Contractor_Security_Vetting_v1_052418.pdf

Distribution A – Authorized For Public Release

PEO STRI SECURITY PROCEDURE FOR VETTING CONTRACTORS WHO

PARTICIPATE ON U.S. ARMY PEO STRI CONTRACTS

This security procedure is published and made available to anyone who wants to compete, bid or team with another contractor for a U.S. Army PEO STRI contract.

These security requirements are posted for all contractors and or offerors to review and meet in keeping with full and open competition for all!

Contracts with PEO STRI range from Unclassified//FOUO up to TS/SCI and in accordance with 48 CFR clause 752.204-70, Partner vetting pre-award requirements, 752.216-71 Partner vetting in IDIQ contracts, AR 380-49 Industrial Security and AR 380-10 Foreign Disclosure and Contacts with Foreign Representatives, all contractors and or offerors must be vetted for suitability, national status e.g. U.S., USA Foreign Owned, Controlled and Influenced (FOCI) or Foreign contractor; (this procedure does not apply to FMS contracts).

All Contractor(s) and or offeror(s) who do not meet the vetting process listed below are considered ineligible for award. The Contractor(s) and or offeror(s) will be notified by the contracting officer of their deficiencies and provided information on what they would need to do to become competitive.

SECURITY VETTING CRITERIA

FOR CONTRACTOR(S) and or OFFEROR(S) THAT REQUIRE ACCESS TO UNCLASSIFIED//FOUO CONTRACTS with TECHNICAL DATA PACKAGES

All contractor(s) and or offeror(s) must certify in writing to the Contracting Officer that their company and or subcontractor(s) are not Foreign Owned or under USA Foreign Owned, Controlled or Influenced (FOCI) status. Also, certify if you are in merger and purchasing discussions with a foreign company or USA FOCI company. This certification can be provided to the contracting officer using the company letter head.

All contractors, prospective contractors or offerors must be properly vetted to verify their eligibility to receive contract unclassified technical data packages containing CUI, CTI, ITAR and or EAR information. The PEO STRI Industrial Security Specialist (ISS) in accordance with the regulations listed in the second paragraph and in coordination with the Contracting Officer is responsible for ensuring that all contractor(s) and or offeror(s) who have interest to bid on a DA contract are vetted for eligibility to receive the appropriate level of information, this includes proper mitigation of Foreign and USA Foreign Ownership Control or Influence (FOCI) companies.

Failure or inability to verify contractor eligibility for receipt of CUI,CTI, ITAR and or EAR information will make the contractor ineligible to receive contract technical data packages unless the following has been met:

1. All contractor must be organized and existing under the laws of any of the fifty States, the District of Columbia, or Puerto Rico, and be located in the U.S. or its territories.

2. All contractor(s) and or offeror(s) must be registered in the System for Award

Management (SAM) database.

3. All contractor(s) and or offeror(s) must have a reputation for integrity and lawful conduct in its business dealings. The company and its Key Management Personnel must not be barred from participation in Government contracts.

4. All contractor(s) and or offeror(s) that are not Foreign or not under USA FOCI status and do not have a facility clearance must provide information about previous contracts or government work.

5. All contractor(s) and or offeror(s) must not be under Foreign Owned or USA FOCI or must have USA FOCI mitigated with the following;

a. Be registered with the U.S. State Department and provide a copy of the registration along with the appropriate DSP license or TAA documents to the contracting officer. Visit or contact the U.S. State Department at http://www.pmddtc.state.gov/

b. Canadian Companies must provide to the contracting officer, a copy of their

DD2345 Military Critical Technical Data Agreement form signed by the United States/Canada Joint Certification Office in order to receive unclassified TDPs.

FOR CONTRACTOR(S) and or OFFEROR(S) THAT REQUIRE A SECURITY CLEARANCE, FACILITY CLEARANCE to HANDLE and or STORE CLASSIFIED INFORMATION and or MATERIAL

1. All contractor(s) and or offeror(s) must meet all of the above criteria for

Unclassified//FOUO.

2. All contractor(s) and or offeror(s) that are not Foreign or not under USA FOCI status and have a valid facility clearance need to provide their company name and cage code to the contract specialist for vetting by Government Industrial Security Specialist (ISS).

3. All contractor(s) and or offeror(s) that are not Foreign or not under USA FOCI status and do not have a facility clearance must contact the local DSS office to start the paperwork to become cleared. www.dss.mil/documents/facility-clearances/FCL_Sponsorship_Letter_MAY16.pdf

4. All Foreign Owned or USA FOCI must meet and provide the following to be competitive;

http://www.pmddtc.state.gov/ http://www.dss.mil/documents/facility-clearances/FCL_Sponsorship_Letter_MAY16.pdf http://www.dss.mil/documents/facility-clearances/FCL_Sponsorship_Letter_MAY16.pdf

a. Have their Foreign or USA FOCI mitigated by the Defense Security Services

(DSS). Visit DSS at www.dss.mil/isp/foci/foci_mitigation.html

b. Be registered with the U.S. State Department and provide a copy of the registration along with the appropriate DSP license or TAA documents to the contracting officer. Visit or contact the U.S. State Department at

5. All contractor(s) and or offeror(s) must be listed in the Defense Security Services (DSS) Industrial Security Facility Database (ISFD) or National Industrial Security System (NISS) which must reflect;

a. Valid Facility Clearance (FCL)

b. Special Security Agreement (SSA) for FOCI companies

NOTE ***

*** This information is available via the DSS Portal provided by your company FSO.

*** The timeline for a non-cleared, non-FOCI company to get cleared by DSS is approximately 45 days. Visit DSS at www.dss.mil/documents/facility-clearances/FCL_Sponsorship_Letter_MAY16.pdf

*** The timeline for a non-cleared Foreign or USA FOCI company to get cleared by DSS is approximately 18 to 24 months. Visit DSS at www.dss.mil/isp/foci/required-documentation.html

*** The timeline for a Foreign or USA FOCI company to get a DSP license and or a Technical Assistance Agreement (TAA) from the U.S. State Department is approximately 75 days. Visit U.S. State Department at http://www.pmddtc.state.gov

The PEO STRI government office responsibility for this procedure is PEO STRI G2, and can be contacted at 407-384-3540, usamy.orlando.peo-stri.list.g2@mail.mil http://www.dss.mil/isp/foci/foci_mitigation.html http://www.dss.mil/documents/facility-clearances/FCL_Sponsorship_Letter_MAY16.pdf http://www.dss.mil/documents/facility-clearances/FCL_Sponsorship_Letter_MAY16.pdf http://www.dss.mil/isp/foci/required-documentation.html http://www.dss.mil/isp/foci/required-documentation.html mailto:usamy.orlando.peo-stri.list.g2@mail.mil