Instructions for Obtaining Distribution D Document - 13 Mar 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 vendors/contractors. The documentation associated with a solicitation//contract may include material identified as Unclassified//For Official Use Only (FOUO), Top Secret (TS)/Sensitive Compartment Information (SCI), or any level in between the two categories. The purpose of this document is to provide a summary of the vetting processes that will be used to evaluate each potential vendor/contractor 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 Government vendors/contractors must be vetted for eligibility and FOCI status prior to receive, produce and protect the documentation associated with a particular solicitation/contract.

• This process will require the potential vendors/contractors to have the following prior to receiving access to Unclassified/FOUO Export Control information:

a. All vendors/contractors 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 vendors/contractors must have an active registration in System for Award

Management (SAM).

c. All vendors/contractors (Primes and Subcontractors) must have no misconducts or performance issues with past or current Government contracts. In addition, vendors/contractors 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 vendors/contractors must provide an approved DD Form 2345 from the Joint

Certification Program.

Distribution A – Authorized for Public Release

2. All vendors/contractors must complete the Distribution Agreement (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 vendors/contractors must certify on company letterhead with company name, cage code and country of origin the following certifications:

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

ii. Vendor/contractor 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 a vendor/contractor cannot make the above certifications, then the vendor 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 vendors/contractors must provide an approved DD Form 2345.

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

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