B08 - Attachment 0007 - Contractor Vendor Guide.pdf

Contractor/Vendor Guide beta.SAM.gov

Topic: Slide number(s):

• Understanding SAM/Beta.SAM and 3 – 11 Navigation Tips in Beta.SAM

• Establishing a User Account 12 – 30

• Accessing Your Workspace and Profile 31 – 37

• Search for Contract Opportunity Notices 38 – 58

(Includes: Downloading, Saving a Search, and Following an Opportunity)

• Interested Vendors List (IVL) 59 – 64

• Public Standard Contract Opportunity Report and Data 65 – 70

• Contract Opportunity Attachments 71 – 80

• Helpful Links 81

Understanding SAM/Beta.SAM Navigation Tips in Beta.SAM

What is SAM?

The System for Award Management (SAM) (https://sam.gov) is a Federal Government owned and operated free web site that consolidates acquisition capabilities into one site and is undergoing modernization. SAM will co-exist with the modernized site, “Beta.SAM”, until no longer required.

Here are a few things you must do in order to be ready to do business with the U.S. Government:

• Be sure you have a Data Universal Number System (DUNS) number (a free service) provided by Dun and Bradstreet (D&B):

https://www.dnb.com/duns-number/get-a-duns.html Be sure the information you enter is exact because this must match the Legal Business Name (LBN) and PHYSICAL address that will be imported to your SAM registration. If you advance to the SAM registration step and your information is incorrect, you must return to D&B to make the correction.

• Complete the SAM registration (a free service). There are multiple steps to the SAM registration, be sure you complete every step. When finished and your registration is submitted you will receive a “success” notification. Your SAM registration will have to be renewed annually.

• As part of the SAM registration process your company will be assigned a Commercial and Government Entity Code (CAGE) Code and the information for your CAGE Code will need to match the DUNS and SAM information. For more information on CAGE Codes:

https://cage.dla.mil/

NOTE: You are registering with your company’s LEGAL business name and PHYSICAL Address.

NOTE: The average cycle time for your SAM Registration to become active is at least 10-business days from date of submission at SAM. If questions arise it will take longer!

You’ll use the information you provide in SAM for many purposes, including:

• Confirm your company meets eligibility requirement to do business with the federal, state, local government as well as tribal and educational institutions;

• Your company is categorized appropriately;

• Your company has a Taxpayer Identification Number (TIN) or an Employer Identification Number (EIN)

The legacy SAM application is found at https://sam.gov.

Contractors still need to register here until its capabilities are transitioned to Beta.SAM in the future (anticipated in 2021) https://sam.gov/

What is Beta.SAM?

It is the transitioned modernized site that will contain all the functionality/domains for 10 online federal awarded management systems and be streamlined into one environment. Once all capabilities have transitioned to Beta.SAM all domains will have the same look and feel so users will not have to learn/re-learn multiple systems. Beta.SAM is the “official” site for some acquisition functionality already, such as Contract Opportunities.

How is Beta.SAM organized?

Access video tutorials and FAQs

Quick Start Guides Glossary

Search online help Discover additional resources Read featured articles

Find new content

Find Contract Opportunities Extracts and APIs available for public Find Federal assistance Look up wage rates Find registered vendors Save searches Download search results Get featured search results

Regardless of the domain the functionality is organized in the same way. Each “icon” is a tab and indicates primary functionality within the tab.

Click here to access the available tabs

Provides information on maintenance actions and system outages

Home returns you to the main landing page from any screen within any domain

Connect to web services and APIs. Integrate with data feeds to download extracts

Access your saved searches, requests, and notifications

Administer your organization and users

Manage your assistance listings

Post your contract opportunities

Register your company Report your sub-awards

Manage past performance

Search

“Sign in” is your account workspace Learning Center

What is “Contract Opportunities”?

The Contract Opportunities domain in Beta.SAM officially replaced FBO.gov on November 12, 2019 and is frequently known as “Opportunities”.

The Contract Opportunities domain within Beta.SAM is where you can view the procurement notices from federal contracting offices to find opportunities to bid for federal business. Anyone interested in doing business with the government can use this system to research active opportunities. Along with the migration of FBO, there will be a few changes to the terms that you're familiar with. The next few slides will help.

NOTE: If your entity wants to submit an offer / bid for a solicitation you must have completed a registration in the legacy System for Award Management (SAM) at https://sam.gov.

Major changes from FBO.gov to Opportunities: Terminology

User Tip for Search Results:

Filter – for notices on left hand side tool bar Keywords, Status, Notice Type, Date, Organization Sort By –

• Published Date

• Response Date

• Modified Date

• Inactive Date

• Title

Major changes from FBO.gov to Opportunities: Notice Types & Interested Vendors List (IVL)

User Tip:

Search Results – more capability to sort/search IVL Notice Types –

• Special Notice

• Sources Sought

• Presolicitation

• Intent to Bundle

Requirements

• Solicitation

• Combined

Synopsis/Solicitation

• Award Notice

• Justification

• Sale of Surplus Property

Multiple resources are available to help you stay informed about changes to Beta.SAM:

Sign up to keep abreast of what you need to know before changes impact you.

https://interact.gsa.gov/group/i ntegrated-award-environment-iae-industry-community

Check back to read new information about upcoming changes, tips, and more:

https://dodprocurementtoolbox.com/site-pages/betasam

When trying to find award data, should I search the legacy system or Beta.SAM?

