A21_Solicitation_W900KK19R0080_Att_0003_Contractor_Security_Vetting_v4_011419.pdf

Distribution A – Authorized For Public Release

SECURITY PROCESS FOR VETTING CONTRACTORS

This security process is to inform all contractors who want to compete, bid or team with other contractors for a U.S. Army PEO STRI and OTA contract. This security process is posted and made available for all contractors and or offerors to review and become familiar with.

Contracts with PEO STRI range from Unclassified//FOUO up to TS/SCI and in accordance with 48 CFR clause 752.204-70, Partner vetting pre-award requirements, 752.216-71 Partner vetting in IDIQ contracts, AR 380-49 Industrial Security and AR 380-10 Foreign Disclosure and Contacts with Foreign Representatives, all contractors (Prime and Subs) and or offerors must be vetted for eligibility, suitability, national status e.g. Foreign contractor or USA Foreign Owned, Controlled and Influenced (FOCI) when bidding on government contracts. In the case of FMS contracts, they are evaluated based on the LOR, LOA and on a case by case basis.

All Contractor(s) and or offeror(s) (Prime and Subs) who do not meet the vetting process listed below are considered ineligible for award. The Contractor(s) and or offeror(s) (Prime and Subs) will be notified by the contracting officer of their deficiencies and provided information on what they would need to do to become competitive.

Joint Ventures (JV) must meet the vetting process and submit their JV agreement which should indicate the authority of any of the joint ventures to direct or decide matters affecting the JV business organization. Depending on the JV business structure, the terms of the JV agreement, and the clearance statues, the government will determine the JV’s ability to receive technical data packages or be cleared. (see DoDM 5220.22 Vol 2, 1 Aug 2018, section 4 FCLs chapter 4.8c(6).

CRITERIA FOR PUBLIC RELEASE

The criteria for government information to be published to the public domain is for the Requiring Activity (RA) to mark all materials “Unclassified” or “Distribution A – Authorized for Public Release”. Release to the public requires the Requiring Activity OPSEC review and PAO approval prior to release!

SECURITY VETTING CRITERIA

CONTRACTOR(S) and or OFFEROR(S) THAT REQUIRE ACCESS TO UNCLASSIFIED//FOUO CONTRACTS with TECHNICAL DATA PACKAGES

All contractor(s) and or offeror(s) (Prime and Subs) must certify in writing to the Contracting Officer that their company and or subcontractor(s) are or not;

• Foreign Owned or under

• USA Foreign Owned, Controlled or Influenced (FOCI) status.

Also, the contractor shall certify if they are in merger and or purchasing discussions with a Foreign company or USA FOCI company. This certification should be provided to the contracting officer using the company letterhead answering the above questions and providing the following;

• Full company name

• Cage Code

• Identify country of origin

All contractors, prospective contractors or offerors will be vetted to verify their eligibility to receive contract unclassified technical data packages containing CUI, CTI, ITAR and or EAR information. The PEO STRI Industrial Security Specialist (ISS) in accordance with the regulations listed in the second paragraph and in coordination with the Contracting Officer is responsible for ensuring that all contractor(s) and or offeror(s) (Prime and Subs) who have interest to bid on a DA contract are vetted for eligibility to receive the appropriate level of information, this includes proper mitigation of Foreign and USA Foreign Ownership Control or Influence (FOCI) companies.

Failure or inability to verify contractor eligibility for receipt of CUI, ITAR and or EAR information will make the contractor ineligible to receive contract technical data packages unless the following has been met:

1. All contractor(s) must be organized and existing under the laws of any of the fifty States, the District of Columbia, or Puerto Rico, and be located in the U.S. or its territories.

2. All contractor(s) and or offeror(s) must be registered in the System for Award Management (SAM) database.

3. All contractor(s) and or offeror(s) (Prime and Subs) must have a reputation for integrity and lawful conduct in its business dealings. The company and its Key Management Personnel (KMP) must not be barred from participation in Government contracts.

4. All contractor(s) and or offeror(s) (Prime and Subs) that are not Foreign or not under USA FOCI status and do not have a facility clearance must provide information about previous contracts or government work.

5. All contractor(s) and or offeror(s) (Prime and Subs) must not be under Foreign Owned or USA FOCI or must have USA FOCI mitigated with the following;

a. Be registered with the U.S. State Department and provide a copy of the registration along with the appropriate DSP license or TAA documents to the contracting officer. Visit or contact the U.S. State Department at http://www.pmddtc.state.gov/ to meet this requirement.

http://www.pmddtc.state.gov/

b. Canadian Companies must provide to the contracting officer, a copy of their DD2345 Military Critical Technical Data Agreement form signed by the United States/Canada Joint Certification Office in order to receive unclassified TDPs.

