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Breakout Session # 607 Nora Feuerstein, NCMA Fellow Director, Omega

Accessing the Road to and through the World of “Need to Know” Contracting Information. Breakout Session # 607 Nora Feuerstein, NCMA Fellow Director, Omega Date: Tuesday April 24, 2007 Time: 4:30 - 5:30 p.m. The Road …. between a Non -Classified. What is the difference.

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Breakout Session # 607 Nora Feuerstein, NCMA Fellow Director, Omega

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  1. Accessing the Road to and through the World of“Need to Know” Contracting Information Breakout Session # 607 Nora Feuerstein, NCMA Fellow Director, Omega Date: Tuesday April 24, 2007 Time: 4:30 - 5:30 p.m.

  2. The Road …

  3. between a Non-Classified . . . What is the difference and a Classified Contract? Who makes the determination?

  4. Non-Classified. . . All information the Government has is either ... FOUO, Public Information, Sensitive Security Information Office, etc . . .or Classified . . . National Security Information Confidential, Secret, Top Secret

  5. Non-Classified Information • Sensitive But Non-Classified- • This can be Federally Regulated 49 CFR 1520.5 (b) • or Unregulated (FOUO) • Public Information • All other information

  6. Classified Information Official information which relates to National Defense or foreign relations of the United States which has been deemed to require protection from unauthorized disclosure

  7. Classified Information • Classification: The authority vested in a government agency to make an initial determination that particular information requires protection against unauthorized disclosure in the interests of national security. • Classified Matter: Official Information of matter in any form or any nature which requires protection in the interests of national security.

  8. Classified contract • Any contract that requires or will require access to classified information by the contractor or the employees in the performance of a contract. Note: A contract may be classified even though the contract document is not classified. A contract document may also be classified.

  9. Security: • Measures taken by a government agency to protect itself against all acts designed to, or which if known may, impair the agency effectiveness. • In regard to classified matter: the condition that prevents unauthorized persons from having access to official information that is safeguard in the interests of national security.

  10. A piece of the puzzle in the Contracting world The SMO Security Management Office

  11. “SMO” the Security Management Office • ● Day-to-day personnel security operations • ● Facility Security • Physical and Network Security • Policies • Oversight and compliance • Training

  12. The Security Management Office • Liaison to other agencies/departments • Partnerships with other agencies • Contractor’s follow: • NISPOM • National Industry Security Program Operating Manual

  13. What determines if a contractor can work on a classified contract? • Facility Clearance • Levels

  14. Determination of vendor’s / contractor’s ability to handle classified work • DSS (Defense Security Services) Facility Clearance- Personnel Clearances • Role of DSS and OPM and other government agencies • DOD, DHS • NSA, CIA, DOE

  15. Security Clearance: • An administrative determination by an authorized national authority that a person is eligible, from a security standpoint, for access to classified information.

  16. Definitions: • Clearance: An official determination of eligibility for access to classified mater • Cleared: Approve or authorize obtain approval or authorization, with regard to actions, movements, duties- to give a person a security clearance.

  17. Apply for a Clearance • EQUIP, EPSQ • JPAS the system that maintains and tracks security clearances including • VAR’s - Visit Authorization Requests, and • VAL’s - Visit Authorization Letter

  18. Adjudication Guidelines are used to determine: • Loyalty • Trustworthiness • Reliability

  19. Adjudication: • Evaluation of “Whole Person” • Favorable information • Unfavorable information • Circumstances • Situations reviewed case-by-case

  20. Due Process • Individuals whose clearance are revoked or denied will have a right to due process • At the time of a denial or revocation, the individual will receive a list of those rights and guidance on procedures for appealing • Security Appeals Panel

  21. Security Briefing • A cleared employee receives a security briefing prior to access classified information on his obligation to safe guard classified information and correct security procedures. • The employee is advised that they must report to their Security Officer contact with foreign representatives. • Forms must be signed upon beginning the project and on termination of the project.

  22. Security Classification - • A degree to which national security information and material is assigned to denote the degree of damage that unauthorized disclosure would cause to national defense or foreign relations of the United States and • Denote the degree of protection required • There are three such categories:

  23. Classification Levels: • Confidential: National security information or material which requires protection and the unauthorized disclosure of which could reasonably be expected to cause damage to the national security.

  24. Classification Levels: • Secret: National security information of security which requires a substantial degree of protection and the unauthorized disclosure of which reasonably be expected to cause serious damage to national security.

  25. Classification Levels: • Top Secret: National security information or material which requires the highest degree of protection and the unauthorized disclosure of which could reasonably be expected to cause exceptionally grave damage to the national security.

  26. Type Sensitivity Level/Access Periodic Review Single Scope Background Investigation Critical Sensitive/ Top Secret/SCI Every five (5) years BackgroundInvestigation Non-Critical Sensitive/ Secret/Confidential Every ten (10) years for persons holding SECRET clearances Access National Agency Checks and Inquiries Non-Critical Sensitive/ Secret/Confidential Every ten (10) years

  27. In the contract is the Security Requirements Clause

  28. DD254 • The Government issues a DD254 to the contractor as part of the contract only to a company that has a DSS Facility Clearance at the level of the Contract.

  29. DD254 Box 1a, 1b

  30. DD254 Top Secret Top Secret

  31. DD254 Box 1a, 1b Box 6c

  32. DD254 X Dallas Horse & Oil Ranch 123 Success Road Dallas, Texas 99999 DSS P.O. Box 5555 Dallas, TX 9999 ZZ007

  33. DD254 Box 1a, 1b Box 6c Box 10 and 11

  34. DD254

  35. DD254 Box 12 & 13 The process to request the release of information pertaining to the contract are located in sections12 and 13

  36. DD254 X Security Management Office P.O. Box 6767 Washington, DC 99999

  37. Using information from RFI’s according to DSS is the #1 method of operation of Foreign entities to gather information technology • 36.48% of information gathered is done through RFI’s. (DSS 2005)

  38. OPSEC

  39. A security clearance does not give anyone: • Approved access to all classified information – it only gives you access to • Information at the same or lower level of classified as the level of the clearance granted: AND • Information that you have a ‘need to know” in order to perform your work

  40. Need-to-know • One of the most fundamental security principles • The practice of need-to-know limits the damage that can be done by a trusted insider who goes bad. • Failures in implementing the need-to-know principle have contributed greatly to the security breaches.

  41. Need-to-know • Imposes a dual responsibility on you and all other authorized holders of classified information • When doing your job, you are expected to limit your requests for information to that which you have a genuine need-to-know • Under some circumstances, you may be expected to explain and justify your need-to-know when asking others for information.

  42. Need-to-know • Conversely, you are expected to ensure that anyone to whom you give classified information has a legitimate need to know that information. • You are obliged to ask the other person for sufficient information to enable you to make an informed decision about their need-to-know, and the other person is obliged to justify their need-to-know.

  43. Need-to-know • Refrain from discussing classified information in hallways, cafeterias, elevators, rest rooms or smoking areas where the discussion may be overheard by persons who do not have a need-to-know the subject of conversation. • You are also obliged to report to your security office any co-worker who repeatedly violates the need-to-know principle.

  44. Contracting Officers can assist with Security • Going forward- what you can do • Challenge “Need To Know” • Follow the Money

  45. Things To Look For • Need-to-know issues • How many employees ? • Who works on your contract ? • Press releases • Web pages • Where do your people work ? • How much money is the contract worth ? • Resumes that state the person’s clearance level

  46. “If you reveal your secrets to the wind you should not blame the wind for revealing them to the trees.”Kahlil GibranArtist & Poet 1883-1931

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