PUBLIC TRUST - OF306 and SF85p - MBI (Moderate Risk Background Investigation) - denials

I have selected for a federal contract. and I was asked to complete OF306 and SF85p forms. I have the below situation with my back ground. Will that impact my public trust approval investigation. Please advise.

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    Taxes paid but did files for couple years - working with IRS to file taxes for the previous tax years. please note For these years return expected.

I have around 50K debt and credit score is 670 ( Equifax) and few collections for my medical payments and also background.
No criminal or drug use


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You will receive a Letter of Interrogatory (LOI), in which you will be asked about your non-filings and your debts, among any other derogatory information they find in your security forms.

Essentially, this is your chance to explain yourself and show–with documentation-- that any derogatory issues in your background can be mitigated.

What I can say this this: I was denied an IC job despite then having PERFECT tax, credit, and police records.

Just for understanding . . . This statement isn’t clear and you will need to be very clear responding to anything that you need to. “Tax returns were not filed for X years (be specific). Refunds are expected for each of these years (there is no expected IRS debt). I am currently working with the IRS to get these returns filed.”

The terminology is important because someone reading your written response will not work overly hard to interpret your meaning.

How are you working with the IRS? This shouldn’t take all that long to get worked out. I work, part-time in a tax prep office and we have done 10 years of back returns for a client in a matter of two weeks. You should be working with a professional to get this done.


thanks and appreciate your response.
but do you see any issues in my situation that might potential for denial.

I don’t know because it will depend on what you are doing to get this resolved. I don’t think that it should be a serious issue but it may delay your investigation if you aren’t advancing or don’t get good documentation. They may want to know WHY you didn’t file if you are due refunds.

Hpr: What you described might result in disqualification for a contractor applying for a Public Trust position. There are no government-wide adjudicative standards for contractor fitness determinations. E.O. 13764 states, “[T]he heads of agencies retain the discretion to establish adjudicative criteria for determining fitness to perform work as a contractor employee. . . .” OPM encourages agencies to use the standards at Title 5 CFR 731.202, but agencies are not required to use them. There is also no government-wide rule regarding “procedural due process” for contractor employment fitness determinations. Some agencies reject contractors with almost no explanation and offer no opportunity to rebut or explain unfavorable information. Other agencies give contractors limited due process rights. Consequently contractor employment fitness decisions can at times be very arbitrary and capricious.

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