, except weapons traini
ng
, for operations
in
support
of the SCA if authorized
by
ARNG-ODP.
(7) Costs for regular overtime that is required
by
Fair Labor Standards Act (FLSA), based
on
the work
schedule authorized
by
the SMD, wi
ll
be
allowed and funded
in
each budget cycle. Scheduled overtime should be
avoided. When operational requirements or personnel circumstances dictate additional staffing
in
support
of
the
mission, ARNG-ODP may authorize scheduled overtime to satisfy minimum staffing requirements.
(8) In-Kind Assistance using federal contracts to hire security guards
and visitor control personnel for
state owned, state licensed or state leased property may
be
authorized.
b. EquipmenUSupplies/Uniforms.
(1) Operational supplies used exclusively
in
direct support
of
the SCA, including all fees associated with
access to the National Crime Information Center.
(2) Government equipment may
be
provided for SMD use as Government Furnished Equipment (GFE)
and/or Vehicles IAW NGR
5-1
. The absence
of
GFE and/or Vehicles does not
rel
ieve the SMD from its primary
responsibility for performance
of
the terms and conditions outlined in this Appendix.
(3)
Cost for initial issue and life-cycle replacement of specific law enforcement type equipment
required for like civil servant positions within the state/territory; includes uniform items, duty belt and
commonly associated gear, and body armor. Contracted security personnel shall
be
furnished the necessary
initial and replacement items by the contractor
in
accordance with contract.
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October 2016
(4) Cost for the sustainment of barriers, active
and
passive, including fencing and gates.
(5) Cost for the sustainment and repair of explosive detection equipment used
by
security force personnel.
(6) Cost for the sustainment and repair of communications equipment used
to
support security force
personnel.
Section 306. Unauthorized Activities/Charges.
a.
All activities/charges not authorized
in
Section
305
or expressly approved
in
writing
by
ARNG-ODP as
an
exception are unauthorized. ·
b.
Costs associated with the purchase of weapons
and
ammunition for state civil service employees or state
contracted employees are unauthorized.
c. Issuing federally-owned weapons
and
ammunition
to
State civil service employees or State contracted
employees is unauthorized.
d.
Carrying of privately-owned firearms and/or ammunition
by
state civil service employees or state contracted
employees is strictly prohibited.
e.
Federal reimbursement of firearms purchased
by
the SCA employee and of firearms purchased with Grantee
funds as part
of
a uniform allowance when the firearm
is
for the sole
use
and control of the employee
on
and off duty
is
unauthorized.
f. Reimbursement for courses, whether accredited or non-accredited and professional training not specifically
required for performance of position duties covered under this agreement
is
prohibited.
Section 307. Budget Requirements.
a. Limitations.
(1) The CA
PM
will submit a budget request each fiscal year for the SCA program as directed
by
ARNG-
ODP for approval. The budget request will list the number of Security Guard, visitor control administrative, and
physical security positions per installation/facility, and cost for each position including uniforms, equipment, salaries
and benefits for which the Grantee expects federal reimbursement. A copy of the state contract and/or employee
payroll, including administrative, supplies, and equipment expenses must
be
submitted with the budget request. Also,
an
annual traffic study
is
required
to
justify the total positions authorized for each installation access control point
(IACP), and
an
installation/facility risk assessment and physical security survey
is
required
to
justify security patrol
positions.
(2) The annual budget shall
be
approved before the execution of this Appendix. The annual funding
guidance (AFG) will include the number of authorized personnel for each installation/facility, the total amount of the
budget, and initial annual funding plan.
(3) The total amount of the budget shall
be
the maximum amount for which NGB
is
obligated
to
reimburse
the Grantee for the costs
of
performance of this Appendix. The state CA
PM
must submit a request
to
ARNG-ODP
to
increase or decrease the budget amount
in
accordance with paragraph
d,
below.
(4) Though the SCA is intended to
be
100% federally funded, federal resources for reimbursement of state
salaries and benefits are limited. ARNG-ODP maintains a salary
and
benefit standard. Federal funding for salaries
and benefits will
be
limited to this amount. Grantees should coordinate with the CA
PM
in
establishing salary and
benefit levels to ensure that funding will
be
available. Other funding sources can supplement the federal SCA funding,
but must
be
tracked and recorded
in
the same manner.