The search tool on beta.SAM.gov accesses the same production data that exists in legacy systems. Special permissions or login credentials are not required to access beta.SAM.gov publicly available data. The data presented will be production data from the systems until users are able to enter data directly into beta.SAM.gov. Users may view detailed records for all of the domains below:

Beta.SAM.gov

Establishing a User Account

The next few charts will help you establish your user account in Beta.SAM. Please note, if you have a user account in the legacy System for Award Management (SAM) (https://sam.gov) you can use the same LOGIN.gov email and password. If you do not have a legacy SAM account, you will need to complete all the steps to include LOGIN.gov

Note: When you complete your user profile, we recommend you associate your account with your entity’s registration from SAM. To do so, you’ll need to know your entity’s DUNS number or CAGE Code. If your account isn’t tied to your company, you will not gain access to the Interested Vendors List (IVL) and you will not be allowed to request access to controlled documents.

https://sam.gov/

Click “Sign In.”

Then click “Accept” in the pop-up window.

Start at the Homepage (https://beta.sam.gov)

Please note: all screen shots are captured using CHROME. If you use a different web browser your screen layout may look slightly different. We recommend CHROME as your browser.

Click ‘Create an account” to get started.

Note, if the email has been used for legacy SAM, you can use the same login.gov e-mail & password, but you will still need to create a new Beta.SAM account.

Enter an email address.

You will receive an email from no-reply@login.gov with a link in it to verify your email address. Click the link in the email.

Clicking the link will confirm your email.

Create a strong password.

Login.gov requires two-factor authentication. So you must pick a secondary authentication method.

Picking phone requires you have a phone that can receive calls or texts.

If selected, login.gov will send a text message to the phone number you enter.

Enter the code from the text to confirm your secondary authentication method. You will have to do this every time you log in.

Choose another authentication method to complete login set up.

This method will only be used when the first method fails.

Success! You may now log in to Beta.SAM or

SAM.gov.

Click continue to return to Beta.SAM.gov home page to continue setting up your account.

After returning to Beta.SAM.GOV, you will need to sign into your account to complete setting up your profile.

Then click “Accept” in the pop-up window.

If you would like your account to be associated with an entity, enter the entity DUNS number /

CAGE code for your entity registered in the

System for Award Management (SAM).

If you want access to the Interested Vendors List (IVL) or request access to any controlled attachments, then your account must be associated with either the DUNS number or CAGE code for your entity. If you don’t do it now, you will have to update your account profile before access will be granted.

Back-up: Looking up your SAM registration information (if needed)

Begin at the Beta.sam.gov home page. Select “Entity Information” from the drop down and enter your search term (business name, DUNS number, etc.)

Tip: If you don’t know your entity’s DUNS Number or CAGE Code, you can look your entity’s SAM registration up (note – if your entity has not authorized public release of its SAM registration, this will not work – you will need to contact your SAM registration representative)

Scroll through the search results until you find the correct company. CAGE code is displayed in the summary.

You can click on the company name to see further details.

This is an example of the data you will see within the detailed entity screen.

The Commercial and Government Entity (CAGE) Code is a five-character ID number used extensively within the federal government, assigned exclusively by the Department of Defense’s Defense Logistics Agency (DLA) CAGE Program Office. The CAGE Code supports a variety of mechanized systems throughout the government and provides a standardized method of identifying a given legal entity at a specific physical location. Agencies may also use the code for a facility clearance, or a pre-award survey. There is no cost to obtain a CAGE Code.

Please visit the DLA’s CAGE Search & Inquiry page to verify that the information for your entity is accurate and complete.

For US Located SAM Registrants:

You do not need to have a CAGE Code prior to registering in the System for Award Management (SAM). Once you submit your Entity Registration for processing, SAM will send your entity information to the DLA for CAGE Code assignment. The DLA assigns the CAGE Code, SAM will then receive and apply the code to the Entity Registration. No further action by the registrant is necessary to apply the CAGE Code to an Entity Registration, unless the DLA requests additional information. If the DLA needs any additional information for the assignment of your CAGE code, your Government Business POC will receive an email notification from the DLA. Please follow the instructions in the email to provide any requested information.

For Non-US Located SAM Registrants:

NATO Commercial and Government Entity (NCAGE) Codes are CAGE Codes for entities located outside the United States and its territories. Assignment of NCAGE Codes is part of the NATO Codification System and is required for all foreign entities before completing a SAM registration. Once you receive your NCAGE Code, you should enter it on the “CAGE or NCAGE Code” page in the “Core Data” section of your Entity Registration.

For Non-SAM Registrants:

U.S. entities which are NOT receiving contracts and/or grants from the U.S. Government may request a CAGE Code for the following:

Facility Security Clearance Assignment of a Department of Defense Activity Address Code (DODAAC) To fulfill the Federal Acquisition Regulation (FAR) Subpart 4.18 requirement for Ownership of Offeror to identify their Immediate Owner and/or Highest- Level Owner

The bottom line: if you wish to do business with the Federal government and want to have the opportunity to bid on a solicitation; to optimize all functionality within Beta.SAM, then your company will need a CAGE/NCAGE Code.

