DD Form 441 Department of Defense Security Agreement

What Is DD Form 441?

DD Form 441, Department of Defense Security Agreement is an agreement form signed between the United States Government and a contractor. The issuing department of the form - sometimes incorrectly referred to as the DA Form 441 - is the Department of Defense (DoD). The last revision of the document was released in January 2017. You can download the current DD Form 441 fillable version through the link below.

The DD Form 441-1, Appendage to Department of Defense Security Agreement is an attachment to the DoD security agreement. It contains a list of divisions and branch offices covered by the main security agreement and Standard Form 328, Certificate Pertaining to Foreign Interests. If your company is a division or branch of a company that has already obtained an FCL, your company will be included under the umbrella of the Security Agreement signed by the Home Office company. In this case, your clearance will be documented on the DD Form 441-1.

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OMB No. 0704-0194
DEPARTMENT OF DEFENSE SECURITY AGREEMENT
OMB approval expires
Sept 30, 2019
PLEASE DO NOT RETURN YOUR FORM TO THE ORGANIZATION IN THE PARAGRAPH BELOW. RETURN COMPLETED FORM TO YOUR RESPECTIVE
COGNIZANT SECURITY OFFICE.
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, Directives Divison, Office of
Information Management, 4800 Mark Center Drive, East Tower, Suite 03F09, Alexandria, VA 22350-3100 (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. DISCLOSURE: Voluntary, however, if the form
is not provided, a facility clearance cannot be issued.
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)
WITNESSETH THAT:
(B) The Government agrees that it shall indicate when necessary,
by
security
classification
(TOP
SECRET,
SECRET,
or
WHEREAS, the Government has in the past purchased or may
CONFIDENTIAL), the degree of importance to the national security
in the future purchase from the Contractor supplies or services,
of information pertaining to supplies, services, and other matters to
which are required and necessary to the national security of the
be furnished by the Contractor to the Government or
by the
United States; or may invite bids or request quotations on proposed
contracts for the purchase of supplies or services, which are
Government to the Contractor, and the Government shall give
required and necessary to the national security of the United
written notice of such security classification to the Contractor and of
States; and
any subsequent changes thereof; provided, however, that matters
requiring security classification will be assigned the least restricted
WHEREAS, it is essential that certain security measures be
security classification consistent with proper safeguarding of the
taken by the Contractor prior to and after being accorded access to
classified information; and
matter concerned, since overclassification causes unnecessary
operational delays and depreciates the importance of correctly
WHEREAS, the parties desire to define and set forth the
classified matter. Further, the Government agrees that when
precautions and specific safeguards to be taken by the Contractor
Atomic Energy information is involved it will, when necessary,
and the Government in order to preserve and maintain the security
indicate by a marking additional to the classification marking that
of the United States through the prevention of improper disclosure
of classified information, sabotage, or any other acts detrimental to
the information is "RESTRICTED DATA."
The "Department of
the security of the United States;
Defense Contract Security Classification Specification" (DD Form
254) is the basic document by which classification, regrading, and
NOW, THEREFORE, in consideration of the foregoing and of
declassification specifications are documented and conveyed to the
the mutual promises herein contained, the parties hereto agree as
Contractor.
follows.
Section I - SECURITY CONTROLS
(C) The Government agrees, on written application, to grant
personnel security clearances to eligible employees of the
(A) The Contractor agrees to provide and maintain a system of
Contractor who require access to information classified TOP
security controls within the organization in accordance with the
SECRET, SECRET, or CONFIDENTIAL.
requirements of the "National Industrial Security Program Operating
Manual," DoD 5220.22-M (hereinafter called the Manual) attached
hereto and made a part of this agreement, subject, however, (i) to
(D) The Contractor agrees to determine that any subcontractor,
any revisions of the Manual required by the demands of national
subbidder, individual, or organization proposed for the furnishing of
security as determined by the Government, notice of which shall be
supplies or services which will involve access to classified
furnished to the Contractor, and (ii) to mutual agreements entered
information, has been granted an appropriate facility security
into by the parties in order to adapt the Manual to the Contractor's
business and necessary procedures thereunder.
clearance, which is still in effect prior to according access to such
classified information.
DD FORM 441, JAN 2017
PREVIOUS EDITION IS OBSOLETE.
Adobe Professional 8.0
OMB No. 0704-0194
DEPARTMENT OF DEFENSE SECURITY AGREEMENT
OMB approval expires
Sept 30, 2019
PLEASE DO NOT RETURN YOUR FORM TO THE ORGANIZATION IN THE PARAGRAPH BELOW. RETURN COMPLETED FORM TO YOUR RESPECTIVE
COGNIZANT SECURITY OFFICE.
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, Directives Divison, Office of
Information Management, 4800 Mark Center Drive, East Tower, Suite 03F09, Alexandria, VA 22350-3100 (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. DISCLOSURE: Voluntary, however, if the form
is not provided, a facility clearance cannot be issued.
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)
WITNESSETH THAT:
(B) The Government agrees that it shall indicate when necessary,
by
security
classification
(TOP
SECRET,
SECRET,
or
WHEREAS, the Government has in the past purchased or may
CONFIDENTIAL), the degree of importance to the national security
in the future purchase from the Contractor supplies or services,
of information pertaining to supplies, services, and other matters to
which are required and necessary to the national security of the
