Menu
Yes. If a joint venture is awarded a classified contract, the joint venture itself must be processed for a facility clearance. Furthermore, DCSA will make a JV key personnel determination based on the joint venture agreement. There are additional considerations based on the unique circumstances of the award and the joint ventures.
No.
No. DCSA does not normally process a facility clearance for a one-person company.
Yes, a prime contractor may sponsor an uncleared subcontractor for an facility clearance only if they demonstrate to DCSA a bona fide requirement for the subcontractor to perform as a subcontractor.
The contract must contain a bona fide contract requirement for access to classified information for another cleared organization to request or sponsor a facility clearance for a vendor.
All cleared organizations must designate an individual as the Facility Security Officer (FSO) and Insider Threat Program Senior Official (ITPSO). The FSO and ITPSO are key management personnel. The FSO is responsible for all security matters. The FSO's responsibilities include, among others: submission of security clearances packages for contractor personnel, briefing and debriefing of cleared employees, acting as the liaison with the organization's DCSA Industrial Security (IS) Representative.
No. Only when the contract requires the storage of classified information, with the organization be required to store classified information at its organizational locations.
Foreign companies, e.g., companies wholly owned by non-US citizens and organized in other countries, e.g., Germany, Morocco, Japan, etc., cannot be issued facility clearances. However, foreign-owned U.S. companies can be issued a facility clearance, but it is contingent on the country from which the foreign ownership is derived and whether the FOCI can be mitigated (see below).
There are three main components. FIRST, the organization's key management personnel, as identified by DCSA, must be eligible for and be issued personnel security clearances. SECOND, the organization's main corporate "office" must always be cleared. Its U.S. parent organization's must also be cleared or formally excluded from access to classified information. THIRD, the organization must adopt resolutions to mitigate foreign ownership, control or influence (FOCI) (see below).
No.
© 2025 MNB Meridian Law Ltd. | About Our Logo
Legal Disclaimer | Privacy Policy