FED GOV CON Webinar Wednesdays 2019 Series JSchaus & Assoc. Washington DC +1–202–365–0598
About Our Webinars: - Every Wednesday; - Complimentary; - Recorded; - YouTube & our Website; - No Questions
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About Us:
Professional Services for Federal Contractors - GSA Sched; - SBA 8(a); - Proposal Writing; - Pricing; - Contract Administration; - Business Development
About Our Speaker: Margaret M. Cassidy Education: Miami University, BS Finance University of Pittsburgh School of Law, JD Admitted to practice law: DC, OH, PA Company Name: Cassidy Law PLLC
Classified Contracts: Facility Clearance Requirements
2019 – Fed Gov Con Webinar Series - Washington DC JSchaus & Associates
Defense Security Services -Interface between the government and cleared contractors -DoD Under Secretary for Intelligence oversees DSS -Main office in Quantico, VA & field offices across U.S. -Oversee and assist cleared contractors -Facilitates classified shipments overseas -Manages foreign ownership, control and influence -Trains DoD security professionals -Training and resources for contractors Resource: dss.mil
2019 – Fed Gov Con Webinar Series - Washington DC JSchaus & Associates
Some Applicable Laws and Regulations -National Security Industrial Procedures Manual (NISPOM) -DOD’s “Policy Guidance for Foreign Ownership, Control, or Influence” (FOCI) -Executive Order (E.O.) 12829 -Additional Executive Orders, DOD regulations and regulations from intelligence agencies. -CFIUS – 31 CFR 800 et seq; Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA)
2019 – Fed Gov Con Webinar Series - Washington DC JSchaus & Associates
Foreign Ownership Control and Interest - FOCI -Must disclose and manage foreign ownership, control and interest -FOCI means: a non-U.S. person or entity has the power, directly or indirectly, to control a company’s operations which may result in unauthorized access to classified information or may adversely affect the performance of classified contracts. (32 C.F.R. part 117, subpart C)
2019 – Fed Gov Con Webinar Series - Washington DC JSchaus & Associates
Committee on Foreign Investment in the US – CFIUS -CFIUS is an interagency committee run by Dept of Treasury -Includes: DoD, State, Commerce, Energy, DOJ & other agencies -Duty is to review certain transactions where a non-US entity or person will be investing in, merging with or otherwise acquiring an ownership interest in a US business -Reviews to determine if the transaction will impact US national security -Considers the nature of the US business -Considers the foreign interest that will be investing in the business -US businesses disclose transactions that may implicate US security to CFIUS for review -CFIUS has authority to deny the transaction, or to require controls to protect US security -RESOURCE: US Treasury – CFIUS website
2019 – Fed Gov Con Webinar Series - Washington DC JSchaus & Associates
Starting the Clearance Process 1. Must be sponsored by the federal government or cleared contractor 2. DSS begins its review process 3. Contractor should review DSS site: handbooks, guidance, checklists 4. Must have a CAGE code and by in “SAM” 5. DSS Phone Survey: Will be questioned on knowledge of laws; will be questioned on leadership and ownership 6. Site Visit: Will inspect site and continue meetings with leaders and security officials
2019 – Fed Gov Con Webinar Series - Washington DC JSchaus & Associates
Completing Facility Clearance Application Process: e-FCL -Register online -Identify organization structure and provide all required information for the organization -Name and identify its representative usually a Federal Security Officer -The e-FCL administrator is the agent for the contractor
THANK YOU! JSchaus & Assoc. Washington DC hello@JenniferSchaus.com www.JenniferSchaus.com +1–202–365–0598 Speaker: Margaret M. Cassidy Email: m.cassidy@cassidylawpllc.com Phone: 202-266-9928