DD254_Attachments_SEAT_19Oct17_DRAFT.docx

Attachment 1

CONTINUATION OF BLOCK 13 (SECURITY GUIDANCE) OF DD FORM 254

Solicitation or Contract #: W9133L-18-R-0002

Item 10j: Refer to Attachment 2 for additional For Official Use Only (FOUO) information. FOUO information generated and/or provided under this contract shall be safeguarded and marked as specified in DoD 5200.1-R, Appendix 3.

Item 11a: Contractors requiring access to and handling of classified information are restricted to the NG CBRN Response Enterprise unit locations during an evaluation. Government agency or activity will provide security classification guidance for performance of this contract. Submit visit request to the Contracting Office and/or Security Management Office for need-to-know verification.

Item 11j: Contractor personnel working at the Temple Army Readiness Center (TARC), other ARNG facilities, or supporting offices located at TARC will be required to attend and/or receive Information Security training, per DOD 5200.1R, and AR 380-5, as well as any additional army training requirements such as OPSEC (AR 530-1) and Information Assurance (AR 25-2) among others as directed by the Contract Monitor.

General Information:

1. The contractor is responsible for safeguarding information of a classified or sensitive nature.

2. The Office of NG-J3/7 will determine when the safeguarding of Classified Material is required and ensure proper policy is adhered to under the guidance of the NGB Security Management office. Failure to safeguard any classified/privileged information which may involve the contractor of the contractor’s personnel or to which they may have access may subject the contractor and/or the contractor’s employees to criminal liability under Title 18, section 793 and 798 of the United States Code.

3. Contractor personnel shall be required to obtain and maintain security badges and adhere to installation security requirements whenever they are on a government installation.

4. 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 security clearance or access of any contractor employee. When an individual is terminated for any reason, it is the responsibility of the Facility Security Manager to immediately notify the AHS Security Manager. Failure to comply could result in the suspension of all contractors’ accounts.

5. Provisions of the Privacy Act apply to all records and reports maintained by the contractor.

6. All programs and materials developed at government expense during the course of this contract are the property of the government.

7. Only U.S. citizens are eligible for a security clearance. However, compelling reasons may exist for granting access to classified information to a non-U.S. Citizen. A Limited Access Authorization (LAA) may be granted in those rare circumstances where the non-U.S. citizen possesses unique or unusual skill or expertise that is needed to support a specific U.S. Government contract and a cleared or clearable U.S. citizen is not available.

8. The Contractor shall comply with the (1) Security Agreement (DD Form 441) including the NISPOM, DoD 5220.22-M, and (2), any revisions to that manual, notice of which has been furnished to the Contractor.

9. Contractor’s employees requiring access to government facilities where proof of a Security Clearance is required, the contractor shall meet the security access requirements specified by the NISPOM, and the Host and/or Owner of those facilities.

10. The Contractor shall not disclose classified or unclassified information pertaining to this contract without prior review and approval by the Contracting Officer. Requests for public release shall be submitted ten (10) working days in advance to the Contracting Officer, National Guard Bureau, 111 South George Mason Drive, Arlington, VA 22204.

11. Prior to granting an employee access to classified materials, the government agency shall brief employees with regards to their obligation to comply with the NISPOM and the terms of this document. The contractors’ employees shall be debriefed when access to the material is terminated.

12. The Contractor shall comply with security procedures in effect where contract work is performed. Contractors requiring access to classified information are authorized at the following location: NG CBRN Response Enterprise unit locations during an evaluation as directed by the contract monitor.

13. The Contractor may award subcontracts in furtherance of this effort. If access to classified information is required, the prime contractor is responsible to ensure compliance by the subcontractor for all security requirements. Copies of all subcontractor DD Form 254s shall be forwarded to the Contracting Officer and the Program Security Office at the address listed in Block 16d.

Attachment 2

FOUO DD FORM 254 ATTACHMENT

Solicitation or Contract #: W9133L-18-R-0002

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 (FOIA).

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.

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

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).

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.

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.