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    However, when USG or USN fulfills the work requested by USG (Inter- or Intra-Agency), can the DD254 still be used? Is there another DD form for this situation? Or should the information security requirements be documented in a section of the DD1144 or MOA support agreement? Or should there be a standalone, lower signatory level agreement document? Will the answers change if the work being done is R&D? What is the reference which specifically addresses my questions?


    Answer

    A: DD Form 254 is intended as a means to implement, the National Industrial Security Program Operating Manual (NISPOM) (DoD 5220-22-M), the Industrial Security Regulation (DoD 5220.22-R) and ultimately Executive Order 12829, January 6, 1993 (58 FR 3479, January 8, 1993), entitled “National Industrial Security Program” (NISP) which establishes a program to safeguard Federal Government classified information that is released to contractors, licensees, and grantees of the United States Government.  Though the DD Form 254 was generated to satisfy the requirements listed above and its format is best suited for a DoD-Industry relationship, no current regulation prevents the use of a DD Form 254 form for this type of agreement. 

     

     

    A:  Documenting an agreement involving Government Agencies will depend upon the type and the use thereof (Ref DoDI 4000.19, April 25, 2013)

     

    For INTRA-AGENCY SUPPORT AGREEMENTS:

     

    2.  INTRA-AGENCY SUPPORT AGREEMENTS (AGREEMENTS BETWEEN DOD COMPONENTS)

     

    a.  Types of Agreements and the Use Thereof

     

    (1)  DD Form 1144. DD Form 1144 will be used to document recurring reimbursable support. The supplier will prepare the DD Form 1144.  DD Form 1144 can also be used to document non-recurring reimbursable support. Non-reimbursable support may be included in a DD Form 1144 that has been prepared to document reimbursable support.  DD Form 1144 will not be used to document only non-reimbursable support unless both parties agree to its use in lieu of an MOA.

     

    (2)  MOA.  An MOA will be used to document the specific terms and responsibilities that two or more parties agree to in writing.  MOAs can be used to document a single reimbursable purchase, non-recurring reimbursable support, and non-reimbursable support. Consecutive reimbursable MOAs will not be used for similar single reimbursable purchases or non-recurring support to circumvent the use of DD Form 1144.  MOAs must include the information in the sample MOA in Figure 1 of this enclosure, regardless of the format used.

     

    (3)  MOU. An MOU will be used to document issues of general understanding between two or more parties that do not involve reimbursement. MOUs must include the information in the sample MOU in Figure 2 of this enclosure, regardless of the format used.

     

     

    For INTERAGENCY SUPPORT AGREEMENTS:

     

    3.  INTERAGENCY SUPPORT AGREEMENTS (AGREEMENTS BETWEEN A DOD COMPONENT AND A FEDERAL AGENCY)

     

    a.  General.  DoD Components may enter into support agreements with federal agencies.  If an Economy Act D&F is required, the D&F must be properly documented as part of the agreement or as supporting documentation.  All support agreements for support provided to, or received from, federal agencies must also comply with Reference (w), unless more specific statutory authority applies, and DoD 7000.14-R (Reference (z)).

     

    b.  Types of Agreements and Use Thereof

     

    (1)  DD Form 1144. DD Form 1144 will be used to document recurring reimbursable support provided to a federal agency. The DoD Component will prepare the form.  The DoD component can also use DD Form 1144 to document non-recurring reimbursable support. Non- reimbursable support may be included in a DD Form 1144 that has been prepared to document reimbursable support. DD Form 1144 will not be used to document only non-reimbursable support unless both parties agree to its use in lieu of an MOA.

     

    (2)  The federal agency’s support agreement form will be used to document recurring reimbursable support received from that agency.  The federal agency supplier will prepare the form and must include all information required by both parties to the agreement. The federal agency’s agreement form can also be used to document non-recurring reimbursable support provided to a DoD Component.

     

    (3)  MOA.  An MOA will be used to document the specific terms and responsibilities that two or more parties agree to in writing.  MOAs can be used to document a single reimbursable purchase, non-recurring reimbursable support, and non-reimbursable support. Consecutive reimbursable MOAs will not be used for similar single reimbursable purchases or non-recurring support to circumvent the use of DD Form 1144.  MOAs must include the information in the sample MOA in Figure 1 of this enclosure, regardless of the format used.

     

    (4)  MOU. An MOU may be used to document issues of general understanding between two or more parties that do not involve reimbursement. MOUs must include the information in the sample MOU in Figure 2 of this Enclosure, regardless of the format used.

     

    Additional information regarding support agreements can be found in DoDI 4000.19 and information security concerns would be addressed by the National Industrial Security Program Operating Manual (NISPOM) (DoD 5220-22-M), the Industrial Security Regulation (DoD 5220.22-R) and Cybersecurity (DoD 8500.01)

     

    Q:  Will the answers change if the work being performed is Research and Development?

     

    A:  Research and Development efforts can also be addressed by DoDI 4000.19. 

     

    Q:  What is the reference document(s) which specifically addresses my questions? Reference documents are cited above within each specific question area.

     

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