Most Bizarre Security Clearance Question (Possible National Security Violation)

SECURITY CLEARANCE Q&A
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Hello All,

As like others who has requested help, I too need some help. With that being said, below is my situation.

In July of 2009, I left the Marine Corps after being stationed here in Washington, DC for White House Ceremonial Honor Guard. Since then, I haven’t used my security clearance up until 2012, when I was applied for a position with DHS. For example, prior to applying to DHS I was told by both JPAS, DSS, and DISCO “that my security clearance was still active.” As a result, I applied to DHS, after being informed it should be a smooth process. However, because of academic-conflicts, I didn’t get the job. Fast forward to 2017, JPAS, DSS, and DISCO “still state my clearance remains active.”

My guess? Because of the 10 year Periodic Reinvestigation, that would prompt my clearance to be good until 2019. <-- I could be wrong, but this is how I interpret it.

So anyway, fast forward to May 2017, I graduate with a degree in Government and International Politics with a minor in Intelligence Analysis, and a concentration in Cybersecurity; that allows me to be recruited for a DoD Contracting Job four months out of college. However, this is where it gets really interesting.

August 11, 2017, I interview with a cleared contractor who sponsors my clearance. They provide me with a written offer of employment; they tell me an active SECRET clearance is required; they have OPM give me access to e-Qip; followed by telling me to fill it out as fast and accurate as possible, because they need me to start within 45 days.

August 28, 2017, I’m told by my SFO my active SECRET (T3 DD02) security clearance came back good, and my first day to report to the command-site is September 4th, 2017. My first day, I’m completing; testing, and signing off on government courses - to accelerate my ability to get my PIV Credentials, my CAC card, and my-login credentials - so my IT workstation can be set up. After a week-and-a-half, I get my CAC card and I’m rocking and rolling for 11 months on the job. Whereas, after 11 months, the contract is terminated due to multiple bidders. And so, I turn in my CAC card; I take the experience that I’ve gained, and I move onto the private sector.

January 14th through January 16th, I’m now applying to Information Security and Cybersecurity Positions in the Washington, DC area - due to obtaining experience in the private sector. However, on January 16th, I was told by a future contracting employer, that my secret-security clearance isn’t active in JPAS, and therefore, they can’t on-board me at their client site. Now, obviously I’m thinking the recruiter might have “messed up my social security number” seeing how I was just activated last year. And so, I have their SFO contact me to troubleshoot, that results with their SFO telling me:

"Hi Mr. X, yeah so I know you talked to Mr. Y with you saying you have an active clearance in JPAS. However, when I look in JPAS your clearance is showing you haven’t been active since 2009; as that was your last adjudication buddy. Like, I see in March of 2017, that your fingerprints were starting to get ran, but other than that, you never had an active secret or top-secret security clearance after 2009."

With that being said, how is this possible; seeing how I was just cleared by my previous contractor - that resulted in me working 11 months on the job; touching both NIPRNET and SIPRNET systems? Like seriously, how does this happen? Is this because of the OPM China Hacks? Because like most of us, we all received the letter; prompting us to flag our credit bureaus; notify our banks, and opt into OPMS MyCareID Service. On that note, can anybody shed light on this issue? Like even my sponsoring contractor aren’t even data-logged into JPAS as sponsoring my security clearance - which is really odd!

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I suspect that something slipped through the floor boards that allowed you to retain your clearance as long as you did. Your last investigation closed in 2009 and your clearance was not removed when you went two years without a cleared job.

Now, you investigation from 2009 is out of scope and you need to be reinvestigated. If you can get a company that will sponsor you, I expect that an interim will be a better than normal chance. But, you are going to have to find that company.

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“after 11 months, the contract is terminated due to multiple bidders.” I do not understand what having multiple Bidders means that would cancel a contract. Sounds like your hiring company lost their contract for cause. Once they lost the contract, you weren’t providing any profit and they had no self interest in completing anything for you. That includes continuing sponsorship of any clearance and submitting you for re-investigation. DoD is notorious for not “reading out” or debriefing any separating military member unless in a tight SCI or SAP program. As such I can cross over, and routinely do cross over DoD members easily out to 5 years. I don’t question it. But I can check their status and see they have crossed over and are holding active clearances. It is my job to then review the BI dates of our 400 people and routinely submit those closing in on 10 years since last BI for Secret and 5 years for those with TS. When a contract ends…I have seen people walk out the gate and they are out of scope…once the company closes the active clearance, if out of scope they will not cross over. If your new agency wants you bad enough they will submit you. Period. You could file a complaint with your former client and tell them you had access to SIPR and did not have a clearance but I think that muddies the water.

