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  • Question

    We received a request to compete a task order under the IDIQs for a services requirement, which requires SECRET clearance and a DD 254 - Contract Security Classification Specification. Do we need to modify the contract to include the DD254 Security Clearance into the basic contract, or are we able to issue a task order with a DD 254 (SECRET Clearance) for the task order, and a corresponding Performance Work Statement which states all work associated with this effort will be Classified? The labor category and the duties are unchanged from the original requirement, except that now the individual will have access to classified information, requiring a Secret Clearance. Would requiring a secret clearance for this task order be out-of-scope? The PWS on the basic contract does state the contractor personnel shall have the appropriate clearances prior to working on the task order. If we are required to mod the contract prior to issuing the task order, what would this entail?


    Answer

    The basic contract needs to be modified, as a security requirement is a material change to the existing contract. Not modifying it and including the DD Form 254 only as an attachment to the task order would not pass legal muster, and could present the Government with a problem if the contracting relationship between the Government and the contractor were to deteriorate. The contracting officer needs to add FAR clause 52.204-2 (Security Requirements) to the contract, update the PWS, and include the DD Form 254. Your agency may have additional requirements pertaining to contracts involving classified work, so please consult any applicable FAR supplement.

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