be furnished by the Contractor to the Government or
by the
United States; or may invite bids or request quotations on proposed
contracts for the purchase of supplies or services, which are
Government to the Contractor, and the Government shall give
required and necessary to the national security of the United
written notice of such security classification to the Contractor and of
States; and
any subsequent changes thereof; provided, however, that matters
requiring security classification will be assigned the least restricted
WHEREAS, it is essential that certain security measures be
security classification consistent with proper safeguarding of the
taken by the Contractor prior to and after being accorded access to
classified information; and
matter concerned, since overclassification causes unnecessary
operational delays and depreciates the importance of correctly
WHEREAS, the parties desire to define and set forth the
classified matter. Further, the Government agrees that when
precautions and specific safeguards to be taken by the Contractor
Atomic Energy information is involved it will, when necessary,
and the Government in order to preserve and maintain the security
indicate by a marking additional to the classification marking that
of the United States through the prevention of improper disclosure
of classified information, sabotage, or any other acts detrimental to
the information is "RESTRICTED DATA."
The "Department of
the security of the United States;
Defense Contract Security Classification Specification" (DD Form
254) is the basic document by which classification, regrading, and
NOW, THEREFORE, in consideration of the foregoing and of
declassification specifications are documented and conveyed to the
the mutual promises herein contained, the parties hereto agree as
Contractor.
follows.
Section I - SECURITY CONTROLS
(C) The Government agrees, on written application, to grant
personnel security clearances to eligible employees of the
(A) The Contractor agrees to provide and maintain a system of
Contractor who require access to information classified TOP
security controls within the organization in accordance with the
SECRET, SECRET, or CONFIDENTIAL.
requirements of the "National Industrial Security Program Operating
Manual," DoD 5220.22-M (hereinafter called the Manual) attached
hereto and made a part of this agreement, subject, however, (i) to
(D) The Contractor agrees to determine that any subcontractor,
any revisions of the Manual required by the demands of national
subbidder, individual, or organization proposed for the furnishing of
security as determined by the Government, notice of which shall be
supplies or services which will involve access to classified
furnished to the Contractor, and (ii) to mutual agreements entered
information, has been granted an appropriate facility security
into by the parties in order to adapt the Manual to the Contractor's
business and necessary procedures thereunder.
clearance, which is still in effect prior to according access to such
classified information.
DD FORM 441, JAN 2017
PREVIOUS EDITION IS OBSOLETE.
Adobe Professional 8.0
Section II - SECURITY REVIEWS
Section V - PRIOR SECURITY AGREEMENTS
Designated representatives of the Government responsible for
As of the date hereof, this Agreement replaces and succeeds any
reviews pertaining to industrial plant security shall have the right to
and all prior security or secrecy agreements, understandings, and
review, at reasonable intervals, the procedures, methods, and
representations, with respect to the subject matter included herein,
facilities utilized by the Contractor in complying with the requirements
of the terms and conditions of the Manual. Should the Government,
entered into between the Contractor and the Government; provided,
through its authorized representative, determine that the Contractor's
that the term "security or secrecy agreements, understandings, and
security methods, procedures, or facilities do not comply with such
representations: shall not include agreements, understandings, and
requirements, it shall submit a written report to the Contractor
representations contained in contracts for the furnishing of supplies or
advising of the deficiencies.
services to the Government which were previously entered into
Section III - MODIFICATION
between the Contractor and the Government.
Modification of this Agreement may be made only by written
Section VI - SECURITY COSTS
agreement of the parties hereto. The Manual may be modified in
accordance with Section I of this Agreement.
This Agreement does not obligate Government funds, and the
Section IV - TERMINATION
Government shall not be liable for any costs or claims of the
Contractor arising out of this Agreement or instructions issued
This Agreement shall remain in effect until terminated through the
hereunder. It is recognized, however, that the parties may provide in
giving of 30 days' written notice to the other party of intention to
other written contracts for security costs, which may be properly
terminate; provided, however, notwithstanding any such termination,
chargeable thereto.
the terms and conditions of this Agreement shall continue in effect so
long as the Contractor possesses classified information.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year written above:
THE UNITED STATES OF AMERICA
By
(Signature of Authorized Government Representative)
(Typed Name of Authorized Government Representative)
(Typed Name of Authorized Government Agency)
WITNESS
(Typed Name of Contractor Entering Agreement)
By
(Signature and Date)
(Signature of Authorized Contractor Representative)
(Typed Name of Authorized Contractor Representative)
NOTE: The witness must be a person who personally observed the
Contractor Representative sign this form. The witness cannot be
(Title of Authorized Contractor Representative)
the same person who signs this form as the Government
Representative. The name of the witness should be typed or printed
under the witness' signature and date.
(Contractor Address)
(Contractor Address)
By executing this form, the Contractor Representative certifies that he or she is the
of the business entity identified above, and has the authority to bind the business entity to the terms of this agreement.
DD FORM 441 (BACK), JAN 2017
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How to Use DD Form 441?

