Attachment_1_-_DD_254.pdf

1. CLEARANCE AND SAFEGUARDING

DEPARTMENT OF DEFENSE a. FACILITY CLEARANCE REQUIRED

CONTRACT SECURITY CLASSIFICATION SPECIFICATION CONFIDENTIAL

(The requirements of the DoD Industrial Security Manual apply

b. LEVEL OF SAFEGUARDING REQUIRED to all security aspects of this effort.)

NONE

2. THIS SPECIFICATION IS FOR: (X and complete as applicable) 3. THIS SPECIFICATION IS: (X and complete as applicable) x a. PRIME CONTRACT NUMBER x DATE (YYYYMMDD)

TBA a. ORIGINAL (Complete date in all cases) 20151016 b .. SUBCONTRACT NUMBER b. REVISED I REVISION NO. DATE (YYYYMMDD)

(Supersedes all previous specs)

c. SOLICITATION OR OTHER NUMBER DUE DATE (YYYYMMDD) DATE (YYYYMMDD)

IDIQ-FY 2015-FY 2020 c. FINAL (Complete Item 5 in all cases)

4. IS THIS A FOLLOW-ON CONTRACT? L_JYES LXJ 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? L_JYES LXJ NO. If Yes, complete the following:

In response to the contractor's request dated , retention of the classified material is authorized for the period of

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

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

TBA

7. SUBCONTRACTOR

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

8. ACTUALPERFORMANCE

a. LOCATION b.CAGECODE c. COGNIZANT SECURITY OFFICE (Name, Address, and Zip Code)

Portsmouth Naval Shipyard 39040

Bldg.29 2nd floor, Code 1123.3 Kittery, ME. 03904-5000

9. GENERAL IDENTIFICATION OF THIS PROCUREMENT

The contractor will provide various qualified personnel capable of performing the typical tasks identified by trade in Appendix (A) as requested by Portsmouth Naval Shipyard at any time duiing the period of performance of this contract.

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

a. COMMUNICATIONS SECURITY (COMSEC) INFORMATION x a. ea~,.~~f~·J°FACILITY oR' P:<3Ci''7E'RNM-g~fl~b1-.tM"'u I MC:r< x

b. RESTRICTED DATA x b. RECEIVE CLASSIFIED DOCUMENTS ONLY x

c. CRITICAL NUCLEAR WEAPON DESIGN INFORMATION x c. RECEIVE AND GENERATE CLASSIFIED MATERIAL x

d. FORMERLY RESTRICTED DATA /' x d. FABRICATE, MODIFY, OR STORE CLASSIFIED HARDWARE x

e. INTELLIGENCE INFORMATION e. PERFORM SERVICES ONLY x

(1) Sensitive Compartmented Information (SCI) x t. ~fi~~rn R1r.r • 1Ps~ll"o~~§§/5WM AND~TR"Osrr~AAlt8'h'IM Mc u.s .. x

(2) Non-SCI x g. !!~~~~IB¥i?!i'6~uol/-~M~'Eo~~~l:;lf.W~ .~::"·;~~N ~ IN•Ur<Ml\1 IUN x

f. SPECIAL ACCESS INFORMATION x h. REQUIRE A COMSEC ACCOUNT x

g. NATO INFORMATION x i. HAVE TEMPEST REQUIREMENTS x

h. FOREIGN GOVERNMENT INFORMATION x j. HAVE OPERATIONS SECURITY (OPSEC) REQUIREMENTS x

i. LIMITED DISSEMINATION INFORMATION x k. BE AUTHORIZED TO USE THE DEFENSE COURIER SERVICE x

j. FOR OFFICIAL USE ONLY INFORMATION x I. OTHER (Specify) x

k. OTHER (Specify) x See Block 13 NNPI/U-NNPI (See Block 13)

DD FORM 254, DEC 1999 PREVIOUS EDITION IS Ol;ISOLETE. Adobe Professional 7.0

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)

COMMANDER, NAVAL SEA SYSTEMS COMMAND (SEA OOD)

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; to challenge the guidance or the classification assigned to any information or material furnished or generated under this contract; and to submit any questions for interpretation of this 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.)

