Attach 5 DD 254 FOUO.pdf

DEPARTMENT OF DEFENSE

CONTRACT SECURITY CLASSIFICATION SPECIFICATION

1. CLEARANCE AND SAFEGUARDING

(The requirements of the DoD Industrial Security Manual apply to all security aspects of this effort.)

a. FACILITY CLEARANCE REQUIRED

Secret

b. LEVEL OF SAFEGUARDING REQUIRED

Secret

2. THIS SPECIFICATION IS FOR: (X and complete as applicable) 3. THIS SPECIFICATION IS: (X and complete as applicable)

a. PRIME CONTRACT NUMBER

TBD

a. ORIGINAL (Complete date in all cases) Date (YYYYMMDD)

b. SUBCONTRACT NUMBER

b. REVISED (Supersedes all previous specs)

Revision No.

NA

Date (YYYYMMDD)

c. SOLICITATION OR OTHER NUMBER H2222-09-R-0006

DUE DATE (YYYYMMDD)

20090512

c. FINAL (Complete Item 5 in all cases) Date (YYYYMMDD)

4. IS THIS A FOLLOW-ON CONTRACT? YES NO If YES, complete the following

Classified material received or generated under (Preceding Contract Number) is transferred to this follow-on contract

5. IS THIS A FINAL DD FORM 254? YES NO If Yes, complete the following:

In response to the contractor’s request dated , retention of the classified material is authorize d for the period of

6. CONTRACTOR (Include Commercial and Government Entity (CAGE) Code)

a. NAME, ADDRESS, AND ZIP CODE

TBD

b. CAGE CODE

c. COGNIZANT SECURITY OFFICE (Name, Address, and Zip Code)

7. SUBCONTRACTOR

a. NAME, ADDRESS, AND ZIP CODE b. CAGE CODE c. COGNIZANT SECURITY OFFICE (Name, Address, and Zip Code)

8. ACTUAL PERFORMANCE

a. LOCATION Contractor location TBD

b. CAGE CODE

c. COGNIZANT SECURITY OFFICE (Name, Address, and Zip Code)

9. GENERAL IDENTIFICATION OF THIS PROCUREMENT

SDN-L Satellite Communications system for Small Special Operations Teams. Period of performance: TBD

10. THIS CONTRACT WILL REQUIRE ACCESS TO: YES NO 11 . IN PERFORMING THIS CONTRACT, THE CONTRACTOR WILL: YES NO

a. COMMUNICATIONS SECURITY (COMSEC)

INFORMATION

a. HAVE ACCESS TO CLASSIFIED INFORMATION ONLY AT ANOTHER

CONTRACTOR’S FACILITY OR A GOVERNMENT ACTIVITY

b. RESTRICTED DATA

b. RECEIVE CLASSIFIED DOCUMENTS ONLY

c. CRITICAL NUCLEAR WEAPON DESIGN INFORMATION

c. RECEIVE AND GENERATE CLASSIFIED MATERIAL

d. FORMERLY RESTRICTED DATA

d. FABRICATE, MODIFY, OR STORE CLASSIFIED HARDWARE

e. INTELLIGENCE INFORMATION e. PERFORM SERVICES ONLY

(1) Sensitive Compartmented Information (SCI)

f. HAVE ACCESS TO U.S. CLASSIFIED INFORMATION OUT SIDE THE U.S., PUERTO RICO, U.S. POSSESSIONS AND TRUST TERRITORIES

(2) Non-SCI

g. BE AUTHORIZED TO USE THE SERVICES OF DEFENSE TE CHNICAL

INFORMATION CENTER (DTIC) OR OTHER SECONDARY DISTRIBUTION

CENTER

f. SPECIAL ACCESS INFORMATION

h. REQUIRE A COMSEC ACCOUNT

g. NATO INFORMATION

i. HAVE TEMPEST REQUIREMENTS

h. FOREIGN GOVERNMENT INFORMATION

j. HAVE OPERATIONS SECURITY (OPSEC) REQUIREMENTS

i. LIMITED DISSEMINATION INFORMATION k. BE AUTHORIZED TO USE THE DEFENSE COURIER SERVIC E

j. FOR OFFICIAL USE ONLY INFORMATION WILL BE HANDLED IAW FOUO Addendum

l. OTHER (Specify ) X

k. OTHER (Specify)

NIPRNET access required at contractor facility.

DD Form 254, DEC 1999 PREVIOUS EDITION IS OBSOLE TE

12. PUBLIC RELEASE. Any information (classified or unclassified) pertaining to this contract shall not be released for public dissemination except as provided by the Industrial Security Manual or unless it has been approved for public release by appropriate U.S. Government authority. Proposed public releases shall be submitted for approval prior to release. Direct Through (Specify)

Requests must be forwarded through the certifying official (block 16), USSOCOM Office of Public Affairs (SOCS-PA), and the Contracting Officer To the Directorate for Freedom of Information and Security Review, Office of the Assistant Secretary of Defense (Public Affairs)* for review.