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4

Frankly this is water under the bridge. Any violations would be on your former company and not you.

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Hi Ed,

The issue is not the re-investigation as that was done recently (2017-2018) that allowed me to work for the DoD. However, the issue now is how there’s no activity (sponsorship) that’s listed in JPAS for other SFO’s to see.

In other words, assuming you read my narrative in it’s entirety, my clearance was picked up and sponsored recently on Aug. 17, 2017. Fast forward to August 28, 2017, I’m told my clearance was good to go. Thus, I started working for the DoD on September 4, 2017 up until September 10, 2018.

P.S. I contacted my previous command and they all said everyone requires a secret or above. There’s no interims, there’s no public trust, but Secret clearances and above.

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Hi Amberbunny,

“after 11 months, the contract is terminated due to multiple bidders.” With regards to this, from what I am told I was told "when a contracting company’s contract ends, the Dod can either renew or accept the hiring company’s contract, or they can seek out another hiring company for a new contract. Thus, when our contract ending (with my company), I’m left to believe another contracting company (took over with their cleared personnel).

ME (personnel) + Defense Contracting Firm (employer) + Dept of Defense (client).

DoD said to my employer give him eQIP Access as we’ll sponsor him. I fill the forms out, they see my clearance in JPAS, they activate me with an active, I start working. In other words, are you telling me that when the DoD closed out our contract (bid), the DoD allowed my scope to not cross over?

P.S. Here in Washington, DC contract bids are a dime of dozen. Thus, contractor turnover is relatively high; as at the end of the day, it’s all about saving costs.

Example: You’re company A. You have a personnel who wants $120K to perform InfoSec Responsibilities. Fast forward 1-3 years, our contract is coming to an end and is “up for bidding.” I (the DoD) now have two options. Continue the contract by renewing it and paying your personnel $120K a year, or, I choose company B with an equally competent personnel who wants $75K to perform InfoSec Responsibilities. What do I (the DoD) choose? Company B because Fed Gov will be saving $45K a year. <— Capitalism 101. :slightly_smiling_face:

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I’m not sure that we need an economic lesson or instruction on how government contracts work. Your statement “due to multiple bidders” is misleading. Your company lost the contract, not because of multiple bidder but because your company lost the contract. We get that.

But, I don’t think that you are following what we are saying . . . You were NOT reinvestigated in 2018. Your clearance was reactivated even though you had been out of cleared work for more than two years. This can sometimes happen. But, you still required a 10 reinvestigation that your previous employer did not start.

NOW you need to be reinvestigated before you can start work.

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Ed. Boom. When your contract ended (for whatever reason), you were no longer in scope. You also had no sponsor. You disappear. You can only be submitted as an initial. 6 to 8 month wait for a clearance. I’ve been riding contracts for 15 years, I’ve been through a successful shirt swap or two (company A loses, company B won, B wanted me). So far it always worked in my favor. But you made a good point: as long as company B offers people technically meeting the requirement, the client accepts them. You are out of a job. New guy may or may not be worth a hill of beans. Advice: relationship building. Know your value proposition. Make your value known to the client. Make yourself indispensable professionally and personally. When contracts are out for bids, seek out those bidding and talk to them. It is not unethical to do so or have multiple signed agreements with each bidding company. When contracts are bid at LPTA lowest price technically acceptable…whoever is cheapest wins. I’m going through one right now.

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Ed- Thank you for the breakdown. Whereas, your initial response was a bit confusing compared to your latter response.

Amber - Thanks for the breakdown as well. Whereas, with regards to making myself professionally indispensable, I have done so. However, because of the shutdown here in DC, sponsoring companies are not able to continue the on-boarding process with me; due to federal workers that handle the administrative/new hire work aren’t working. So now, it’s a waiting game - until fed-gov reopens. Now with regards to talking to the bidders “who are bidding,” I never thought about that. Grant it! Is how the position “that I worked for,” is now being advertised as a vacancy. My guess? The contracting personnel couldn’t pull their weight. Talk about “what are the odds” right?

Compsci36 - That’s my colleague suggested. However, it just baffles me how a Dept. of Defense SFO “would lie” while working as a DoD-Army Personnel. Like seriously, security violation 101.

Needless to say, I appreciate all three of you for breaking this down. Thank you and have a great weekend.

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FOLLOW UP

Hey Ed, Amber, and Comp,

I know my post is a 24 day old post, however, after conducting some research on my end - with the help of my friend’s dad who works for DSS and my friend being a contract-recruiter for the DoD, the two of them were able to locate my security clearance despite what you all suggested.

