National Interest Determinations

Paragraphs 2-303(c)(2)(a)&(b) of the National Industrial Security Program Operating Manual (NISPOM), dated February 28, 2006, contain clarifications to policy regarding National Interest Determinations (NIDs). In order for a company cleared under a Special Security Agreement (SSA) to have access to proscribed information (i.e., Top Secret, Sensitive Compartmented Information, Special Access Program, Communication Security and Restricted Data), the Government Contracting Activity (GCA) must make a NID that release of proscribed information to the company shall not harm the national security interests of the United States. The preparation of the NID is the responsibility of the GCA. It is the responsibility of DSS to determine the need for a NID and to request the NID from the GCA. The determination of the need for a NID or its preparation is never the responsibility of the contractor.

If there is no indication to Defense Security Service (DSS) that the GCA will decline to make the NID, DSS will not delay implementation of a FOCI action plan pending receipt of the NID from the GCA.

The NID can be program, project, or contract specific. A separate NID is not required for each contract under a program or project.

The preparation of the NID is the responsibility of the GCA. Each GCA should coordinate the prepared NID for signature within their respective organizations. The NID letter should include the name of the company, address, cage code, contract number or project or program name, the specific category of Proscribed Information being authorized for release, the GCA's security point of contact and telephone number and a sentence stating whether the release of the Proscribed Information to the company will harm the national security interests of the United States. It should specifically report the results of the coordination with national authorities on the release of the proscribed information under their jurisdiction (NSA, DoE, DNI, etc.). For a point of contact in these organizations, please contact DSS for assistance. The NID must be signed at the Program Executive Office level.

The GCA will be notified of the requirement for a NID by DSS Headquarters' FOCI Operations Division. The signed NID should be forwarded to FOCI Operations Division, Attention: Ben Richardson, Defense Security Service, 27130 Telegraph Rd., Quantico, VA 22134.

Urgent attention to this matter is essential as the NISPOM precludes DSS from delaying the FOCI mitigation plan unless official notice is received from your agency within 30 days of the date of notification indicating that your agency intends to decide against access to proscribed information.

For questions regarding the NID, please contact the DSS FOCI Operations Division at .

National Interest Determination Roles

Defense Security Service's (DSS) Role

Determine when NID is required
Notify Government Contracting Activity of the NID requirement
Obtain interim determination from GCA regarding intent to issue NID
Receive NID from GCA
Ensure NID includes all pertinent information
Update company's facility verification to include release of the proscribed information

NOTE: DSS will not delay implementation of a company's FOCI mitigation plan, unless advised by the GCA that the NID will not be issued.

Government Contracting Activity's (GCAs) Role

Immediately advise DSS of the GCA's intention to provide the NID
Prepare the NID
Ensure the NID includes:
- Name of Company
- Address
- Cage Code
- Contract Number, or
- Program Name, or
- Project Name
- The following statement, "Release of the proscribed information to the company will not harm the national security interests of the United States"
- Include the results of the coordination with national authorities on the release of information under their jurisdiction
- Program Executive Office Level Signature
Forward NID to FOCI Operations Division, Attention: Ben Richardson, Defense Security Service, 27130 Telegraph Rd., Quantico, VA 22134.