48 CFR, part 27, subpart 4.4

Federal Acquisition Regulation

4.402

indefinite-delivery
contract
(other
than a Federal Supply Schedule contract) shall provide to contracting officers placing orders under the agreement or contract—
(i) A copy of the agreement or contract with a copy of the completed solicitation provision at 52.204–3 or
52.212–3(b) as the last page of the agreement or contract; or
(ii) The contractor’s TIN and type of
organization information.
(2) Each contracting officer that
places an order under a basic ordering
agreement or indefinite-delivery contract (other than a Federal Supply
Schedule contract) shall provide the
TIN and type of organization information to the payment office in accordance with paragraph (a) or (b) of this
section.

that exceed the simplified acquisition
threshold.
[65 FR 36017, June 6, 2000]

Subpart 4.4—Safeguarding Classified Information Within Industry
4.401

4.402 General.
(a) Executive Order 12829, January 6,
1993 (58 FR 3479, January 8, 1993), entitled ‘‘National Industrial Security Program’’ (NISP), establishes a program to
safeguard Federal Government classified information that is released to
contractors, licensees, and grantees of
the United States Government. Executive Order 12829 amends Executive
Order 10865, February 20, 1960 (25 FR
1583, February 25, 1960), entitled ‘‘Safeguarding Classified Information Within
Industry,’’ as amended by Executive
Order 10909, January 17, 1961 (26 FR 508,
January 20, 1961).
(b) The National Industrial Security
Program Operating Manual (NISPOM)
incorporates the requirements of these
Executive Orders. The Secretary of Defense, in consultation with all affected
agencies and with the concurrence of
the Secretary of Energy, the Chairman
of the Nuclear Regulatory Commission,
and the Director of Central Intelligence, is responsible for issuance and
maintenance of this Manual. The following DOD publications implement
the program:
(1) National Industrial Security Program Operating Manual (NISPOM) (DOD
5220.22–M).
(2) Industrial Security Regulation (ISR)
(DOD 5220.22–R).
(c) Procedures for the protection of
information relating to foreign classified contracts awarded to U.S. industry, and instructions for the protection
of U.S. information relating to classified contracts awarded to foreign firms,
are prescribed in Chapter 10 of the
NISPOM.
(d) Part 27, Patents, Data, and Copyrights, contains policy and procedures
for safeguarding classified information
in patent applications and patents.

[63 FR 58588, Oct. 30, 1998]

Subpart 4.3—Paper Documents
4.300

Scope of subpart.

This subpart provides policies and
procedures on contractor-submitted
paper documents.
[60 FR 28493, May 31, 1995]

4.301

Definition.

Printed or copied double-sided, as used
in this subpart, means printing or reproducing a document so that information is on both sides of a sheet of paper.
[65 FR 36017, June 6, 2000]

4.302

Policy.

When electronic commerce methods
(see 4.502) are not being used, a contractor should submit paper documents
to the Government relating to an acquisition printed or copied double-sided
on recycled paper whenever practicable. If the contractor cannot print
or copy double-sided, it should print or
copy single-sided on recycled paper.
[65 FR 36017, June 6, 2000]

4.303

[Reserved]

Contract clause.

Insert the clause at 52.204–4, Printed
or Copied Double-Sided on Recycled
Paper, in solicitations and contracts

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

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4.403

48 CFR Ch. 1 (10–1–02 Edition)
quirements, in solicitations and contracts when the contract may require
access to classified information, unless
the conditions specified in paragraph
(d) below apply.
(b) If a cost contract (see 16.302) for
research and development with an educational institution is contemplated,
the contracting officer shall use the
clause with its Alternate I.
(c) If a construction or architect-engineer contract where employee identification is required for security reasons
is contemplated, the contracting officer shall use the clause with its Alternate II.
(d) If the contracting agency is not
covered by the NISP and has prescribed
a clause and alternates that are substantially the same as those at 52.204–
2, the contracting officer shall use the
agency-prescribed clause as required by
agency procedures.

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
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]

Subpart 4.5—Electronic
Commerce in Contracting
AUTHORITY: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42 U.S.C. 2473(c).
SOURCE: 63 FR 58592, Oct. 30, 1998, unless
otherwise noted.

4.500

Scope of subpart.

This subpart provides policy and procedures for the establishment and use
of electronic commerce in Federal acquisition as required by Section 30 of
the Office of Federal Procurement Policy (OFPP) Act (41 U.S.C. 426).
4.501

[Reserved]

4.502

Policy.

(a) The Federal Government shall use
electronic commerce whenever practicable or cost-effective. The use of
terms commonly associated with paper
transactions (e.g., ‘‘copy,’’ ‘‘document,’’ ‘‘page,’’ ‘‘printed,’’ ‘‘sealed envelope,’’ and ‘‘stamped’’) shall not be
interpreted to restrict the use of electronic commerce. Contracting officers
may supplement electronic transactions by using other media to meet

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

4.404 Contract clause.
(a) The contracting officer shall insert the clause at 52.204–2, Security Re-

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