I. In addition to clearances required herein, only employees certified by the contractor to be U.S. citizens or U.S. nationals will be permitted access to U.S. work sites.

2. Performance of work will require access to classified information, material, and/or areas. All contractor employees performing duties under this contract must have, at a minimum, a final-adjudicated Confidential Personnel Security Clearance (PCL) granted prior to being assigned to perform work at this facility. The contractor shall submit visit requests via the Joint Personnel Adjudication System (JP AS). Visit requests submitted by other means will not be accepted without Facility Security Officer signed verification as to the level of security clearance granted to each employee on the visit request.

3. (Block 10.b) Access to Restricted Data requires a final-adjudicated U.S. government Personal Security Clearance at the appropriate level and a vaiid, documented Need-to-Know.

4. (Block 10.j) Attachment I shall be referenced as guidance for the use, marking, access and protection of For Official Use Only (FOUO) information.

5. (Block 10.k) Attachment 2 shall be referenced as guidance for the handling and use ofNaval Nuclear Propulsion Information (NNPI.) Need to Know (NTK) verification must be provided to local Security Office prior to granting access to NNPI or areas containing Restricted Data (RD.)

SEE CONTINUATION SHEET

14. ADDITIONAL SECURITY REQUIREMENTS. Requirements, in addition to ISM requirements, are established for this contract. LJ Yes lXJ 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.)

15. INSPECTIONS. Elements of this contract are outside the inspection responsibility of the cognizant security office. LJ Yes lXJ 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 requirements stated herein are complete and adequate for safeguarding the classified information to be released or generated under this classified effort. All questions shall be referred to the official named below.

a. TYPED NAME OF CERTIFYING OFFICIAL I b. TITLE I c. TELEPHONE (Include Area Code)

John WWallpe

d. ADDRESS (Include Zip Code)

Portsmouth Naval Shipyard Code 1700, Building 29, 2nd Floor

Industrial Security Specialist

17. REQUIRED DISTRIBUTION

[XJ a. CONTRACTOR

b. SUBCONTRACTOR

(207) 438-1544

I Portsmouth, NH. 03804 tXJ c. COGNIZANT SECURITY OFFICE FOR PRIME AND SUBCONTRACTOR

e. SIGJJ_ LJ olkU

DD F~ 254 (BACK), 8EC 1999

d. U.S. ACTIVITY RESPONSIBLE FOR OVERSEAS SECURITY ADMINISTRATION lxl e. ADMINISTRATIVE CONTRACTING OFFICER lxl f. OTHERS AS NECESSARY

BLOCK 13. SECURITY GUIDANCE (CONTINUATION PAGE 1 OF 1) (N00024'.'15-R3294).

6. Reqt,iirements for the handling, storage and dissemination of Cla8sified information and Not Releasable to Foreign ~ationals (NOFORN) information are provided in SECNAV M-5510.36 and OPNAVINST N9210.3.

7. Classified or unclas8ified technical papers to be presented at a classified symposium must be approved by the NAVSEAHQ Contracting Officer's Representative prior to the presentation.

8. Security Cl~sification guides (DOOM 5200.01 Volume 4) and unclassified limited documents (e. g., FOUO, Distribution Statement Controlled) are not authorized for public release; therefore, they can not be posted on a publicly accessible web server or transmitted over the internet unless appropriately encrypted. Request for public release can not be transmitted via the internet until the contractor receives final approval from NAVSEA

(SEAOOD);

9. All contractor requests for sharing of classified and other sensitive information between prime contracts must be forwarded in writing to the NAVSEA Office of Security Programs (SEA OOP) .identified in block 16 of this form for approval.

10. If the' Prime Contract or any part of it is Su~Contracted out, the Prime Contractor will forward a DD 254 with any issued or awarded Sub-Contract. Sigoed by the issuing Prime Contractor's Facility Security Officer (FSO) or his Warranted representative.