(5) ARNG-ODP may unilaterally increase or decrease the budget total.
b. AMSCOs:
The Grantee shall
use
the AMSCOs, as provided
to
the state
by
the CA
PM
,
in
accounting for
charges
to
this Appendix. AMSCOs
in
the ARNG-ODP approved budget are the only authorized AMSCOs for
use
.
W912LN-16-2-1003
3
October 2016
c. The Grantee and the CA
PM
must reconcile quarterly. Upon the request of ARNG-ODP, the Grantee shall
provide a report of the total salary and benefits, uniform
and
equipment cost expended for each security guard.
d. Budget Changes. The state CA
PM
must submit a written request through the Grants Officer/USPFO, to
decrease or increase funds
in
its Budget The request shall include
an
updated budget reconciliation report as
an
enclosure. The request shall not
be
binding unless it is
so
approved
by
ARNG-ODP. The request and approval shall
not
be
binding unless a CA modification
to
th
is appendix has been executed.
Section 308. Appendix Administration.
a. Standards for Employment. Each state will establish qualification standards for employment as security guard
and visitor control personnel
in
accordance with this Appendix, Army Regulation 190-56, OPM positi
on
series and all
state and local laws and statutes. SCA employees must have a high school diploma or equivalent (GED) and must
be
a minimum of
18
years of age. Basic character traits
of
honesty, courtesy, tact, cooperation, personal appearance,
and bearing are important factors required of security personnel. Personal qualities of good conduct and character,
integrity, dependability, and good mental and physical fitness also are required of such personnel.
(1) All SCA personnel must meet the medical screeni
ng
requirements of like/similar state security positions
as identified
in
state personnel regulation directives.
In
the absence of state regulatory standards, Army Regulation
190-56 standards will apply.
(2) All SCA personnel must sign a Workforce Drug Testing Act per state laws and statutes.
In
the absence
of
state regulatory standards employees must sign a DA Form 5019 (Condition of Employment for Certain Civilian
Positions Identified Critical under the Department of the Army Drug-Free Federal Workplace Program) and pass a
drug test per AR 600-85.
All
SCA personnel will participate
in
periodic drug testing per state laws or
AR
600-85
on
a random basis
to
ensure the deterrent value of the testing program.
(3) All SCA personnel not required to have security clearances will undergo a national agency check
with local records and credit check (NACLC). Individuals convicted
of
domestic violence are not eligible for
hire
or
retention as SCA employees. Personnel to
be
employed
as
armed guards shall have a specific inquiry
into the applicant's suitability as per the Lautenberg Amendment to the Gun Control Act of 1968. The inquiry
will be made part
of
the pre-employment screening for probationary individuals who are tentatively selected.
Upon notification
of
conviction, individual(s) will
be
disarmed. Other convictions will be addressed on an
individual basis.
(4) State Driver's License: All SCA personnel performing security guard duties are required
to
possess and
maintain a current state driver's license
to
operate assigned security vehicles if applicable.
(5) Physical Agility Standards. The Adjutant General will establish initial hire and annual physical agility
certification requirements that measure the individual's ability to accomplish the essential functions of the position for
which hired. The Physical Agility Test (PAT) will include performance-based standards that measure the individual's
preparedness
to
successfully accomplish physically demanding tasks.· Accepted standards will include
anaerobic/aerobic endurance, agility, and strength. These standards should
be
based
on
state requirements for
similar positions and
AR
190-56. Tests will
be
conducted annually with a minimum of four months separating each
PAT. Job descriptions and performance plans/standards will contain the PAT requirement.
b. Weapons and Ammunition and Security. A pre-employment screening per the Lautenberg Amendment
to
the
Gun Control Act of 1968 will
be
made for all armed security personnel. Weapons training, with qualification, will
be
conducted semi-annually. Weapons training and qualification will follow recognized federal, state or local law
enforcement agency's (for example the International Association of Chiefs of Police or state police academies)
qualification/familiarization standards for the type of weapon required for armed security. Records of individual
qualification results must
be
documented.