* In the case of non-DoD User Agencies, requests for disclosure shall be submitted to that agency

13. SECURITY GUIDANCE. The security classification guidance needed for this classified effort is identified below. If any difficulty is encountered in applying this guidance, or if any other contributing factor indicates a need for changes in this guidance, the contractor is authorized and encouraged to provide recommended changes. The contractor may also challenge guidance or the classification assigned to any information or material furnished or generated under this contract; and may submit questions for interpretation of the guidance to the official identified below. Pending final decision, the information involved shall be handled and protected at the highest level of classification assigned or recommended. (Fill in as appropriate for the classified effort. Attach, or forward under separate correspondence, any documents/guides/extracts referenced herein. Add additional pages as needed to provide complete guidance.)

The Program Manager listed in block 16 will provide a copy of all applicable security directives for this contract. Appropriate local service/component command security directives, regulations, and standard operating procedures will be provided by the requiring agency (normally through the Performance Monitor or component command COR).

Upon completion or termination of the classified contract, or sooner when the purpose of the release has been served, the contractor will return all classified information (furnished or generated to the source from which received unless retention or other disposition instructions are authorized in writing by the USSOCOM Government Contracting Agency/Activity. Furthermore, the contractor will account for and return to the appropriate issuing office, all identification badges and/or entry passes/vehicle decals issued to contractor personnel upon completion or termination of the classified contract, termination of employment, or suspension of classified clearance or access of any contractor employee.

Ref 10a: COMSEC security requirements apply. Contractor must forward requests for COMSEC material/information to the appropriate COMSEC officer through the program office. The contractor is governed by DoD 5220.22-M, NISPOM. Access to COMSEC material by personnel is restricted to U.S.

citizens holding final U.S. Government clearances. Such information is not releasable to personnel holding only reciprocal clearances. The government program/project manager shall designate the number of personnel requiring cryptographic access. The number will be limited to the minimum necessary and will be on a strict need-to-know basis. Additional COMSEC requirements may be required at non USSOCOM locations/facilities (based on service/command requirements). The Performance Monitor or component command COR at these locations/facilities will provide specific information.

- Subcontracting of COMSEC material by a contractor requires prior approval of the contracting activity.

- Access to COMSEC material requires special briefings.

- Access to classified COMSEC material requires a final U.S. Government clearance at the appropriate level.

- Access to COMSEC material may require contractor to complete a counterintelligence (CI) scope polygraph examination.

Ref 10j: FOUO information provided under this contract shall be safeguarded as specified in the attachment, Protecting for Official Use Only (FOUO) information.

Ref 11c: The contractor requires access to classified source data up to and including Secret data in support of the work effort. Any extracts or use of such data requires the contractor to apply derivative classifications and markings consistent with the source documents. Use of "Multiple Sources" on the "Derived From" line necessitates compliance with the NISPOM, paragraph 4-208a, and the use of a bibliography.

All development of databases, classified hardware, and graphics (when conducted at the contractor's location) will be done upon Defense Security Service approved automated information security (AIS) equipment.

All classified information/hardware developed will be classified pursuant to derivative classification procedures or as any applicable classification guide so dictates (NISPOM Ch 4, Section 2) and Executive Order 12958 as amended. All applicable classification guides will be identified and made available by the program manager located in block 16.

Meetings or visits conducted by the contractor will be done IAW NISPOM Ch 6.

USSOCOM Contracting Activity will be notified prior to any portion of this contract being subcontracted out.

RELEASE OR DISCUSSION OF CLASSIFIED DURING THIS SOL ICITATION IS NOT AUTHORIZED WITHOUT PRIOR VERIFICAT ION OF

FACILITY/PERSONNEL CLEARANCE THROUGH THE SOCOM INDU STRIAL SECURITY OFFICE.

Reviewed/Approved Michael Cauble USSOCOM Industrial Security 21 Apr 09

14. ADDITIONAL SECURITY REQUIREMENTS. Requirements, in addition to ISM requirements, are established for this contract. YES NO (If Yes, identify the pertinent contractual clauses in the contract document itself, or provide an appropriate statement, which identifies the additional requirements. Provide a copy of the requirements to the Cognizant Security Office. Use Item 13 if additional space is needed.)

Contractor personnel will be authorized to courier classified information up to the “Secret” level in performance of official duties upon approval of, and designation by, the COR.

15. INSPECTIONS. Elements of this contract are outside the inspection responsibility of the Cognizant Security Office. YES NO (If Yes, explain and identify specific areas or elements carved out and the activity responsible for inspections. Use Item 13 if additional space is needed.)

16. CERTIFICATION AND SIGNATURE. Security require ments stated herein are complete and adequate for s afeguarding the classified information to be released or generated under this classified e ffort. All questions shall be referred to the offi cial named below.

