Form 441 - Security Agreement - 2008

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OMB No. 0704-0194
DEPARTMENT OF DEFENSE
OMB approval expires
SECURITY AGREEMENT
May 31, 2011
The public reporting burden for this collection of information is estimated to average 14 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering
and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information,
including suggestions for reducing the burden, to the Department of Defense, Washington Headquarters Services, Executive Services Directorate, Information Management Division, 1155 Defense
Pentagon, Washington, DC 20301-1155 (0704-0194). Respondents should be aware that notwithstanding any other provision of law, no person shall be subject to any penalty for failing to comply with
a collection of information if it does not display a currently valid OMB control number.
PLEASE DO NOT RETURN YOUR FORM TO THE ABOVE ORGANIZATION. SEND THE COMPLETED FORM TO YOUR DESIGNATED SECURITY OFFICE.
This DEPARTMENT OF DEFENSE SECURITY AGREEMENT (hereinafter called the Agreement), entered into this
day of
by and between THE UNITED STATES OF AMERICA through the Defense Security Service
,
acting for the Department of Defense and other governmental User Agencies (hereinafter called the Government), and
(hereinafter called the Contractor), which is:
(1) a
organized and existing under the laws of the state of
.
(Enter type of business entity, e.g., Corporation, Limited Liability Company, etc.)
(2) a partnership consisting of
(3) an individual trading as
with its principal office and place of business at (Street, City, State and ZIP Code)
(B) The Government agrees that it shall indicate when necessary, by
WITNESSETH THAT:
security classification (TOP SECRET, SECRET, or CONFIDENTIAL),
the degree of importance to the national security of information
WHEREAS, the Government has in the past purchased or may in
pertaining to supplies, services, and other matters to be furnished by
the future purchase from the Contractor supplies or services, which
the Contractor to the Government or
by the Government to the
are required and necessary to the national security of the United
Contractor, and the Government shall give written notice of such
States; or may invite bids or request quotations on proposed
security classification to the Contractor and of any subsequent
contracts for the purchase of supplies or services, which are
changes thereof; provided, however, that matters requiring security
required and necessary to the national security of the United States;
classification will be assigned the least restricted security classification
and
consistent with proper safeguarding of the matter concerned, since
overclassification
causes
unnecessary
operational
delays
and
depreciates the importance of correctly classified matter. Further, the
WHEREAS, it is essential that certain security measures be
Government agrees that when Atomic Energy information is involved it
taken by the Contractor prior to and after being accorded access to
will, when necessary, indicate by a marking additional to the
classified information; and
classification marking that the information is "RESTRICTED DATA."
The "Department of Defense Contract Security Classification
WHEREAS, the parties desire to define and set forth the
Specification" (DD Form 254) is the basic document by which
precautions and specific safeguards to be taken by the Contractor
classification, regrading, and declassification specifications are
and the Government in order to preserve and maintain the security
documented and conveyed to the Contractor.
of the United States through the prevention of improper disclosure of
(C) The Government agrees, on written application, to grant
classified information, sabotage, or any other acts detrimental to the
personnel security clearances to eligible employees of the Contractor
security of the United States;
who require access to information classified TOP SECRET, SECRET,
or CONFIDENTIAL.
NOW, THEREFORE, in consideration of the foregoing and of the
mutual promises herein contained, the parties hereto agree as
(D) The Contractor agrees to determine that any subcontractor,
follows.
subbidder, individual, or organization proposed for the furnishing of
supplies or services which will involve access to classified information,
Section I - SECURITY CONTROLS
has been granted an appropriate facility security clearance, which is
still in effect prior to according access to such classified information.
(A) The Contractor agrees to provide and maintain a system of
Section II - SECURITY REVIEWS
security controls within the organization in accordance with the
requirements of the "National Industrial Security Program Operating
Designated representatives of the Government responsible for
Manual," DoD 5220.22-M (hereinafter called the Manual) attached
reviews pertaining to industrial plant security shall have the right to
hereto and made a part of this agreement, subject, however, (i) to
review, at reasonable intervals, the procedures, methods, and facilities
any revisions of the Manual required by the demands of national
utilized by the Contractor in complying with the requirements of the
security as determined by the Government, notice of which shall be
terms and conditions of the Manual. Should the Government, through
furnished to the Contractor, and (ii) to mutual agreements entered
its authorized representative, determine that the Contractor's security
methods, procedures, or facilities do not comply with such
into by the parties in order to adapt the Manual to the Contractor's
requirements, it shall submit a written report to the Contractor advising
business and necessary procedures thereunder.
of the deficiencies.
DD FORM 441, MAY 2008
PREVIOUS EDITION IS OBSOLETE.
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