More information – what is a CAGE/NCAGE Code and why do I need one?

https://cage.dla.mil/Home/UsageAgree

Accessing Your Workspace and Profile

Then click “Accept” in the pop-up window.

Start at the Homepage (https://beta.sam.gov)

Please note: all screen shots are captured using CHROME. If you use a different web browser your

Complete the remaining login steps.

Afterward, the first page that comes up is your Workspace.

Your Workspace is tailored to your roles in Beta.SAM. The more roles you have, the more tiles you will have in the center of the Workspace screen.

All users will have the User Directory available, although it is limited to your organization.

All users can access their Profile by clicking the link at the top of the screen.

Users can also go directly to any Saved Searches or items they are Following by clicking those buttons.

If you click on “Profile”, you will be taken to your Account Details page. You can also get to this page at anytime by clicking on the User icon at the top of the screen.

On this page you can edit your contact info or associate yourself to an entity registered in the System for

Award Management (SAM) by clicking the ‘Edit’ pencil icon.

You can also request an API key on this page if you intend to set up a system interface to Beta.SAM (note – most users do not need this).

You can review any roles that you have in Beta.SAM by clicking on the ‘My Roles’ tab.

You can review any Contract Opportunity notices that you are following by clicking on the Following tab (or from clicking the icon on your

Workspace).

Here you can set the frequency that Beta.SAM will send you emails if notice is updated.

You can also choose to ‘unfollow’ a notice here.

You can review any saved searches you have established by clicking on the icon on your

Workspace.

On this page you can re-run the search criteria at any time by clicking the title of the saved search.

You can also delete the saved search under the Actions drop-down

Search for Contract Opportunity Notices (Includes: Downloading, Saving a Search, and Following an Opportunity)

What is “Contract Opportunities”?

The Contract Opportunities domain in Beta.SAM officially replaced FBO.gov on November 12, 2019 and is frequently known as “Opportunities”.

The Contract Opportunities domain within Beta.SAM is where you can view the procurement notices from federal contracting offices to find opportunities to bid for federal business. Anyone interested in doing business with the government can use this system to research active opportunities. Along with the migration of FBO, there will be a few changes to the terms that you're familiar with. The next few slides will help.

NOTE: If your entity wants to submit an offer / bid for a solicitation you must have completed a registration in the legacy System for Award Management (SAM) at https://sam.gov.

Major changes from FBO.gov to Opportunities: Terminology

User Tip for Search Results:

Filter – for notices on left hand side tool bar Keywords, Status, Notice Type, Date, Organization Sort By –

• Published Date

• Response Date

• Modified Date

• Inactive Date

• Title

Major changes from FBO.gov to Opportunities: Notice Types & Interested Vendors List (IVL)

User Tip:

Search Results – more capability to sort/search IVL Notice Types –

• Special Notice

• Sources Sought

• Presolicitation

• Intent to Bundle

Requirements

• Solicitation

• Combined

Synopsis/Solicitation

• Award Notice

• Justification

• Sale of Surplus Property

To Search Opportunities Without a Beta.SAM Account

Go to: https://beta.sam.gov/

Without signing in you have two options:

1. Click “Search”

2. In the dropdown select

“Contract Opportunities”

OR

Click on “Search Contract Opportunities”

ALL Opportunities will be displayed in a list. To search within the results see chart 20.

NOTE: An account is required, and you must be signed-in to follow an opportunity or download / save a search.

To Search Opportunities With a Beta.Sam Account When signed into your account you have two options:

1. Click “Search”

2. Click on the down arrow to select “Contract Opportunities” for a list of all opportunities.

OR

Click on “Search Contract Opportunities”

TIP: From the home page, one can search opportunities by solicitation number, NAICS code, or DoDAAC of the government contracting office.

NOTE: An account is required, and you must be signed-in to follow an opportunity or download / save a search.

Example Search of Contract Opportunities by NAICS code.

The results are ordered by Relevance as a default.

Note: that the initial search term is displayed in “Keywords” below. It is now one of the “filters” for the search results.

These are the additional filters you can use to narrow your search criteria.

Note – in the Federal Organizations area, you can narrow the organization by Service, Major Command, or even office (e.g., DoDAAC).

If you know the code for the organization or the specific name, you can enter it in the box (Beta.SAM will bring back matches).

If you don’t know the code, you can use the look-up feature (…)

You can download your search results by clicking the “Download” button at the top of the screen. You will be offered the opportunity to download in either a .pdf or .csv format.

Tip: While the search results will be presented in the order of relevance; you can change the ‘sort by’ to “Title” or “Last Published Date” in the Sort By field.

NOTE: An account is required, and you must be signed-in to download a search.

Saving a Set of Search Criteria

1. Conduct a search as described in previous screens; adjust the filters as desired.

2. Click ‘Save Search’ at the top to save the filters you’ve created into a Search that you can re-run at any time.

NOTE: An account is required, and you must be signed-in to save a search.

1. Give your search a name and click Save.

2. Use the hamburger icon at the top of the screen to toggle back to your Workspace.

Back on the Workspace tab, you can go to the Saved Searches button right under your profile.

Your Saved Searches screen will come up;

click on the search name to run the search again at any time.