When a company needs to access the national security information required to enter into a contract or respond to a request, it has to obtain a facility security clearance (FCL) first. The FCL is granted if the federal government determines that providing your company with access to the information classified as Confidential, Secret, or Top Secret is in the interest of the national security. You cannot apply for an FCL on your own account. It is required that the classified contract is granted to your company by a federal government agency or by any company that has already obtained its FCL.

The DD Form 441 is executed at the time of the facility clearance approval and is considered a legally binding document between the United States Government and the contractor. By signing this document, you agree to establish a Security Program and comply with the security requirements described in the National Industrial Security Program Operating Manual (NISPOM). Execution of the form allows your organization to work on the classified contract. It also allows the federal government to review the Security Program you have established in order to ensure it complies with the rules and regulations.

DD Form 441 Instructions

The DD 441 is a simple two-page form containing a few self-explanatory fields:

  • Remember that the form is a legally binding agreement between your company and the United States Government. Make sure you have read the security responsibilities of both sides before filling out the form;
  • Prepare two original forms DD 441. One of them will be kept by the Defense Security Service (DSS) and your organization maintains the other;
  • Fill out all the required fields;
  • Do not complete the date field on page 1, as well as the fields intended for completion by the Government Representative;
  • The document can be signed by the company employee or representative authorized to enter into an agreement with the United States Government on behalf of the company;
  • The document must also contain the signature of one witness. This witness must be an individual who observed the company representative or employee signing the contract. The Witness section must contain the witness' signature, date, and witness' name typed or printed under the signature;
  • It is prohibited for the individual signing the contract as the government representative to sign as a witness too;
  • The United States Government encourages you to submit the completed and signed form via the National Industrial Security System website instead of returning it to your respective cognizant security office.

After your company is sponsored for an FCL, the Industrial Security Representative will be assigned by the DSS to help you to follow the NISPOM requirements. Find more information regarding the procedure in the Code of Federal Regulation: Title 48 - Federal Acquisition Regulations System.

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