When a cleared employee moves from one employer (contractor or Federal) to another at a site, is it necessary to have the employee sign a new SF-312, Classified Information Nondisclosure Agreement, for their new position?
No, as long as the SF-312, which the individual originally signed, can be readily located and retrieved from wherever it is filed, there is no requirement to have the individual sign a new one. There is no prohibition against having the person execute a new form, but it is not necessary as long as the first one is available. When the employee is moving from a position with one contractor to a position with a different contractor company, the form cannot be retained by the original employer after the individual changes jobs. However, the form can be given to the new employer to hold while the individual works for that employer, or it can be retained in a file held by a DOE Federal office. Q: Is there a requirement to process a Foreign Ownership, Control, or Influence (FOCI) determination for individuals regardless of how they are paid (e.g., proprietorship, corporation, LLC, etc.) if they are acting as individuals and do not hire additional persons to work on a task? A: Individuals who
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