11. THIS 00254 IS FOR SOLICITAION PURPOSE ONLY. IT MUST BE RETURNED TO PORTSMOUTH NAVAL

SHIPYARD CONTRACTING OFFICE TO BE UPDATED WITH A CONTRACT NUMBER AND A

CONTRACTOR'S NAME WHEN A CONTRACTOR IS SELECTED FOR THE CONTRACT.

ATTACHMENT 1

GUIDANCE FOR FOUO INFORMATION

a. Description. FOR OFFICIAL USE ONLY (FOUO) is a dissemination control applied by the Department of Defense to unclassified information when disclosure to the public of that particular record, or portion thereof, would reasonably be expected to cause a foreseeable harm to an interest protected by one or more of FOIA Exemptions 2 through 9. Refer to DODM 5200.01, Volume 4 for an explanation and use of each exemption.

b. Application.

(1) It is the responsibility of the document's originator to determine at origination whether the information may qualify for FOUO status and to ensure markings are applied as required. Further details on the types of information that may qualify for the specified exemptions and FOUO status can be found in Chapter 3 of DoD 5400.7-R.

(2) Information that is currently and properly classified shall be withheld from mandatory release in accordance with FOIA Exemption 1. The marking "FOR OFFICIAL USE ONLY'' is applied to information that can reasonably be expected to qualify for exemption under one or more of FOIA Exemptions 2 through 9. By definition, information must be unclassified in order to be designated FOUO. This means that:

(a) Information cannot be marked as classified and FOUO at the same time, because no individual element of information can be simultaneously classified and FOUO. Therefore, classified documents containing FOUO information cannot bear an overall document marking of FOUO. However, portions or pages of a classified document that contain only FOUO information will be marked in a manner that identifies the FOUO content.

(b) Information that is declassified may be designated and marked as FOUO only when disclosure to the public of that particular record, or portion thereof, would reasonably be expected to cause a foreseeable harm to an interest protected by one or more of FOIA Exemptions 2 through 9.

(c) FOUO is not authorized as a means of protecting information that otherwise does not merit protection as classified for national security reasons.

c. Markings.

(1) Information that has been determined to qualify for FOUO status shall be indicated by markings.

Markings are to be applied at the time documents are created to properly protect the information. When a classified document or portion thereof is declassified, FOUO markings may be applied, if applicable, to protect the information.

(2) Marking information FOUO does not automatically qualify it for exemption from public release pursuant to the FOIA. If a request for a record is received, the information shall be reviewed in accordance with the procedures of DOD 5200.2-R to determine if it truly qualifies for exemption. Similarly, the absence of the FOUO marking does not automatically mean the information shall be released. Some types of records (e.g., personnel records) are not normally marked FOUO, but may still qualify for withholding in accordance with the FOIA. Information marked FOUO shall not specify, or have annotated, a FOIA exemption number.

(3) Unclassified documents and material, including information in electronic form, containing FOUO information shall be marked as follows:

(a) Each document determined to contain FOUO information shall identify the originating agency or office. This information shall be clear and complete enough to allow someone receiving the document to contact the office if questions or problems about the designation or markings arise.

(b) Documents shall be marked "FOR OFFICIAL USE ONLY'' at the bottom of the outside of the front cover (if there is one), the title page, the first page, and the outside of the back cover (if there is

Page 1of5

Source: DOOM 5200.01, Volume4 (24 FEB 12) Clause Revision: AUG 2013 one). Optionally, for consistency with classified systems, the document may be marked

"UNCLASSIFIED//FOR OFFICIAL USE ONLY."

(c) Internal pages of the document that contain FOUO information shall be marked "FOR OFFICIAL USE ONLY" at the bottom. Optionally, for consistency with classified systems, internal pages may be marked "UNCLASSIFIED//FOR OFFICIAL USE ONLY" or "UNCLASSIFIED//FOUO"; in such case internal pages shall be marked at both the top and bottom.

(d) Subjects, titles, and each section, part, paragraph, or similar portion of an FOUO document shall be marked to show that they contain information requiring protection. Use the parenthetical notation "(FOUO)" (or optionally "(U//FOUO)") to identify information as FOUO for this purpose. Place this notation immediately before the text.