(1) Federally-owned weapons and ammunition shall not
be
issued to state civil service employees or state
contracted employees.
(2) The
use
of privately-owned firearms and or ammunition
by
state civil service employees or state
contracted employees
is
strictly prohibited.
(3) Storage and accountability of weapons and ammunition
on
ARNG installations or facilities will
be
in
accordance with
AR
190-11 .
W912LN-16-2-1003
4
October 2016
c. Use
of
Force and Rules of Engagement. The Adjutant General,
in
conjunction with the Staff Judge Advocate
will determine and identify specific Use of Force and Rules of Engagement for security guard operations based
on
state and local laws
and
statutes. SCA personnel performing security guard duties will
be
armed
as
deemed
appropriate
by
the Adjutant General for the performance of their duties.
d. Initial and Annual in-service training will
be
conducted at each installation/activity
to
ensure proficiency
in
guard skills and remain current
in
state and federal doctrine. The Adjutant General may establish specific local training
programs,
in
addition
to
the annual requirements,
to
identify and address local security issues (such
as
specific
priorities
~
unique physical security issues,
and
so
forth). All SCA personnel shall receive initial training based
on
state and local laws and statutes,
and
Army Regulations prior to assignment of duties,
to
include
as
a minimum:
(1) Use of Force/Rules of Engagement
in
accordance with state and local laws and statutes, and Army
Regulations.
(2) Legal authority and jurisdiction including potential conflicts of interest and Posse Comitatus Act issues.
SCA personnel while wearing the duty uniform and/or badge, may not
be
deputized or exercise any additional
authority and jurisdiction while
on
duty under this Appendix.
(3) Vehicle, Area, and Personnel Search Authority and Procedures.
(4) Personnel Identification procedures, including authorized identification cards/badges.
(5) Communication procedures and equipment.
(6) Antiterrorism and Operations Security requirements.
(7) Protective Equipment and procedures to include blood borne pathogens training.
(8) Specialized access control and screening equipment.
(9) Task certification (for specific job for which hired).
(10)
Active Shooter Response
e.
SCA Authorizations. The Grantee will provide security needs for each of its installations/facilities/locations
based
on
regulatory requirements and NGB guidance. ARNG-ODP provides
an
intended number of personnel or
authorizations for each approved installation/facility/location. These authorizations establish
the
federal funding limit
for each installation/facility/location supported
by
the SCA program. A state may have more employees than
authorizations, but federal funding will
be
limited
to
the number of authorizations based
on
ARNG-ODP funding limit.
ARNG-ODP and the CA
PM
must concur with the additional positions, and clearly articulate
in
writing the funding
source for those additional positions.
f. The CA
PM
serves as technical supervisor for the ARNG Security at the state level. The Senior Security Guard
will conduct the day to day supervision at each installation/facility/location
in
coordination with the command Physical
Security Officer. The CA
PM
in
coordination with ARNG-ODP will assess and determine which SCA authorized
positions are
to
be
filled. The CA
PM
will
be
consulted
on
all personnel actions concerning SCA employees to include
hiring, firing, personnel evaluations, disciplinary actions and other performance related issues. The CA
PM
will
monitor hiring actions
to
ensure compliance with qualification standards.
g.
Uniforms.
All
SCA personnel are required
to
wear a uniform while performing security guard duties
to
ensure
ready identification and
as
an
emblem of authority.
(1) The Adjutant General will approve the design, material
and
color of the uniform
in
accordance with state
laws arid statutes, OSHA guidelines, and Army Regulation 190-56.
(2) SCA employees
in
State Active Duty status for the State Military Department, employees may wear the
military service related uniform
in
accordance with Army Regulation 670-1, Chapter 30-8, Section
c.
h. Unit Exercises, Inspections and Assessments: SCA personnel will support organizational exercises,
inspections and assessments, performing duties
and
services defined within this Appendix.
i.
