The FCL remains in effect until it is terminated either by the government or by the contractor pursuant to Section IV of Form DD 441 (Department of Defense Security Agreement). The Department of Defense Security Agreement is an agreement between your organization and the U.S. government that explains the security responsibility of the organization and the U.S. government. is interested in the problem that companies and organizations (users) employ consultants. When a work is a work, the user must sponsor the advisor`s security clearance. Article 2-212 of the NISPOM states that “the consultant and the collaborating contractor jointly execute a consultant.” Can a subcontractor obtain an FCL if only one person is employed by the subcontractor? No no. DCSA does not deal with FCL for a one-person business. If a senior contractor wishes to consider the services of a person who is the sole employee of his or her business, he or she should consult with their Facility Security Officer and consider treating the person as an advisor to the company. In this case, the release of the person would actually be held by the master of order… and the principal contractor would pay the advisor directly (not the company). 26. Can joint ventures obtain LFFs? If a joint venture is selected for a classified contract, it can be sponsored for an FCL.
If the contract is concluded with a joint venture, the joint venture must be liquidated for an FCL, even if all the partners of the joint venture are authorized. DCSA will determine the SME of a joint venture on the basis of a revision of the joint enterprise agreement. The joint venture must receive the necessary FCL before the contract is renewed. For more information on joint ventures, visit www.dss.mil`es (Defense Security Service Small Business Guide – Facility Clearance Process). 25. How do consultants, personal service providers and “1099s” receive FCLs? They don`t. Authorized contractors may deal with individual staff security sharing advisors if the advisor and direct family are the sole owners of a business unit and the advisor is the only one who needs access to classified information. Specifications should be provided to the contractor`s DCSA industrial safety specialist to ensure they meet current requirements. 19. Which office or office decides how much to authorize an upcoming contract? The initial requirement is proposed by the program office, as they are the subject experts and are in the best position to certify whether access to classified information is necessary for the performance of the contract and what level of access (secret or top secret) is required.
The program office then works with A/OPE/AQM and Diplomatic Security (DS/IS/IND) to ensure that soW/contract documentation accurately reflects the requirements for installation authorization and staff security for the performance of the contract. 13. Can foreign companies obtain an FCL? Foreign companies cannot be issued from FCL. An FCL may be issued to U.S. foreign companies, but this depends on the country of origin of foreign ownership and FOCI`s ability to be mitigated. The contractor will most likely also receive a follow-up letter from the DSS Facilities Clearance Branch (FCB). Facility Clearance Branch (FCB) of the Defense Security Service (DSS) treats contractors for clearance facility (FCL) on the basis of supply needs, issues FCLs and monitors the rights of contractors, always based on the NISP.