(e) Each part of electronically transmitted messages, including e-mail, containing FOUO information shall be marked as required by paragraph (c) of this enclosure. Unclassified messages containing FOUO information shall be marked "FOR OFFICIAL USE ONLY" (optionally "UNCLASSIFIED// FOR OFFICIAL USE ONLY" or "UNCLASSIFIED//FOUO") before the beginning of the text and shall contain the parenthetical portion marking "(FOUO)" (optionally "(U//FOUO)") at the beginning of each portion containing FOUO information.

(f) Transmittal documents that have FOUO attachments, but no classified material attached, shall be marked with the following statement or a similar one: "FOR OFFICIAL USE ONLY ATTACHMENT."

(g) When FOUO information is contained in media or material (including hardware and equipment) not commonly thought of as documents (e.g., computer files and other electronic media, audiovisual media, chart, maps, films, sound recordings), the requirement remains to identify, as clearly as possible, the information that requires protection. The main concern is that holders and users of the material are clearly notified of the presence of FOUO information. The markings required by this enclosure shall be applied either on the item or the documentation that accompanies it. Particular requirements and exceptions are noted in the following subparagraphs.

1. Information Technology and Other Electronic Media. Conspicuously mark removable storage media used with computers, information technology systems, and other electronic devices and any other device on which data is stored and which normally is removable from the system by the user or operator. (Examples of such media include, but are not limited to, compact discs (CDs), digital video discs (DVDs), removable hard disks, flash or "thumb" drives, magnetic tape reels, disk packs, floppy disks and diskettes, disk cartridges, optical discs, paper tape, magnetic cards, memory chips, tape cassettes, and micro-cassettes.) Internal media identification will include FOUO markings in a form suitable for the media. Where size permits, all such devices bearing FOUO information must be conspicuously marked on the device or a label affixed thereto. Where size or technology preclude marking or affixing a label to the removable device itself (e.g., compact disc-read only memory (CD-HOM), memory chips), the label may be affixed to the container in which the device is stored.

2_. Blueprints. Engineering Drawings. Charts. and Maps. Mark blueprints, engineering drawings, charts, maps, and similar items not contained within another document, with the FOUO designation when applicable. The marking shall be unabbreviated, conspicuous, and applied top and bottom, if possible, in such a manner as to ensure reproduction on any copies. The legend or title shall also be marked. The parenthetical marking "(FOUO)" or "(U//FOUO)" following the legend or title may be used. If the blueprints, maps, and other items are large enough that they are likely to be rolled or folded, additional FOUO markings shall be placed to be visible when the item is rolled or folded.

2. Photographic Media.

~·Mark photographs and negatives "FOR OFFICIAL USE ONLY" (optionally

"UNCLASSIFIED//FOR OFFICIAL USE ONLY" or "UNCLASSIFIED//FOUO"). Mark photographs on the face, if possible. Where this cannot be done, the marking may be placed on the reverse side. Digital photographs may be edited to place the markings on the face of the photograph.

Q. Mark roll negatives and positives, and other film containing FOUO either on the film itself or on the canister, if one is used. If placed on the film itself, the marking shall be placed at the beginning and end of the roll.

Source: DOOM 5200.01, Volume 4 (24 FEB 12)

Q. Mark slides and transparencies on the image area of the item and also on the border, holder, or frame, if any. Information on the image area of each slide or transparency shall be portion marked in accordance with this enclosure .

.Q. Mark DVDs, video tapes, and motion picture films at the beginning and end of the presentation (i.e., the played or projected portion). Discs, reels, and cassettes shall be marked and, when stored in a container, the container shall also be marked.

~- Sound Recordings. Plac~ an audible statement of the designation of FOUO at the beginning and end of sound recordings. Reels or cassettes shall be marked as required, and when stored in a container, the container shall be marked.

