[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR4.403]



[Page 67-68]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                CHAPTER 1--FEDERAL ACQUISITION REGULATION

 

PART 4_ADMINISTRATIVE MATTERS--Table of Contents

 

     Subpart 4.4_Safeguarding Classified Information Within Industry

 

Sec. 4.403  Responsibilities of contracting officers.



    (a) Presolicitation phase. Contracting officers shall review all 

proposed solicitations to determine whether access to classified 

information may be required by offerors, or by a contractor during 

contract performance.

    (1) If access to classified information of another agency may be 

required, the contracting officer shall--

    (i) Determine if the agency is covered by the NISP; and

    (ii) Follow that agency's procedures for determining the security 

clearances of firms to be solicited.

    (2) If the classified information required is from the contracting 

officer's agency, the contracting officer shall follow agency 

procedures.

    (b) Solicitation phase. Contracting officers shall--

    (1) Ensure that the classified acquisition is conducted as required 

by the NISP or agency procedures, as appropriate; and

    (2) Include (i) an appropriate Security Requirements clause in the 

solicitation (see 4.404), and (ii) as appropriate, in solicitations and 

contracts when the contract may require access



[[Page 68]]



to classified information, a requirement for security safeguards in 

addition to those provided in the clause (52.204-2, Security 

Requirements).

    (c) Award phase. Contracting officers shall inform contractors and 

subcontractors of the security classifications and requirements assigned 

to the various documents, materials, tasks, subcontracts, and components 

of the classified contract as follows:

    (1) Agencies covered by the NISP shall use the Contract Security 

Classification Specification, DD Form 254. The contracting officer, or 

authorized representative, is the approving official for the form and 

shall ensure that it is prepared and distributed in accordance with the 

ISR.

    (2) Contracting officers in agencies not covered by the NISP shall 

follow agency procedures.



[48 FR 42113, Sept. 19, 1983, as amended at 61 FR 31617, June 20, 1996]