For example, when my friend’s dad and himself looked me up in JPAS/Scattered Castles, they both said they were able to locate my name,locate my entry, and see the dates of my clearance. They said original I was granted a secret clearance in 2008, whereas, I was also granted a top secret in 2009. Whereas, as far my as top secret goes, they said it expired in 2013 due to a loss of jurisdiction/dealing with my periodic reinvestigation. However, as far as my secret clearance goes, they both said they confirmed my entry for a preinvestigation (my SF86), my investigation (taking less than a month), and then saw me up for adjudication.

Having said that, this is what they explained to me and suggested might’ve happened.

“When you were working for the DoD you were cleared. However, what likely happened to your clearance is how your FSo didn’t put you under their cage code to show ownership. Thus, the reason why your clearance expired last year. Whereas, had your FSO placed you under their commands cage code, they would’ve owned your clearance and extended it for another 10 years - so it wouldn’t have expired in 2018. Our guess, chances are your FSO dropped the ball administratively which caused you to lose your secret. Long story short, he saw you weren’t due for a PR until 2018, and he probably felt your contractor would stay on board until your adjudication was completed. But because your firm lost the contract, and because he left the command 3 months ago like you said, he probably flat out forgot to cage code. It happens as FSO’s can be jack—es at times. The good news. Because you had a clearance vs being denied a clearance, and because you are squeaky clean; with no serious financial delinquencies; no criminal history; no family overseas, and haven’t lived overseas but stateside in 3 states, the good news is how it will be relatively fast for you to be cleared again. Whereas, the bad news, you have to fill out another SF86.”

With that being said guys, all of us were wrong and misinformed. Whereas, as of now, I am now being processed for a Public Trust (SF85) for a new InfoSec Position; followed by filling out a new SF86 for a Q-Clearance for a Cyber Position. Both being different contracting firms/clients.

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Well . . . No . . . We were not all wrong. We were as close to completely accurate as we possibly could have been without illegally accessing your records in JPAS.

Your clearance expired in 2018. We had no way to know that your PR was started (I would have thought that YOU would have known that) but we DID know that it wasn’t completed. It was likely incomplete because your company lost their contract and no longer needed your clearance. I don’t think that they could have started the PR if you were not in their CAGE but you were dropped from their jurisdiction when they no longer needed you to have a clearance.

Good luck with the Public Trust or the Q. You shouldn’t not have a problem and I hope you are processed quickly. The lesson that you should take from this is that YOU are the one responsible for tracking the status of YOUR clearance. Learn the rules and make sure that both you and your FSO are on top of things.

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Ed is correct. For the record, having a person verify you in JPASS and especially SC when they have no business need to do so…I advise against that. Strongly. Admin errors do happen, and many people can be arrogant, and not able to slowly review their entries to honestly assess what went wrong. Of course having the company lose the contract…very quick end to the sponsorship. I will find out very shortly who manages my contract. I will need roll over all clearances to the new company if one wins. Or not if our company stays. For a variety of reasons the contract could go either way.

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Ed - I agree with you as don’t mistake my response as challenging you or attacking you. If anything I thought I made it clear that my PR was conducted in 2017 prior to starting the contracting. Whereas, as far as being self-responsible goes? I clearly UNDERSTAND and AGREE going forward. However, in the past, I didn’t know what I was responsible for as a Marine - other than completing and submitting the SF86 as accurate and efficiently as possible; as every time I did that, I was told “you’re good to go; just wait, and we will contact you if we need to.” Thus, I THOUGHT this was the process. But since you are advising other ways. Heck man…thank you!

My takeaway learning experience is simple: Be in contact with my FSO going forward 24/7 versus giving them ultimate trust. I mean yes ERRORS do happen, but I honestly thought someone who is RESPONSIBLE for clearances would NOT need to be supervised or micromanaged. I mean literally! For someone who manages national security clearances, I literally thought they would be no room for error. Why? Because of the national security and political blowback that could happen. ¯_(ツ)_/¯

Amber - I agree with you on the privacy aspect of things, however, with the OPM Hacks and being a victim does it really make a significant difference? Seeing how my information is out there in the hands of a chinaman; chinawomen; or potentially being sold to a data bank? If anything, the only thing I could do (and did) was opt into the OPM ID Protection Program - followed by opting into other private-sector web services to monitor my identity.

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I can tell you I painstakingly go over every single SF86, line by line and several times, and we still can miss small errors or omissions. I feel foolish when they are kicked back for stuff I should have caught.

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You may be overblowing the job of FSO . . . In some larger companies, there may be a team who check and cross-check everything but in some smaller companies, the FSO duties are just tossed onto an HR or other management person in addition to their other duties. Some companies may have a detailed training program and others may have “learn by doing” training. That’s why, in any job, cleared or not, you need to be in charge of your own career.

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