§.Microfilm. Microfiche. and Similar Microform Media. Mark microfilm, microfiche, and similar microform media "FOR OFFICIAL USE ONLY" (optionally "UNCLASSIFIED//FOR OFFICIAL USE ONLY'' or "UNCLASSIFIED//FOUO") in the image area that can be read or copied. Such media also shall have this marking applied so it is visible to the unaided eye. Any containers shall contain the required markings, except no markings are required if the container is transparent and the marking on the media itself is clearly visible.

(4) Classified documents and material, including those in electronic form, that also contain FOUO information shall be marked in accordance with Volume 2 of DOOM 5200.01, with FOUO information identified as follows:

(a) Overall markings on the document shall follow the guidance in Volume 2 of DOOM 5200.01.

No additional special markings are required on the face of the document because it contains FOUO information.

(b) Pages of the document that contain classified information shall be marked in accordance with Volume 2 of this Manual. Pages that contain FOUO information but no classified information shall be marked "UNCLASSIFIED//FOR OFFICIAL USE ONLY" or "UNCLASSIFIED//FOUO" at the top and bottom if the overall document classification is not used as the page marking.

(c) Portions of the document shall be marked with their classification in accordance with Volume 2 of DOOM 5200.01. If there are unclassified portions that contain FOUO information, use the parenthetical notation "(U//FOUO)" at the beginning of the portion. If a portion of a classified document contains both classified and FOUO information, the appropriate classification designation is sufficient to protect the information, and no additional marking shall be used to designate the FOUO content.

(d) Each portion of electronically transmitted classified messages, including e-mail, containing FOUO information shall be marked appropriately.

(5) FOUO information disseminated outside the Department of Defense shall also bear a marking on the outside of the front cover, first page, or at the beginning of the text that states that the information may be exempt from mandatory disclosure in accordance with the FOIA. A statement similar to that shown in Figure 1 is sufficient. A FOIA exemption number shall NOT be applied.

Figure 1. Exemption Notice for FOUO Disseminated Outside of the Department of Defense

This document contains information that may be exempt from mandatory disclosure under the Freedom of Information Act.

(6) Technical documents that require a distribution statement restricting disclosure and/or an export control warning notice pursuant to DoDD 5230.24 and section 8 of this enclosure should be marked as FOUO when appropriate, in addition to the required distribution statement.

d. Access to FOUO Information.

(1) No person may have access to information designated as FOUO unless that person has been determined to have a valid need for such access in connection with the accomplishment of a lawful and authorized Government purpose.

Source: DOOM 5200.01, Volume4 (24 FEB 12)

(2) The final responsibility for determining whether an individual has a valid need for access to information designated as FOUO rests with the individual who has authorized possession, knowledge, or control of the information, not with the prospective recipient.

(3) Information designated as FOUO may be disseminated within the DoD Components and between officials of DoD Components and DoD contractors, consultants, and grantees to conduct official business for the Department of Defense, provided that dissemination is consistent with any further controls imposed by a distribution statement. (See section 8 of this enclosure for information on distribution statements.)

(4) Information designated as FOUO may be disseminated to representatives of foreign governments and international organizations to the extent that disclosure would further the execution of a lawful and authorized mission or purpose. Such dissemination shall be in compliance with applicable statutes, regulations, and policies.

(5) DoD holders of information designated as FOUO are authorized to disseminate such information to officials in other departments and agencies of the Executive and Judicial Branches to fulfill a Government function provided such dissemination is consistent with any further controls imposed by distribution statements or other regulations. If the information is covered by the Privacy Act of 197 4, as amended, disclosure is authorized only if the requirements of DoD 5400.11-R are also satisfied. Records thus transmitted shall be marked as required by paragraph (c) of this enclosure, and the recipient shall be advised that the information may qualify for exemption from public disclosure, pursuant to the FOIA, and that special handling instructions do or do not apply. Release of official information in litigation and testimony by DoD personnel as witnesses shall be in accordance with DoDD 5405.2.

(6) Release of FOUO information to Congress shall be in accordance with DoDI 5400.04. If the information is covered by the Privacy Act of 197 4, as amended, disclosure is authorized only if the requirements of DoD 5400.11-R are also satisfied.

