Facility Clearance Clarification for BNCC.doc

Facility Clearance Clarification for BNCC FA3022-08-Q-0001 Air Force guidance concerning facility clearances can be found in the AFI31-106 and the National Industrial Security Program Operating Manual (NISPOM). The websites are pasted in this document below respectively.

http://www.e-publishing.af.mil/shared/media/epubs/AFI31-601.pdf http://nsi.org/Library/Govt/Nispom.html#link2 Clarification concerning interim facility clearance and whether a contractor must have a Secret clearance prior to entering into an agreement with the government for a contract that will require a TS clearance is verified below:

Reply from DSS: NISPOM Paragraph 2-100, "Contract award may be made prior to the issuance of a facility clearance. In this case, the contractor will be processed for a facility clearance at the appropriate level and must meet eligibility requirements for access to classified information.

However, the contractor will not be afforded access to classified information until the facility clearance has been granted."

(If an un-cleared company is awarded a classified contract then they must be sponsored for a facility clearance. The contractor cannot have access to classified information until the facility clearance is granted.)

Contracting response: To verify, can the company have access to the classified information if they are being sponsored for the clearance during the interim term before the actual clearance is granted?

Reply from DSS: Yes, once the facility is officially issued their interim facility clearance by the Defense Security Service (DSS) then they can have access up to that level.

See paragraph 2-211a.

"An interim SECRET or CONFIDENTIAL PCL is valid for access to classified information at the level of the eligibility granted, except for RD, COMSEC Information, and NATO information. An interim TOP SECRET PCL is valid for access to TOP SECRET information, RD, NATO Information, and COMSEC information at the SECRET and CONFIDENTIAL level. Access to SCI and SAP information based on an interim PCL is a determination made by the granting authority."

Contracting response: Does a contractor have to have a secret clearance already in place in order to be eligible for a sponsored Interim TS clearance?

Reply from DSS: No. They would be sponsored for a TS facility clearance and if they qualify they will be issued an interim TS facility clearance.

* Note: The estimated date for award decision is 26 Aug 08. The Government will request the interim clearance at that time if required.