Instructions for Obtaining Distribution D Document - 10 Jun 2020.pdf

Distribution A – Authorized for Public Release

Government Process for Release of Protected Information to Vendor/Contractor

Information of identified documentation associated with solicitation/contracts from ACC-Orlando will require protection of a wide variety of sensitive or classified documentation from potential offerors. The documentation associated with this solicitation//contract includes material identified as Unclassified//For Official Use Only (FOUO). The purpose of this document is to provide a summary of the vetting processes that will be used to evaluate each potential offerors for providing access to protected documentation associated with the Cyber TRIDENT solicitation.

In accordance with the Department of Defense (DoD) and Army Regulations (AR), all potential offerors must be vetted for eligibility and FOCI status prior to receive, produce and protect the documentation associated with a particular solicitation/contract.

• For potential offerors planning on submitting a proposal and have previously obtained the FOUO data and have signed Distribution Agreements (DAs) for the Cyber TRIDENT solicitation documents, offerors only need to provide an email, listing names of the prime offeror and their team members and validating all data on the DA is current to receive approval of continual use of FOUO data.

• For potential offeror who have not previously obtained FOUO documentation, offerors shall submit their request from the prime for the prime and their subcontractors and team members the following documents and have completed the following requirements prior to receiving access to Unclassified/FOUO Export Control information:

a. All potential offerors and their subcontractors and team members must have an active certification (approved DD Form 2345 Military Critical Technical Data Agreement) in the Joint Certification Program with Defense Logistics Agency.

b. All potential offerors must have an active registration in System for Award

Management (SAM).

c. All potential offerors (Primes and Subcontractors) must have no misconducts or performance issues with past or current Government contracts. In addition, potential offerors and with any of its key management personnel must be free of any criminal, civil, and administrative proceedings in connection with federal awards; suspensions and debarments; administrative agreements issued in lieu of suspension or debarment; non-responsibility determinations; contracts terminated for fault; defective pricing determinations; and past performance evaluations.

• To request access to Unclassified/FOUO Export Control Information, the following items must be submitted:

1. All potential offerors and their subcontractors and team members must provide an approved DD Form 2345 from the Joint Certification Program.

2. All potential prime offerors must complete the DA for the Cyber TRIDENT solicitation.

DA must be signed by company official listed as the contact in approved DD Form 2345.

3. All potential prime offerors must certify on company letterhead with company name, cage code and country of origin the following certifications:

i. Offerors and/or subcontractor(s) are not Foreign Owned or USA Foreign Owned, Controlled or Influenced (USA FOCI) status.

ii. Offerors is not in the process of a merger or other type of transition/ownership discussions with a Foreign Owned company or USA FOCI company.

If an offeror cannot make the above certifications, then the offeror may still compete on the solicitation by completing the following:

i. Registering with the U.S. State Department and providing a copy of the registration along with the appropriate Department of State Permanent Export License (DSP) or Technical Assistance Agreement (TAA) documents to the Contracting Officer. Visit or contact the U.S. State Department at http://www.pmddtc.state.gov/ for more information on this requirement.

Although timelines will vary, this process takes approximately 45-75 days to complete.

ii. Canadian offerors must provide an approved DD Form 2345.

• Failure or inability to satisfy the requirements of above will make an offeror ineligible to receive Unclassified//FOUO Export Control data / information.

• After initial submissions and approval, all prime offerors will complete DA’s between the prime and subcontractors and team members, but do not need to forward to the Government with their request. Finally, only the prime offerors must submit the certifying letter with their request, and subcontractor and team members do not need to submit the certifying letters to the Government with their request. If additional http://www.pmddtc.state.gov/ http://www.pmddtc.state.gov/ subcontractors and team members need to be added to a prime offeror’s listing after initial submission, the prime offeror shall submit the new subcontractor/team member’s DD2345 to be vetted by the Government for approval.

All request for FOUO documentation and coordination shall be submitted to the following POC:

Angie Kalsi Angie.t.kalsi.ctr@mail.mil Ph 407-384-3700 mailto:Angie.t.kalsi.ctr@mail.mil