(7) DoDI 7650.01 governs release of FOUO information to the Government Accountability Office (GAO). If the information is covered by the Privacy Act of 197 4, as amended, disclosure is authorized only if the requirements of DoD 5400.11-R are also satisfied.

(8) Records released outside of the Department of Defense, including to the Congress or GAO, should be reviewed to determine whether the information warrants FOUO status. If it does not, any prior FOUO markings shall be removed by lining-through or other appropriate means. If withholding criteria are met, the records shall be marked FOUO and the recipient provided an explanation for the marking.

(9) FOUO information may be shared with State, local, or tribal government officials, provided a specific need to know has been established and the information is shared in furtherance of an official governmental purpose. In all cases, the recipient must agree to the stipulation that the information shall be withheld by the recipient from public release. Records thus shared shall be marked in accordance with paragraph (c) of this enclosure, and the recipient shall be advised whether special handling instructions do or do not apply.

e. Protection of FOUO Information.

(1) During working hours, reasonable steps shall be taken to minimize the risk of access by unauthorized personnel (e.g., not reading, discussing, or leaving FOUO information unattended where unauthorized personnel are present). After working hours, FOUO information may be stored in unlocked containers, desks, or cabinets if Government or Government-contract building security is provided. If such building security is not provided or is deemed inadequate, the information shall be stored in locked desks, file cabinets, bookcases, locked rooms, etc.

(2) FOUO information and material may be transmitted via first class mail, parcel post, or, for bulk shipments, via fourth class mail. Whenever practical, electronic transmission of FOUO information (e.g., data, website, or e-mail) shall be by approved secure communications systems or systems utilizing other protective measures such as Public Key Infrastructure (PKI) or transport layer security (e.g., https). Use of wireless telephones should be avoided when other options are available. Transmission of FOUO by facsimile machine (fax) is permitted; the sender is responsible for determining that appropriate protection will be available at the receiving location prior to transmission (e.g., machine attended by a person authorized to receive FOUO; fax located in a controlled government environment).

(3) FOUO information may only be posted to DoD websites consistent with security and access requirements specified in Deputy Secretary of Defense Memorandum, 'Web Site Administration" of 07 DEC 98, with attached 'Web Site Administration Policies and Procedures", of 25 NOV 98.

(4) Additional guidance regarding FOUO information that may also require protection pursuant to the Privacy Act of 1974, as amended, may be found in DoD 5400.11-R.

(5) Record copies of FOUO documents shall be disposed of according to provisions of chapter 33 of title 44, U.S.C. and the DoD Component records management directives. Non-record FOUO documents may be destroyed by any of the means approved for the destruction of classified information or by any other means that would make it difficult to recognize or reconstruct the information.

(6) The originator or other competent authority (e.g., initial FOIA denial and appellate authorities) shall terminate the FOUO status of specific information when circumstances indicate that the information no longer requires protection from public disclosure. When the FOUO status of information is terminated in this manner, all known holders shall be notified, to the extent practical. Upon notification, holders shall efface or remove the FOUO markings, but records in file or storage need not be retrieved solely for that purpose. Information whose FOUO status has been terminated shall not be released to the public without the review and approval required by this enclosure.

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ATTACHMENT2

GUIDANCE FOR NNPI

a. Security Agreement for Protection of Naval Nuclear Propulsion Information.

(1) During the performance of this contract Naval Nuclear Propulsion Information (NNPI) may be developed or used. Appropriate safeguards must be proposed by the contractor and provided to the Contracting Officer for Security for the safeguarding from actual, potential or inadvertent release of classified or unclassified NNPI in any form by the contractor or any subcontractor. These safeguards shall ensure that access to NNPI is limited to those governmental and contractor parties, including subcontractors, that have an established need to know, and then only under conditions that assure that the information is properly protected. Access by foreign nationals or representatives of foreign interests is not permitted. In addition, any and all issuances or releases of such information beyond such necessary parties, whether or not ordered through an administrative or judicial tribunal, shall be brought to the attention of the Contracting Officer for Security.