Following a Contract Opportunity Notice

Following a notice will cause Beta.SAM to send you a notification whenever the notice is updated by the government.

From a search return page, click into the title of the action you wish to follow.

NOTE: An account is required, and you must be signed-in to follow an opportunity notice.

Once you are in the notice itself and decide that this is one you would like to ‘follow’, just click the ‘Follow’ button at the top of the screen

Note that once you’ve clicked it, it will change the button status. Click on it again to ‘unfollow’.

To see the list of notices you are following at any given time, go to your account Profile page.

While logged in, click on the person icon at the top of any page to open the available tabs and click ‘Profile’

Your Accounts Details tab will come up

– click on the Following tab

On the ‘Following’ tab, you are able to see all of the specific notices you are following

Note – a fix is coming to show the Notice ID correctly in the Record ID field – Beta.SAM is currently showing it’s own internal number)

Here you can also change the frequency for which you are emailed notices regarding followed actions

You can unfollow actions here as well by changing the Action tab

You can also access the list of notices that you are following from your Beta.SAM Workspace

Just click on the Following icon

Interested Vendors List (IVL)

What is the Interested Vendors List (IVL)?

The intent of the Interested Vendor List (IVL) feature is to collect a list of vendors interested in competing for the opportunity or vendors interested in subcontracting opportunities. The contracting officer is the only person who can determine whether to include an IVL and the view settings for an IVL.

How do I get on the IVL?

You must have an account in Beta.SAM and your account must be associated with your entity’s DUNS Number / CAGE Code from its registration in the System for Award Management (SAM) (https://sam.gov.

• It is important to realize that every IVL will be tied to a notice!

• If you are interested in receiving notifications about a notice you need to take action in Beta.SAM!

• If you wish to be added to the IVL you must take action in Beta.SAM!

• If the government contracting officer has made the IVL public, others can see that your entity is on the IVL!

Then click “Accept” in the pop-up window.

Start at the Homepage (https://beta.sam.gov)

Please note: all screen shots are captured using CHROME. If you use a different web browser your

Once logged in, Search is available at the top of your screen. Click on the down arrow to select “Contract Opportunities” and search to find an Opportunity.

NOTE: An account is required and you need to be signed in to sign up for the interested vendors list (IVL).

Click on a results title to see the entire opportunity.

If the government has established an Interested Vendors List – click it. (Note – not all notices will have an IVL)

Top of Page Bottom of Same Page

NOTE: An account is required and you need to be signed in to sign up for the interested vendors list (IVL).

You can click “Add Me to the Interested Vendors List” to be added to the list.

Clicking the same button again will remove you from the list.

If the government has made the IVL public, you will be able to see all the entities that have added themselves to the list.

NOTE: An account is required and you need to be signed in to sign up for the interested vendors list (IVL).

beta.SAM.gov

Public Standard Contract Opportunity Report and Data

Public Standard Contract Opportunity Reports

• Reports on federal contract opportunities are available to the public.

These reports provide detailed information in support of business decisions.

• Users must be logged in to access these reports.

Then click “Accept” in the pop-up window.

Start at the Homepage (https://beta.sam.gov)

Please note: all screen shots are captured using CHROME. If you use a different web browser your

Once logged in, click the hamburger icon to get the menu. Click “Data

Bank”.

For a Standard Contract Notice Details Report, click the link.

Initial report will run without filters.

Set filters on the left side to narrow down results.

Once complete, click Download (default format will be .csv)

Contract Opportunity Attachments

Things you need to know before you can access attachments to Contract Opportunity notices:

Contract Opportunity attachments within Beta.SAM are managed by two categories: “Public” and “Controlled”. Each attachment is labeled within the search results under the column header “access”.

• “Public”: These types of attachments do not require any special handling. Access to them does not require your company to be pre-certified by the Joint Certification Program. However you must be logged in to your Beta.SAM account, and your account must be associated to your entity’s DUNS number / CAGE Code from its active registration in the System for Award Management (SAM) (https://sam.gov).

• “Controlled”: These type of attachments require special handling due to the information they contain. Users are not allowed to access controlled attachments unless your entity has been certified by the Joint Certification Program. Within Beta.SAM, your user account must be associated to your entity’s DUNS number / CAGE Code from its active registration in SAM and you must be logged in to your account in order to request access to these attachments. You will not immediately be permitted to view the document. Your entity’s Data Custodian (block 3A of the DD Form 2345) is the only authorized individual to be approved for access to the attachment(s). Your entity is responsible to manage the documents in accordance with prescribed directives.

• If your entity is NOT already certified by the Joint Certification Program: the Joint Certification Program’s web site is found at https://www.dla.mil/HQ/LogisticsOperations/Services/JCP/. There is a link for completing a DD Form 2345. Please note that the form must be mailed along with additional information. Approval can take several weeks, so please plan accordingly.

https://www.dla.mil/HQ/LogisticsOperations/Services/JCP/

Then click “Accept” in the pop-up window.

Start at the Homepage (https://beta.sam.gov)

Please note: all screen shots are captured using CHROME. If you use a different web browser your

After logging in, the search capability is at the top of your screen. Click on the down arrow to select “Contract Opportunities” and search to find an Opportunity.

To view attachments related to a contract opportunity, scroll down the main opportunity page to the “Attachments/Links” section.