CONTRACTOR(S) and or OFFEROR(S) THAT REQUIRE A COLLATERAL SECRET SECURITY CLEARANCE, COLLATERAL SECRET FACILITY CLEARANCE to HANDLE and or STORE CLASSIFIED INFORMATION and or MATERIAL

1. All contractor(s) and or offeror(s) must meet all of the above criteria for Unclassified//FOUO.

2. All contractor(s) and or offeror(s) (Prime and Subs) that are not Foreign or not under USA FOCI status and have a valid facility clearance need to provide their company name and cage code to the contract specialist for vetting by Government Industrial Security Specialist (ISS).

3. All contractor(s) and or offeror(s) (Prime and Subs) that are not Foreign or not under USA FOCI status and do not have a facility clearance must contact the local DSS office to start the paperwork to become cleared. www.dss.mil/documents/facility-clearances/FCL_Sponsorship_Letter_MAY16.pdf

4. All Foreign Owned or USA FOCI must meet and provide the following to be competitive;

a. Have their Foreign or USA FOCI mitigated by the Defense Security Services (DSS). Visit DSS at www.dss.mil/isp/foci/foci_mitigation.html

b. Be registered with the U.S. State Department and provide a copy of the

5. All contractor(s) and or offeror(s) (Prime and Subs) must be listed in the Defense Security Services (DSS) National Industrial Security System (NISS) which must reflect;

a. Valid Facility Clearance (FCL)

b. Special Security Agreement (SSA) for FOCI companies

c. Foreign and FOCI companies will not have access to SAP or COMSEC materials without a completed National Intelligence Determination (NID).

CONTRACTOR(S) and or OFFEROR(S) THAT REQUIRE A TOP SECRET SCI SECURITY CLEARANCE, TOP SECRET SCI FACILITY CLEARANCE to HANDLE and or STORE TS/SCI INFORMATION and or MATERIAL http://www.dss.mil/documents/facility-clearances/FCL_Sponsorship_Letter_MAY16.pdf http://www.dss.mil/documents/facility-clearances/FCL_Sponsorship_Letter_MAY16.pdf http://www.dss.mil/isp/foci/foci_mitigation.html

1. All contractor(s) and or offeror(s) must meet all of the above criteria for Unclassified//FOUO and collateral SECRET.

2. All contractor(s) and or offeror(s) (Prime and Subs) that are not Foreign or not under USA FOCI status and have a valid facility clearance need to provide their company name and cage code to the contract specialist for vetting by Government Industrial Security Specialist (ISS).

3. All contractor(s) and or offeror(s) (Prime and Subs) that are not Foreign or not under USA FOCI status and do not have a facility clearance must contact the local DSS office to start the paperwork to become cleared. www.dss.mil/documents/facility-clearances/FCL_Sponsorship_Letter_MAY16.pdf

4. All Foreign Owned or USA FOCI must meet and provide the following to be competitive;

a. Have their Foreign or USA FOCI mitigated by the Defense Security Services (DSS). Visit DSS at www.dss.mil/isp/foci/foci_mitigation.html

b. Be registered with the U.S. State Department and provide a copy of the

5. All contractor(s) and or offeror(s) (Prime and Subs) must be listed in the Defense Security Services (DSS) National Industrial Security System (NISS) which must reflect;

a. Valid Facility Clearance (FCL)

b. Special Security Agreement (SSA) for FOCI companies

c. Foreign and FOCI companies will not have access to SAP, SCI or COMSEC materials/information without a completed National Intelligence Determination

(NID).

NOTE ***

*** All information is available via the DSS Portal accessible by your company FSO.

*** The timeline for a non-cleared, non-FOCI company to get cleared by DSS is approximately 45 days. Visit DSS at www.dss.mil/documents/facility-clearances/FCL_Sponsorship_Letter_MAY16.pdf

*** The timeline for a non-cleared Foreign or USA FOCI company to get cleared by DSS is approximately 18 to 24 months. Visit DSS at www.dss.mil/isp/foci/required-documentation.html http://www.dss.mil/documents/facility-clearances/FCL_Sponsorship_Letter_MAY16.pdf http://www.dss.mil/documents/facility-clearances/FCL_Sponsorship_Letter_MAY16.pdf http://www.dss.mil/isp/foci/foci_mitigation.html http://www.pmddtc.state.gov/ http://www.dss.mil/documents/facility-clearances/FCL_Sponsorship_Letter_MAY16.pdf http://www.dss.mil/documents/facility-clearances/FCL_Sponsorship_Letter_MAY16.pdf http://www.dss.mil/isp/foci/required-documentation.html http://www.dss.mil/isp/foci/required-documentation.html

*** The timeline for a Foreign or USA FOCI company to get a DSP license and or a Technical Assistance Agreement (TAA) from the U.S. State Department is approximately 75 days. Visit U.S. State Department at http://www.pmddtc.state.gov

The PEO STRI government office responsibility for this process is PEO STRI G2, Industrial Security Specialist (ISS) and can be contacted at 407-384-3540, usamy.orlando.peo-stri.list.g2@mail.mil

All companies must meet the above security process prior being issued any Technical Data Packages and or classified information. All companies must also meet these requirements prior to contract award!

mailto:usamy.orlando.peo-stri.list.g2@mail.mil