I have a question (DOD to DHS)

#1

Hello, I have a DOD Secret, T3 investigation. I recently applied for a federal contract position with CBP that requires a SF85P T5 investigation. I submitted my SF85P and was recently contacted by the contractor saying that I was found unsuitable. He told me to wait for a letter but he sounded unsure when or if I would receive something. Can I do something about this or appeal this?

#2

You usually cant appeal a “suitability” denial, just a clearance denial.

#3

That is incorrect! All agencies have appeal procedures for an unfavorable suitability adjudicative determination on a background investigation. In this case it does not sound like an investigation was done, but merely a pre-employment screening for a Public Trust position (T2 or T4) where something caught a flag. This is not considered a suitability or fitness denial because a firm job offer or on-boarding has not occurred.

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#4

Correct sir, I am under the pre employment phase, so do you think there might be an appeal I can do or is this something final? Like I said, they were not sure if I was going to receive a letter.

#5

@Marko I thought some places pull your offer on “suitability” grounds to stave off clearance denial appeals?

#6

Probably not, agencies have latitude in screening out applicants if there is a disqualifying factor or if they don’t meet agency specific requirements. No one can figure this out except your contractor hiring or security liaison by asking the agency directly.

#7

No . . . That wouldn’t make sense. Suitability denials aren’t used to prevent denial appeals. They are there, as Marko said, to check agency or position specific requirements AND to prevent having the agency spend a year or more investigating someone who is not likely to clear.