You will see the name of the document, the file size, the access level, and the updated date. To open an attachment, click the document title. If there are multiple attachments, you may use the ‘Download All’ button at the top of the section.

Some contract opportunities have attachments that are controlled access.

These are identified by the lock icon and “Controlled” in the Access column.

Click the document title to request access.

You will receive a pop-up window to request access. Enter the Reason for Access in the window and hit Submit.

You will get a notice that your submission has been successful. The access status on the document will change to “Pending”.

This is an example of a Beta.SAM system generated response to your request for access to the controlled attachment

Once your request has been acted upon, you will receive another email to let you know that there is an update. Click the link to see the outcome.

You will see the outcome of your request (must sign in to Beta.SAM to see the page if you’re not already signed in). If rejected, the reason for rejection will be given in the “Response” field.

This is an example. Each notification is crafted by the government and may not contain the exact verbiage displayed here.

Once rejected for access, you will see the status update if you re-visit that opportunity’s page. It will remain rejected until/unless you follow the instructions to have a contracting officer/specialist give you access via a DD2345. See below for details.

This is an example. Each notification is crafted by the government individually and may not contain the exact verbiage displayed here.

Helpful links:

• Beta.SAM: https://beta.sam.gov

• DoD Procurement Toolbox: https://dodprocurementtoolbox.com/site-pages/betasam

• GSA Interact: https://interact.gsa.gov/group/integrated-award-environment-iae-industry-community

• Beta.SAM library: https://beta.sam.gov/help/library

• System for Award Management (SAM): https://sam.gov

• Joint Certification Program (JCP): https://www.dla.mil/HQ/LogisticsOperations/Services/JCP/

• Federal Service Desk: https://www.fsd.gov/fsd-gov/home.do

• LOGIN.gov: https://login.gov/

• GSA Acronyms and Abbreviations: https://interact.gsa.gov/sites/default/files/list_of_acronyms.pdf

• Dun and Bradstreet (D&B): https://www.dnb.com/duns-number/get-a-duns.html

• Commercial and Government Entity (CAGE) Code: https://cage.dla.mil/

United States/Canada Joint Certification Program (JCP)

20 May 2020

What is the U.S./Canada Joint Certification Program and why does my company need a certification?

• The JCP was established in 1985 to allow United States (U.S.)/Canadian contractors to apply for access to Department of Defense/Department of National Defence (DOD/DND) unclassified export controlled technical data/critical technology on an equally favorable basis.

• Certification under the JCP establishes the eligibility of a U.S. or Canadian contractor to technical data governed, in the U.S., by DODI 5320.25 and, in Canada, by the Technical Data Control Regulations (TDCR)

• A certification is required by U.S. or Canadian contractors that wish to obtain access to unclassified technical data disclosing militarily critical technology with military or space application that is under the control of, or in the possession of the U.S. DOD or the Canadian Department of National Defence (DND)

The bottom line: In beta.SAM some Contract Opportunities have attachments that are marked as “CONTROLLED” access. JCP certification is required to view these attachments. Without the JCP certification your company will be denied access.

Here is a view of a Contract Opportunities page within beta.SAM. Note inside the circle it says “CONTROLLED”. If your company is interested in gaining access to view these types of attachments, you must have an assigned and approved Data Custodian listed under the JCP program in advance. If you do not have a certified Data Custodian to represent your company, access will be denied.

This is the home page of The Joint Certification Program (JCP). It is administered by the Defense Logistics Agency. The correct link for the current JCP site:

https://www.dla.mil/HQ/LogisticsOperations/Services/JCP

Please click on “DD2345 Instructions” it will take you here for instructions of what you are required to do going forward. Or go here:

https://www.dla.mil/HQ/LogisticsOp erations/Services/JCP/DD2345Instruc tions/

After reading this, please click on “DD2345 Form Specific Instructions” here:

Clicking will take you here:

https://www.dla.mil/HQ/Logisti csOperations/Services/JCP/Spec ificDD2345Instructions.aspx

Follow these instructions of what you will be required to do going forward.

PLEASE NOTE – Effectively immediately, DD2345 requests to JCP can ONLY be sent via email. See Step 1 below

If your company is not JCP certified, the DD Form 2345 will need to be submitted, processed. A certification number will be issued by the JCP if your company is approved.

To view the form instructions please go here:

https://www.dla.mil/HQ/LogisticsOperati ons/Services/JCP/SpecificDD2345Instruct ions.aspx following steps of what till fill out in Blocks 1 through 6 on the DD2345.

Additional documentation may be required when submitting the request.

NOTE: If you are going to do business with the Defense Logistics Agency (DLA) additional certification steps are required. The certification for your company may take several weeks/months to be processed.

Sample of the DD 2345

Your company must submit a completed DD Form 2345 to become JCP certified. Consider these points when completing the form:

• The individual listed in block 3A is the single Data Custodian/person for your company

• The Data Custodian is the only one who may be granted access to view drawings for the solicitation

• If the approved Data Custodian leaves the company, the JCP certification becomes invalid and a new DD Form 2345 must be submitted

• If the Data Custodian legally changes any portion of their name a new DD Form 2345 must be submitted

• The Certifying Contractor in block 6 may not be granted access in lieu of the Data Custodian

• If the company is a large company, then a Data Custodian may be assigned per location. Each location will require a DD Form 2345 be submitted and certified

DD Form 2345:

https://www.esd.whs.mil/Portals/54/Documents/DD/forms/dd/dd2345.pdf

When ready, submit as stated.

