national security | The Contracting Education Academy

March 10, 2021 By cs

Former Air Force contractor pleads guilty to illegally taking 2,500 pages of classified information

A former contractor with the U.S. Air Force recently pleaded guilty in the U.S. District Court, Southern District of Ohio to illegally taking approximately 2,500 pages of classified documents.

Isaak Vincent Kemp was charged on Jan. 25, 2021, by a Bill of Information. Originally, law enforcement discovered classified documents which contained approximately 2,500 pages of material classified at the Secret level, while executing a search warrant at Kemp’s home on May 25, 2019.

According to court documents, Kemp was employed as a contractor at the Air Force Research Laboratory (AFRL) from July 2016 to May 2019, and later as a contractor at the U.S. Air Force National Air and Space Intelligence Center (NASIC). While working at AFRL and NASIC – both located on Wright-Patterson Air Force Base in Fairborn, Ohio – Kemp had Top Secret security clearance.

Despite having training on various occasions on how to safeguard classified material, Kemp took 112 classified documents and retained them at his home.

Unauthorized removal or retention of classified documents is a federal crime punishable by up to five years in prison. Congress sets the maximum statutory sentence. Sentencing of the defendant will be determined by the Court based on the advisory sentencing guidelines and other statutory factors.

Source: https://www.justice.gov/opa/pr/former-air-force-contractor-pleads-guilty-illegally-taking-2500-pages-classified-information

January 15, 2021 By cs

DoD bringing companies into the fold for sensitive info

After a years long pilot, the Defense Department is establishing a permanent program that will let some trusted companies in on critical military information to help build needed systems.

“As the world sees a return to great power competition, DoD must strengthen its engagement with the defense industrial base in order to respond to the national security challenges facing the United States in a more responsive and cost efficient manner,” a Dec. 15 memo signed by Pentagon acquisition chief Ellen Lord states.

The memo goes on to state that, increasingly, technologies and information are squirreled away in special access programs.

Those are programs that exceed regular classified information and entail highly sensitive operations and black projects.

Keep reading this article at: https://federalnewsnetwork.com/dod-reporters-notebook-jared-serbu/2021/01/dod-stands-up-permanent-program-to-give-vendors-access-to-top-tier-secrets/

Download the Dec. 15, 2020 DoD memo on the subject of “Special Access Program Contractor Portfolio Program Establishment” at: https://fas.org/irp/doddir/dod/sap-contractor.pdf

September 29, 2020 By cs

Pentagon acquisition chief hints Section 889 supply chain waiver may be extended

The Pentagon and the Office of the Director of National Intelligence are discussing extending a waiver that gives the defense industrial base more time to ensure certain noncritical weapons systems comply with a new rule aimed at excising Chinese telecommunications equipment from the supply chain, according to the Defense Department’s acquisition chief.

Undersecretary for Acquisition and Sustainment Ellen Lord talked briefly about implementation of Section 889 Part B, a provision of the 2019 National Defense Authorization Act, during a Defense News Conference. Her remarks came a day ahead of a feedback webinar the General Services Administration will host to solicit questions, comments and concerns from stakeholders about Section 889 implementation.

“So what we did is we got a waiver from ODNI for noncritical weapons systems,” Lord said. “We continue to discuss an extension beyond September of that with them.”

Part B of Section 889 officially went into effect August 13, about a month after the final version of the rule was released in July. The rule prohibits federal agencies from contracting with entities that use equipment from certain covered companies including Huawei and ZTE. In effect, Part B requires contractors to search through their supply chains to determine and disclose to the government whether they use any of the covered equipment or services.

Keep reading this article at: https://www.nextgov.com/cio-briefing/2020/09/pentagon-acquisition-chief-hints-section-889-supply-chain-waiver-may-be-extended/168332/

September 24, 2020 By cs

Comments on government supply chain rule push for better definitions and more time

Industry groups and other comments highlight the difficulty of complying with a provision of last year’s defense authorization act that requires the removal of products from companies including Huawei and ZTE.

The broad, ambiguous language of Congressionally-mandated rule for government contractors to remove products and services from companies that pose threats to national security is complicating implementation, according to public comments.

The comment period for the interim Federal Acquisition Rule implementing Part B of Section 889 — a provision of the 2019 National Defense Authorization Act — closed last week, and the more than 30 comments submitted raise questions related to fundamental compliance issues.

While in general, commenters agree with the rule’s intent, groups representing industry, including the National Defense Industrial Association, BSA | The Software Alliance, the Coalition for Government Procurement and the Internet Association submitted detailed letters to Regulations.gov outlining compliance challenges. Nearly all asked for extended timelines for implementation and better definitions for key terms and phrases used in the regulation.

Keep reading this article at: https://www.nextgov.com/cybersecurity/2020/09/comments-government-supply-chain-rule-push-better-definitions-and-more-time/168460/

September 22, 2020 By cs

Why the Pentagon’s JEDI saga is far from over

The Joint Enterprise Defense Infrastructure procurement may be grounded until at least February, according to a new timeline agreed to by the government and Amazon Web Services.

On September 4, the Defense Department awarded Microsoft its Joint Enterprise Defense Infrastructure cloud contract for a second time, concluding — amid a legal protest filed by Amazon Web Services—that Microsoft’s bid again represented “the best value to the government.”

Yet JEDI remains under a court-ordered injunction first issued in April, shelving any work under the contract until AWS’ protest is resolved. On Sept. 15, the Defense Department submitted—under seal—the source selection documentation it used to re-award the JEDI contract to Microsoft. The move formally concludes nearly five months of time that the Pentagon requested from Federal Judge Patricia Campbell-Smith to correct the JEDI procurement, and represents a significant step to potentially lifting the injunction.

“If there is an injunction imposed by the court, nothing can move forward,” Stan Soloway, president and CEO of Celero Strategies and a former Defense Department acquisition official, told Nextgov. “But, even if a protest is still in play, theoretically the government could declare an urgent need and proceed.”

Keep reading this article at: https://www.nextgov.com/it-modernization/2020/09/why-pentagons-jedi-saga-far-over/168516/

A former contractor with the U.S. Air Force recently pleaded guilty in the U.S. District Court, Southern District of Ohio to illegally taking approximately 2,500 pages of classified documents.

After a years long pilot, the Defense Department is establishing a permanent program that will let some trusted companies in on critical military information to help build needed systems.

Industry groups and other comments highlight the difficulty of complying with a provision of last year’s defense authorization act that requires the removal of products from companies including Huawei and ZTE.

The Joint Enterprise Defense Infrastructure procurement may be grounded until at least February, according to a new timeline agreed to by the government and Amazon Web Services.

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