FEDERAL CLEARANCE ASSISTANCE SERVICE
CONSULTING AGREEMENT
FOR EMPLOYER-REFERRED CLIENTS
By registering as a Client on this website, I agree to and accept the terms and conditions of THIS CONSULTING AGREEMENT (this “Agreement”) between me (Client) and the Federal Clearance Assistance Service (FEDCAS).
RECITALS:
Whereas, FEDCAS Consultants are all former Department of Defense personnel security practitioners with extensive Government investigative or adjudicative experience; and
Whereas, FEDCAS Consultants have all successfully completed Department of Defense training in security clearance investigation or adjudication; and
Whereas, Client is of the opinion that FEDCAS Consultants have the necessary qualifications, experience and abilities to provide professional consulting services to Client regarding federal personnel security programs; and
Whereas, Client desires the services of a FEDCAS Consultant (Consultant) and FEDCAS is agreeable to providing such services to the Client;
Now, therefore, Client and FEDCAS hereby agree to the terms and conditions set out in this Agreement.
1. Consultant’s Services.
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- Consultant shall communicate with Client by telephone, email, and/or secure internet website depending on the type of consulting services rendered. Consultant shall provide Client professional consulting services in the area of federal personnel security programs support as requested. Client hereby agrees to engage Consultant to provide Client with services consisting of information on applications, investigations, and adjudications related to federal personnel security programs. At Client’s request Consultant may also provide client opinions on how these processes might affect Client and assistance in preparing various documents related to federal personnel security programs.
- Client understands and agrees that: 1) Consultant can only provide information, opinions, suggestions, explanations, and assistance regarding federal personnel security programs based on government-wide standards and policies; 2) Consultant cannot provide information on investigative techniques or procedures beyond that which is publicly available, 3) Consultant does not provide advice on methods of circumventing or gaming security vetting procedures; and 4) Consultant is not engaged in rendering legal advice. If legal assistance is required, the services of a competent attorney specializing in security clearance law should be sought.
- Client understands and agrees that neither FEDCAS nor Consultant has any control, or implies or makes any promises, on any actions that the U.S. Government may take in deciding whether a person will or will not receive a favorable suitability, fitness, credentialing, or security clearance determination. Client further agrees to not hold Consultant, FEDCAS, or Client’s employer/prospective employer responsible for any loses (including but not limited to employment, financial, personal, and legal) resulting from Client receiving a less than favorable suitability, fitness, credentialing, or security clearance determination or resulting from delays in the Government vetting process. Client holds Consultant and FEDCAS harmless and not responsible for any actions, taken by the U.S. Government, any employer, any prospective employer, or any person, related to suitability, fitness, credentialing, or security clearance vetting processes.
2. Consideration.
In consideration for the Consulting services to be performed by Consultant under this Agreement, FEDCAS will receive payment from Client’s employer or prospective employer for services provided to Client in accordance with a previously established agreement between FEDCAS and the employer. If the agreement between FEDCAS and the employer is limited to a specific type of service or to a specific amount of service for which the employer will pay FEDCAS for their personnel, Consultant will advise Client of such limitation. Some employers may pay FEDCAS for additional services for their personnel on a case-by-case basis. If additional service beyond a limit established by the employer is desired, Consultant will provide Client an estimate of the additional time/cost. Consultant will advise Client to seek authorization from the employer for additional services, if this option exists. Alternatively, Client may pay for and receive additional service from FEDCAS. The cost of additional service is $100.00 for every one-half hour or portion thereof. For estimated additional services of $1,000.00 or less Client will remit the entire amount in advance. For estimated additional services of more than $1,000.00, Client will remit an amount approximately equal to sixty (60) percent of the estimated fee in advance and remit the balance due immediately prior to delivery of the work product.
3. Confidentiality.
To the extent permitted by law, Consultant and FEDCAS agree to maintain the confidentiality of all personal information provided by Client. Neither Consultant nor FEDCAS will disclose Client information to the employer or any third party without Client’s written consent, except:
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- billing information to Client’s employer/prospective employer,
- when required by law (e.g. in compliance with a subpoena),
- when circumstances indicate the imminent possibility of serious physical harm to people or property,
- when there has been an unreported compromise of classified national security information, or
- as specifically authorized in writing by Client.
4. Records Retention and Disposal.
All information, documents, and records held by FEDCAS and Consultant pertaining to Client, except for financial accounting data, will be securely deleted or otherwise destroy ninety (90) days following the end of the month in which the consulting engagement is completed, unless otherwise directed in writing by Client.
5. Term.
This Agreement shall commence upon acceptance by Client and end upon completion of the service, except that Client’s obligations under paragraph A.3 (above) shall survive beyond the termination of this Agreement.