Processing time is at least 5 business days.

The Data Custodian listed on the DD2345, will be notified within this timeframe if further information/clarification is required.

NOTE: If you are going to do business with the Defense Logistics Agency (DLA) additional certification steps are required.

The certification for your company may take several weeks/months to be processed.

Once Approved, the Data Custodian listed on the D2345 will receive the electronic copy of the DD2345 signed by US and Canadian officials and a copy of the Approval letter

Things to know when dealing with DoD Export-Controlled Documents

The information on the following slides is intended to help you understand what you should do when dealing with DoD export-controlled data/documents of any type. The information is a guideline, here’s what we’ll cover:

1. Understanding DoD Distribution Statements

2. Arms Export Control Act (AECA)

3. Export Control Reform (ECR)

4. Defining DoD export-controlled data/documents

5. Penalties for violating export-control laws and regulations

6. Understanding and notification of Export Control Compliance

7. Certification statement of Export Control Compliance

NOTE: This information is for introductory awareness only and does not take precedence over the regulatory requirements, instructions or directions proscribed by the Department of State or Department of Commerce.

Where information is unclear, conflicts or further clarification is required, individuals should consult the Directorate of Defense Trade Controls at: https://www.pmddtc.state.gov/?id=ddtc_public_portal_contact_us for ITAR related inquiries OR the Bureau of Industry and Security at: https://www.bis.doc.gov/index.php/about-bis/contact-bisforinquiresrelatedtotheExportAdministrationRegulations

What is a DISTRIBUTION STATEMENT?

• Establishes a standard framework and markings for managing, sharing, safeguarding, and disseminating technical data/documents in accordance with policy and law.

• Enables document originators (controlling DoD Office) to signify to what extent technical documents must be controlled.

How do I know if it applicable to the documents I’m accessing/using?

• Newly created, revised, or previously unmarked classified and unclassified technical data/documents generated or managed by all DoD-funded research, development, test, and evaluation (RDT&E) programs, which are the basis of the DoD Scientific and Technical Information Program

• Newly created engineering drawings, engineering data and associated lists, standards, specifications, technical manuals, technical reports, technical orders, blueprints, plans, instructions, computer software and documentation, catalog-item identifications, data sets, studies and analyses, and other technical information that can be used or be adapted for use to design, engineer, produce, manufacture, operate, repair, overhaul, or reproduce any military or space equipment or technology concerning such equipment.

⁕ NOTE: The data may be in tangible form, such as a model, prototype, blueprint, photograph, plan, instruction, or an operating manual, or may be intangible, such as a technical service or oral, auditory, or visual descriptions.

What does a Distribution Statement code mean?

All newly created, revised, or previously unmarked classified and unclassified DoD technical documents shall be assigned Distribution Statement A, B, C, D, E, or F

DISTRIBUTION STATEMENTS Defined:

• DISTRIBUTION STATEMENT A: Approved for public release. Distribution is unlimited.

• DISTRIBUTION STATEMENT B: Distribution authorized to U.S. Government agencies only. Other requests for this document shall be referred to (insert controlling DoD office)

• DISTRIBUTION STATEMENT C: Distribution authorized to U.S. Government agencies and their contractors (fill in reason) (date of determination). Other requests for this document shall be referred to (insert controlling DoD office).

• DISTRIBUTION STATEMENT D: Distribution authorized to the Department of Defense and U.S. DoD contractors only (fill in reason) (date of determination). Other requests shall be referred to (insert controlling DoD office).

• DISTRIBUTION STATEMENT E: Distribution authorized to DoD Components only (fill in reason) (date of determination). Other requests shall be referred to (insert controlling DoD office)

• DISTRIBUTION STATEMENT F: Further dissemination only as directed by (inserting controlling DoD office) (date of determination) or higher DoD authority.” Distribution Statement F may be applied under rare and exceptional circumstances when specific authority exists or when need-to-know must be verified.

Distribution Statements Continued:

• EXPORT CONTROL WARNING. All printed and electronic, including digital, technical documents that are determined to contain export-controlled technical data shall be marked with an export control warning.

When it is technically infeasible to use the entire statement, an abbreviated marking may be used, and a copy of the full statement added to the “Notice To Accompany Release of Export-Controlled Data”

⁕ Note: While publications are being updated, export control warning statements may still reference the Export Administration Act of 1979 (Title 50 USC, App. 2401 et seq.) versus the new enactment of Export Control Reform (Title 50 USC, 4801-4851).

⁕ For additional information related to Distribution Statements please refer to DoD Instruction 5230.24 https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/523024p.pdf?ver=2018-11-08- 120712090

What is the Arms Export Control Act?

• Arms Export Control Act (AECA, 22 USC §2778)

Provides the authority to control the export of defense articles and services, and charges the President to exercise this authority. Executive Order 13637 delegates this statutory authority to the Secretary of State.

• International Traffic in Arms Regulations (ITAR, 22 CFR §120-130)

Implements the authorities of the AECA. These regulations are regularly updated and revised to reflect change in the international political and security climate, as well as technological development.