SCA employees hired under a state contract are
requ
i
red
to
maintain and comply with all standards and
requirements of Section 308 of this Appendix. The state contract should contain special provisions of the periodic
review of contract SCA employee records and the requirement for the Grantor
to
monitor the administration of
Physical Security Testing.
j. Changes to the terms and condition of this Appendix shall
be
IAW NGR
5-1
, Chapter 3.
W912LN-16-2-1003
5
October 2016
Section 309. Funding Limitations.
a. Approved Budget/Annual Funding Program (AFP): The total dollar amount that NGB anticipates being
available, subject
to
the availability of funds, for reimbursement
to
the Grantee for its costs
in
fulfilling its
responsibilities under this Appendix.
This amount may
be
increased or decreased
by
NGB during the fiscal year.
b. Total Dollars Obligated: The total amount of funds obligated for
NG
B's share under this Appendix. Only funds
obligated through
an
executed CA modification to this Appendix are available for reimbursement to the Grantee.
Funds shall
be
obligated as received
by
the CA
PM.
1. Fiscal Year 2016: Approved Budget (AFP) Total Dollars Obligated
$ 623,000.00
$
2. Fiscal Year 2017: Approved Budget (AFP) Total Dollars Obligated
$1
,239,000.00 $
3. Fiscal Year 2018:
Approved Budget (AFP)
Total Dollars Obligated
$
$
4.
Fiscal Year 2019:
Approved Budget (AFP)
Total Dollars Obligated
$
$
5. Fiscal Year 2020:
Approved Budget (AFP)
Total Dollars Obligated
$
$
W912LN-16-2-1003
6
October 2016
Section 310. Agreement Particulars.
The information below shall
be
recorded
by
the Grants Officer's Representative (GOR) for compliance with the
reporting requirements of the DoD Assistance Award Action Report System (DAADS) and the Federal Funding
Accountability and Transparency Act of 2006.
a. Grantee/Recipient Category:
b. Grantee/Recipient Type:
c. Grantee/Recipient DUNS:
d. Primary Place
of
Performance (if different from 'Issued To'
on
CA
Modification Form):
Government
State Government
070980243
Vermont National Guard, 789
VT
National Guard
Rd,
Colchester,
VT
05446-3099
(To include
Zip+
4)
e. Grantee/Recipient County
(Primary Place of Performance):
f. Grantee/Recipient Congressional District
(Primary Place of Performance):
g.
Major Agency:
h. Agency Code:
i.
Funding Agency:
j. .Program Source Agency:
k.
Transaction Type:
I.
CFDA:
m. CFDA Pr.ogram Title:
n. Program Source Account-Funding:
o.
Treasury Appropriation Code:
p.
Award/Obligation/Action Date:
q.
Starting Date:
r. Ending Date:
s. Record Type:
t.
Fiscal Year/Quarter:
u.
Unique Federal Award Identification Number (FAIN)
v.
Approved Budget Amount:
w. R&D Award:
x. Indirect Cost Rate
or
CPP Rate:
W912LN-16-2-1003
Chittenden County
At Large
DOD
2100
Army
21
Cooperative Agreement
12.401
Operation and Maintenance,
Army National Guard
2065
2065
1 Oct 2016
1
Oct2016
30 Sep 2020
Individual Action
FY 2017
I
1st
Quarter
W912LN-16-2-1003
The amount in Appx, Section 309
No
0%
7
October 2016
EXECUTION
IN WITNESS WHEREOF: The parties,
by
their
signatures,
execute
this
Appendix
and
agree to
its
terms
and
conditions.
STATE/TERRITORY/ OR DISTRICT OF:
VERMONT
BY:
STEVEN
A.
CRAY, ajor General
The Adjutant Gener I
6
Od-
:Jo\
(.o
(Date)
ssistant Attorney General for Vermont
W912LN-16-2-1003
NATIONAL GUARD BUREAU:
BY:
JOHN J. SELING, C
USPFO for Vermon
(Date)
to
Legal
Form:
CHO, Major
Staff Judge Advocate
:i
r
~:ee
"2.-0 r G
(Date)
8