(2) The Contracting Officer for Security shall be immediately notified of any litigation, subpoenas, or requests which either seek or may result in the release of NNPI. In the event that a court or administrative order makes immediate review by the Contracting Officer for Security impracticable, the contractor agrees to take all necessary steps to notify the court or administrative body of the Navy's interest in controlling the release of such information through review and concurrence in any release.

(3) The Contracting Agency reserves the right to audit contractor facilities for compliance with the above restrictions. Exceptions to these requirements may only be obtained with prior approval from the Commander, Naval Sea Systems Command (SEA 09P).

(4) Definitions applicable to this clause are provided in the base instruction, OPNAV Instruction N9210.3.

b. Security Requirements for Protection of Unclassified Naval Nuclear Propulsion Information (U-NNPI).

(1) The Contractor listed in block 6.a of the attached DD Form 254 hereby agrees that when provided documents (specifications, drawings, etc.) that contain U-NNPI and are marked as containing NOFORN sensitive information that must be controlled pursuant to federal law, the information contained therein and generated as part of the inquiry shall be used only for the purpose stated in the contract and shall in

· no case be transmitted outside the company (unless such transmittals comply with the detailed guidance of the contract) or to any foreign national within the company. While in use, the documents shall be protected from unauthorized observation and shall be kept secure so as to preclude access by any persons who do not have a legitimate need to view them. The documents shall not be copied unless done in conformance with the detailed guidance provided of the contract. All the documents shall be promptly returned in their entirety, unless authorized for proper disposal or retention, following completion of the contract.

(2) Only U.S. citizens who have a legitimate Need-To-Know (NTK) required to execute the contract shall be allowed access to U-NNPI.

(3) When not in direct control of an authorized individual, U-NNPI must be secured in a locked container (e.g., file cabinet, desk, safe.) Access to the container must be such that only authorized persons can access1t, and compromise of the container would be obvious at sight. Containers should have no labels that indicate the contents. If removed from the site, U-NNPI must remain in the personal possession of the individual. At no time should U-NNPI be left unsecured (e.g., in a home or automobile, or unattended in a motel room or sent with baggage.)

(4) U-NNPI documents will have the word NOFORN at the top and bottom of each page. The cover sheet will have the warning statement shown below. Documents originated in the course of work that reproduce, expand or modify marked information shall be marked and controlled in the same way as the original. Media such as video tapes, disks, etc., must be marked and controlled similar to the markings on the original information.

NOFORN: This document is subject to special export controls, and each transmittal to foreign governments or foreign nationals may be made only with the approval of Naval Sea Systems Command.

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Source: OPNAVINST N9210.3 (07 JUN 10)

ATTACHMENT 2

GUIDANCE FOR NNPI

NOTE: This distribution warning statement is for training purposes only.

(5) U-NNPI may not be processed on networked computers with outside access unless approved by CNO (NOON). If desired, the company may submit a proposal for, processing NNPI on company computer systems. Personally owned computing systems, such as personal computers, laptops, personal digital assistants, and other portable electronic devices are not authorized for processing NNPI. Exceptions require the specific approval of the cognizant Designated Accrediting Authority (DAA) for Information Technology (IT) systems and the Chief of Naval Operations (CNO) (NOON).

(6) U-NNPI may be faxed within the continental United States and Hawaii provided there is an authorized individual waiting to receive the document and properly control it. U-NNPI may not be faxed to facilities outside the continental United States, including military installations, unless encrypted by means approved by CNO (NOON).

(7) U-NNPI may be sent within the continental United States and Hawaii via first class mail in a single opaque envelope that has no markings indicating the nature of the contents.

(8) Documents containing U-NNPI shall be disposed of in the same manner as classified material.

(9) Report any attempts to elicit U-NNPI by unauthorized persons to the appropriate security personnel.

(10) Report any compromises of U-NNPI to the appropriate security personnel. This includes intentional or unintentional public release via such methods as theft, improper disposal (e.g., material not shredded, disks lost), placement on web sites, transmission via email, or violation of the information system containing U-NNPI.

Source: OPNAVINST N9210.3 (07 JUN 10)