• United States Munitions List (USML, 22 CFR §121)

Articles, services, and related technical data that are designated as defense articles or defense services pursuant to sections 38 and 47(7) of the AECA constitute the USML.

• Directorate of Defense Trade Controls (DDTC)

The Directorate of Defense Trade Controls (DDTC), Bureau of Political-Military Affairs, in accordance with 22 U.S.C. §2778-2780 of the AECA and the ITAR (22 CFR §120130), is charged with controlling the export and temporary import of defense articles and defense services covered by the USML.

What is Export Control Reform?

• Export Control Reform (ECR, 50 USC §4801 -4851)

Provide authority to regulate exports, to improve the efficiency of export regulation, and to minimize interference with the ability to engage in commerce.

• Export Administration Regulation (EAR, 15 CFR §730-774)

Regulations set forth in parts 730-774, inclusive, of Title 15 of the Code of Federal Regulations, designed primarily to implement Export Control Reform.

The EAR are issued by the United States Department of Commerce, Bureau of Industry and Security (BIS) under laws relating to the control of certain exports, reexports, and activities.

• Commerce Control List (CCL, 15 CFR§774)

A list of items under the export control jurisdiction of the Bureau of Industry and Security, U.S.

Department of Commerce. Note that certain additional items described in part 732 of the EAR are also subject to the EAR. The CCL is found in Supplement No. 1 to part 774 of the EAR.

DoD Export-Controlled Technical Data is:

• Recorded information, regardless of the form or method of the recording, of a scientific or technical nature (including computer software documentation) that is subject to U.S. Federal export control regulations under the jurisdiction of the Department of State (DoS) as [Technical Data, 22 CFR§120.10] and Department of Commerce (DoC) as [Technology, 15 CFR§772.1]. The term does not include computer software or data incidental to contract administration, such as financial and/or management information.

• All Transfers of DoD export-controlled technical data must be conducted in accordance with U.S. Federal export-control regulations.

Transfer Requirements and Control for DoD Export-Controlled Technical Data:

• Transfers of DoD export-controlled technical data by purchasers, bidders, or transferees are subject to the requirements of the appropriate licensing department or agency. In many cases, an export license or other authorization may be required prior to transfer.

• With respect to DoD export-controlled technical data covered under the USML, registration of the purchaser's, bidder's, transferee's business with the DoS may also be required. It is the responsibility of the purchaser, bidder, transferee to determine what the applicable requirements may be and to obtain all necessary authorization or approvals.

• Controls Tangible / Intangible Transfers.The United States and other key supplier countries control the transfer of "technology" not in the public domain that is necessary for the development, production, or use of controlled commodities in the same ways that controls are maintained on transfers of the commodities themselves. Furthermore, the United States makes no legal distinction between "tangible" and "intangible" transfers of controlled technology, the form that the technology takes and the means of transfer is not relevant.

These U.S. Federal export-controls also cover all forms of transfer, including emails, faxes, and face-to-face conversations. Under U.S. law, providing controlled technology to a foreign person, whether within the U.S. or not, is deemed to be equivalent to physically exporting that technology to the country of the person's nationality.

Penalties for Violating the AECA:

• AECA (22 USC §2778(c) Criminal violations; punishment)

Any person who willfully violates any provision of this section, section 2779 of this title, a treaty referred to in subsection (j)(1)(C)(i), or any rule or regulation issued under this section or section 2779 of this title, including any rule or regulation issued to implement or enforce a treaty referred to in subsection (j)(1)(C)(i) or an implementing arrangement pursuant to such treaty, or who willfully, in a registration or license application or required report, makes any untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements therein not misleading, shall upon conviction be fined for each violation not more than $1,000,000 or imprisoned not more than 20 years, or both.

Penalties for Violating the ECR:

• ECR (50 USC §4819 (b) Criminal Penalty)

A person who willfully commits, willfully attempts to commit, or willfully conspires to commit, or aids and abets in the commission of, an unlawful act described in subsection (a)(1) shall be fined not more than $1,000,000; and (2) in the case of the individual, shall be imprisoned for not more than 20 years, or both.

• ECR (50 USC §4819 (c) Civil Penalty)

Authority: The Secretary may impose the following civil penalties on a person for each violation by that person of this subchapter or any regulation, order, or license issued under this subchapter, for each violation:

(A) A fine of not more than $300,000 or an amount that is twice the value of the transaction that is the basis of the violation with respect to which the penalty is imposed, whichever is greater.

(B) Revocation of a license issued under this subchapter to the person.

(C) A prohibition on the person's ability to export, reexport, or in-country transfer any items controlled under this subchapter.

Understanding and Notifications:

1. The use, disposition, export and re-export of this property is subject to all applicable U.S. Laws and Regulations, including but not limited to the

Arms Export Control Act (22 USC 2751 et seq.); Export Control Reform (50 USC 4801-4851); Executive Order 13222, as amended; International Traffic in Arms Regulations (22 CFR 120 et seq.); Export Administration Regulations (15 CFR 730 et seq.); Foreign Assets Control Regulations (31 CFR 500 et seq.) and the Espionage Act (18 USC 793 et seq.); which, among other things, prohibit:

a) The making of false statements and concealment of any material information regarding the use or disposition, export or re-export of the property and

b) Any use, disposition, export or re-export of the property not permitted by applicable statute and regulation.

