Table of Contents


CHAPTER 7




Subcontracting







Section 1. Prime Contractor Responsibilities







7-100. General. 







This Chapter contains the requirements and responsibilities of a



prime contractor when disclosing classified information to a



subcontractor.



7-101. Responsibilities (Pre-Award).







Before a prime contractor may release, disclose classified



information to a subcontractor, or cause classified information to



be generated by a subcontractor, the following actions are



required:







a.   Determine the Security Requirements of the Subcontract.



     (1)  Access to classified information will be required. This



is a "classified contract" within the meaning of this Manual. A



"security requirements clause" and a Contract Security



Classification Specification shall be incorporated in the



solicitation and in the subcontract (see the "security requirements



clause" in the prime contract). The subcontractor must possess an



appropriate FCL and safeguarding capability if possession of



classified information will be required.



          (a)  Access will not be required in the pre-award phase.



          Prospective subcontractors are not required to possess a



          FCL  to receive or bid on the solicitation.



          (b)  Access will be required during the pre-award phase.



          All prospective subcontractors must possess the



          appropriate FCL and have safeguarding capability.



     



     (2)  Access to classified information will not be required.



This is not a "classified contract" within the meaning of this



Manual. If the prime contract contains requirements for release or



disclosure of certain information, even though, not classified,



such as unclassified sensitive information, the requirements shall



be incorporated in the solicitation and the subcontract.







b.   Determine Clearance Status of Prospective Subcontractors.



     (1)  All prospective subcontractors have appropriate



clearance. This determination can be made if there is an existing



contractual relationship between the parties involving classified



information of the same or higher category, or by contacting the



CSA.



     (2)  Some prospective subcontractors do not have appropriate



clearances. The prime contractor shall request the CSA of each



prospective subcontractor to initiate appropriate clearance action.











7-102. Verification of Clearance and Safeguarding Capability.







a.   The prime contractor shall verify the clearance status and



safeguarding capability from the CSA.







b.   Verifications may be requested from the CSA by message,



telephone, or letter. Telephonic confirmation normally will be



provided immediately to telephone requests, and written



confirmation will be furnished within 5 working days regardless of



the mode of the request. Verifications shall remain valid for 3



calendar years unless superseded in writing by the CSA.











c.   If a prospective subcontractor does not have the appropriate



FCL or safeguarding capability, the prime contractor shall request



the CSA of the subcontractor to initiate the necessary action.



Requests shall include, as a minimum, the full name, address and



telephone number of the requester; the full name, address, and



telephone number of a contact at the facility to be processed for



an FCL; the level of clearance and/or safeguarding capability



required; and full justification for the request. Requests for



safeguarding capability shall include a description, quantity,



end-item, and classification of the information related to the



proposed subcontract. Other factors necessary to assist the CSA in



determining whether the prospective subcontractor meets the



requirements of this Manual shall be identified, such as any



special accesses involved, e.g., Restricted Data.







d.   Requests to process a prospective subcontractor for an FCL



must be based on a bona fide procurement need for the prospective



subcontractor to have access to, or possession of, classified



information. Requesting contractors shall allow sufficient lead



time in connection with the award of a classified subcontract to



enable an uncleared bidder to be processed for the necessary FCL.



When the FCL cannot be granted in sufficient time to qualify the



prospective subcontractor for participation in the current



procurement action, the CSA will continue the FCL processing action



to qualify the prospective subcontractor for future contract



consideration provided:



     (1)  The delay in processing the FCL was not caused by a lack



     of cooperation on the part of the prospective subcontractor;



     (2)  Future classified negotiations may occur within 12



     months; and



     (3)  There is reasonable likelihood the subcontractor may be



     awarded a classified subcontract.











7-103. Security Classification Guidance.







Prime contractors shall ensure that a Contract Security



Classification Specification is incorporated in each classified



subcontract. When preparing classification guidance for a



subcontract, the prime contractor may extract pertinent information



from the Contract Security Classification Specification issued with



the prime contract; from security classification guides issued with



the prime contract; or from any security guides that provide



guidance for the classified information furnished to, or that will



be generated by, the subcontractor. The Contract Security



Classification Specification prepared by the prime contractor shall



be signed by a designated official of the contractor. In the



absence of exceptional circumstances, the classification



specification shall not contain any classified information. If



classified supplements are required as part of the Contract



Security Classification Specification, they shall be identified and



forwarded to the subcontractor by separate correspondence.











a.   An original Contract Security Classification Specification



shall be included with each RFQ, RFP, IFB, or other solicitation to



ensure that the prospective subcontractor is aware of the security



requirements of the subcontract and can plan accordingly. An



original Contract Security Classification Specification shall also



be included in the subcontract awarded to the successful bidder.







b.   A revised Contract Security Classification Specification shall



be issued as necessary during the lifetime of the subcontract when



the security requirements change.











7-104. Responsibilities (Performance).







Prime contractors shall review the security requirements during the



different stages of the subcontract and provide the subcontractor



with applicable changes in the security requirements. Requests for



public release by a subcontractor shall be forwarded through the



prime contractor to the GCA. 











7-105. Responsibilities (Completion of the Subcontract).







Upon completion of the subcontract, the subcontractor may retain



classified material received or generated under the subcontract for



a 2-year period, provided the prime contractor or GCA does not



advise to the contrary. If retention is required beyond the 2-year



period, the subcontractor must request written retention authority



through the prime contractor to the GCA. If retention authority is



approved by the GCA, the prime contractor will issue a final



Contract Security Classification Specification, annotated to



provide the retention period and final disposition instructions.











7-106. Notification of Unsatisfactory Conditions.







The prime contractor will be notified if the CSA discovers



unsatisfactory security conditions in a subcontractor's facility.



When so notified, the prime contractor shall follow the



instructions received relative to what action, if any, should be



taken in order to safeguard classified material relating to the



subcontract.






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