4.403 Responsibilities of contracting officers
Source: FAR 4.403 on acquisition.gov
Contracting officers must rigorously assess, document, and communicate security requirements for contracts involving classified information, following NISP or agency-specific procedures at every stage.
Overview
FAR 4.403 outlines the specific responsibilities of contracting officers in managing solicitations and contracts that may involve access to classified information. The regulation covers the presolicitation, solicitation, and award phases, emphasizing the need to determine security requirements, follow agency and National Industrial Security Program (NISP) procedures, and ensure proper communication of security classifications and requirements to contractors and subcontractors. Contracting officers must coordinate with security personnel, use appropriate forms (such as DD Form 254 for DoD and certain nondefense agencies), and include necessary security clauses in solicitations and contracts. The goal is to safeguard classified information throughout the acquisition process and ensure all parties understand their security obligations.
Key Rules
- Presolicitation Phase
- Contracting officers must assess whether access to classified information is required and follow NISP or agency-specific procedures for determining security clearances.
- Solicitation Phase
- Officers must ensure compliance with NISP or agency procedures, include appropriate security clauses, and specify any additional security safeguard requirements in solicitations and contracts.
- Award Phase
- Officers must inform contractors of security classifications and requirements, use DD Form 254 where applicable, and ensure proper coordination and approval of security documentation.
Responsibilities
- Contracting Officers: Review solicitations for classified information needs, follow proper security procedures, include required clauses, and communicate security requirements to contractors.
- Contractors: Comply with all security requirements and safeguard classified information as specified in the contract.
- Agencies: Oversee adherence to NISP or agency-specific security procedures and ensure proper documentation and coordination.
Practical Implications
- This section exists to protect classified information in government contracts and ensure all parties are aware of and comply with security requirements.
- It impacts daily contracting by requiring careful review, documentation, and communication of security needs at every stage.
- Common pitfalls include failing to identify classified information needs early, omitting required clauses, or improper handling of security documentation.
(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 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 identified in the requirement documentation as follows:
(1) Nondefense agencies that have industrial security services agreements with DoD, and DoD components, shall use the Contract Security Classification Specification, DD Form 254. The contracting officer, or authorized agency representative, is the approving official for the DD Form 254 associated with the prime contract and shall ensure the DD Form 254 is properly prepared, distributed by and coordinated with requirements and security personnel in accordance with agency procedures, see 4.402(d)(1).
(2) Contracting officers in agencies not covered by the NISP shall follow agency procedures.