2. The submission of false or misleading information and/or concealment of any material facts regarding the use, disposition or export of this property may constitute a violation of provisions of 18 USC 793/1001, 22 USC 2778/2779, 50 USC 4819. Sanctions for violations will be in conformity with U.S laws and regulations (including Federal Acquisition Regulations and DoDI 2030.08) and may include the denial of U.S. export privileges and of any participation in future U.S. Government contracts.

3. Transfers of USML and CCLI property by purchasers/bidders/transferees are subject to the requirements of the appropriate licensing department or agency. In many cases, an export license or other authorization may be required. With respect to USML, registration of the purchaser's/bidder's/ transferee's business with the Department of the State may also be required. It is the responsibility of the purchaser/bidder/transferee to determine what the applicable requirements may be and to obtain all necessary authorization or approvals.

4. When USML/CCLI property is transferred, the information in this form regarding the above laws and regulations must be passed to the subsequent purchaser/receiver. Records of Resale in buyer's possession should be available for Trade Security Controls Office review, if requested.

5. The DD2345 number, Invitation For Bid and Sale/Exchange Contract number can be referenced when submitting an application for an export license or other authorization to the Department of State for USML or Department of Commerce for CCLI.

6. The Government expects the Purchaser/Recipient to cooperate with all authorized Government representatives to verify the existence and condition of USML/CCLI.

United States/Canada Joint Certification Program (JCP)

20 May 2020

What is the U.S./Canada Joint Certification Program and why does my company need a certification?

• The JCP was established in 1985 to allow United States (U.S.)/Canadian contractors to apply for access to Department of Defense/Department of National Defence (DOD/DND) unclassified export controlled technical data/critical technology on an equally favorable basis.

• Certification under the JCP establishes the eligibility of a U.S. or Canadian contractor to technical data governed, in the U.S., by DODI 5320.25 and, in Canada, by the Technical Data Control Regulations (TDCR)

• A certification is required by U.S. or Canadian contractors that wish to obtain access to unclassified technical data disclosing militarily critical technology with military or space application that is under the control of, or in the possession of the U.S. DOD or the Canadian Department of National Defence (DND)

The bottom line: In beta.SAM some Contract Opportunities have attachments that are marked as “CONTROLLED” access. JCP certification is required to view these attachments. Without the JCP certification your company will be denied access.

Here is a view of a Contract Opportunities page within beta.SAM. Note inside the circle it says “CONTROLLED”. If your company is interested in gaining access to view these types of attachments, you must have an assigned and approved Data Custodian listed under the JCP program in advance. If you do not have a certified Data Custodian to represent your company, access will be denied.

This is the home page of The Joint Certification Program (JCP). It is administered by the Defense Logistics Agency. The correct link for the current JCP site:

https://www.dla.mil/HQ/LogisticsOperations/Services/JCP

Please click on “DD2345 Instructions” it will take you here for instructions of what you are required to do going forward. Or go here:

https://www.dla.mil/HQ/LogisticsOp erations/Services/JCP/DD2345Instruc tions/

After reading this, please click on “DD2345 Form Specific Instructions” here:

Clicking will take you here:

https://www.dla.mil/HQ/Logisti csOperations/Services/JCP/Spec ificDD2345Instructions.aspx

Follow these instructions of what you will be required to do going forward.

PLEASE NOTE – Effectively immediately, DD2345 requests to JCP can ONLY be sent via email. See Step 1 below

If your company is not JCP certified, the DD Form 2345 will need to be submitted, processed. A certification number will be issued by the JCP if your company is approved.

To view the form instructions please go here:

https://www.dla.mil/HQ/LogisticsOperati ons/Services/JCP/SpecificDD2345Instruct ions.aspx following steps of what till fill out in Blocks 1 through 6 on the DD2345.

Additional documentation may be required when submitting the request.

NOTE: If you are going to do business with the Defense Logistics Agency (DLA) additional certification steps are required. The certification for your company may take several weeks/months to be processed.

Sample of the DD 2345

Your company must submit a completed DD Form 2345 to become JCP certified. Consider these points when completing the form:

• The individual listed in block 3A is the single Data Custodian/person for your company

• The Data Custodian is the only one who may be granted access to view drawings for the solicitation

• If the approved Data Custodian leaves the company, the JCP certification becomes invalid and a new DD Form 2345 must be submitted

• If the Data Custodian legally changes any portion of their name a new DD Form 2345 must be submitted

• The Certifying Contractor in block 6 may not be granted access in lieu of the Data Custodian

• If the company is a large company, then a Data Custodian may be assigned per location. Each location will require a DD Form 2345 be submitted and certified

DD Form 2345:

https://www.esd.whs.mil/Portals/54/Documents/DD/forms/dd/dd2345.pdf

When ready, submit as stated.

Processing time is at least 5 business days.

The Data Custodian listed on the DD2345, will be notified within this timeframe if further information/clarification is required.

NOTE: If you are going to do business with the Defense Logistics Agency (DLA) additional certification steps are required.

The certification for your company may take several weeks/months to be processed.

Once Approved, the Data Custodian listed on the D2345 will receive the electronic copy of the DD2345…