X

a. TYPED NAME OF CERTIFYING OFFICIAL Kevin Sheppard

b. TITLE Contracting Officer's Representative

c. TELEPHONE (Include Area Code) 813-281-0560 ext. 274

d. ADDRESS (Include Zip Code) 17. REQUIRED DISTRIBUTION

USSOCOM

7701 Tampa Point Blvd.

MacDill AFB, Florida 33621

a. CONTRACTOR

b. SUBCONTRACTOR

c. COGNIZANT SECURITY OFFICE FOR PRIME AND SUBCONTRACTOR

e. SIGNATURE

D. U.S. ACTIVITY RESPONSIBLE FOR OVERSEAS SECURITY ADMINISTRATION

E. ADMINISTRATIVE CONTRACTING OFFICER

F. OTHERS AS NECESSARY

DD FORM 254 (BACK), DEC 1999

PROTECTING "FOR OFFICIAL USE ONLY" (FOUO) INFORMATION

1. GENERAL:

a. The "For Official Use Only" (FOUO) marking is assigned to information at the time of its creation in a DoD User

Agency. It is not authorized as a substitute for a security classification marking but is used on official government information that may be withheld from the public under exemptions 2 through 9 of the Freedom of Information Act

(FOI A).

b. Other non-security markings, such as "Limited Official Use" and "Official Use Only" are used by non-DoD User

Agencies for the same type of information and should be safeguarded and handled in accordance with instruction received from such agencies to the extent that such may be withheld from the public under exemptions 2 through 9 of the FOIA and marked in accordance with 2.c below. As used herein, “FOUO” markings shall only be applied to information described in 5 USC § 552(b), and shall also indicate the applicable FOIA Exemption. Contractor shall apply this Attachment 4A in a manner consistent with its policies implementing Section 15 of the Federal Advisory Committee Act, 5 USC App. § 15 (1997).

c. Use of the above markings does not mean that the information cannot be released to the public under FOIA, only that it must be reviewed by the Government prior to its release to determine whether a significant and legitimate government purpose is served by withholding the information or portions of it.

2. MARKINGS:

a. An unclassified document containing FOUO information will be marked "For Official Use Only" at the bottom of the front cover (if any), on the first page, on each page containing FOUO information, on the back page, and on the outside of the back cover (if any). No portion markings will be shown.

b. Within a classified document, an individual page that contains both FOUO and classified information will be marked at the top and bottom with the highest security classification of information appearing on the page. If an individual portion contains FOUO information but no classified information, the portion will be marked, "FOUO."

c. Any "'For Official Use Only" information released to a contractor by a DoD User Agency is required to be marked with the following statement prior to transfer.

“This document contains information EXEMPT FROM MANDATORY DISCLOSURE UNDER THE FOIA.

Exemptions apply.”

d. Removal of the "For Official Use Only" marking can only be accomplished by the originator or other competent authority. When the "For Official Use Only" status is terminated, all known holders will be notified to the extent practical.

3. DISSEMINATION: Contractors may disseminate "For Official Use Only" information to their employees and subcontractors who have a need for the information in connection with a classified contract. Contractors must ensure employees and subcontractors are aware of the special handling instructions detailed below.

4. STORAGE: During working hours, "For Official Use Only" information shall be placed in an out-of-sight location if the work area is accessible to persons who do not have a need for the information. During nonworking hours, the information shall be stored to preclude unauthorized access. Filing such material with other unclassified records in unlocked files or desks, is adequate when internal building security is provided during nonworking hours. When such internal security control is not exercised, locked buildings or rooms will provide adequate after- hours protection or the material can be stored in locked receptacles such as file cabinets, desks, or bookcases.

5. TRANSMISSION: "For Official Use Only" information may be sent via first-class mail or parcel post. Bulky shipments may be sent by fourth-class mail. DoD components, officials of DoD components, and authorized DoD contractors, consultants, and grantees send FOUO information to each other to conduct official DoD business. Tell recipients the status of such information, and send the material in a way that prevents unauthorized public disclosure.

Make sure documents that transmit FOUO material call attention to any FOUO attachments. Normally, you may send FOUO records over facsimile equipment. To prevent unauthorized disclosure, consider attaching special cover sheets, the location of sending and receiving machines, and whether authorized personnel are around to receive FOUO information. FOUO information may be passed to officials in other departments and agencies of the executive and judicial branches to fulfill a government function. Mark the records "For Official Use Only" and tell the recipient the information is exempt from public disclosure under the FOIA and requires special handling. Electronic transmission of FOUO information, e.g., voice, data or facsimile, and e-mail, shall be by approved secure communications systems or systems utilizing other protective measures such as Public Key Infrastructure (PKI), whenever practical.

6. DISPOSITION: When no longer needed, FOUO information must be shredded.

7. UNAUTHORIZED DISCLOSURE: Unauthorized disclosure of "For Official Use Only" information does not constitute a security violation but the releasing agency should be informed of any unauthorized disclosure. The unauthorized disclosure of FOUO information protected by the Privacy Act may result in criminal sanctions and disciplinary action may be taken against those responsible.