1 J6 a DoD IAC PMO DD 254 DRAFT Addendum a.docx

FOUO Addendum Solicitation: XXXXXXXX

Item 10j: PROTECTING “FOR OFFICIAL USE ONLY” (FOUO) INFORMATION

1. GENERAL:

a. The "For Official Use Only" (FOUO) marking is assigned to information at the time of its creation in a DoD User Agency. It is not authorized as a substitute for a security classification marking but is used on official government information that may be withheld from the public under exemptions 2 through 9 of the Freedom of Information Act (FOIA).

b. Other non-security markings, such as "Limited Official Use" and "Official Use Only" are used by non-DoD User Agencies for the same type of information and should be safeguarded and handled in accordance with instruction received from such agencies.

c. Use of the above markings does not mean that the information cannot be released to the public under FOIA, only that it must be reviewed by the Government prior to its release to determine whether a significant and legitimate government purpose is served by withholding the information or portions of it.

2. MARKINGS:

a. An unclassified document containing FOUO information will be marked "For Official Use Only" at the bottom of the front cover (if any), on the first page, on each page containing FOUO information, on the back page, and on the outside of the back cover (if any). No portion markings will be shown.

b. Within a classified document, an individual page that contains both FOUO and classified information will be marked at the top and bottom with the highest security classification of information appearing on the page. If an individual portion contains FOUO information but no classified information, the portion will be marked, "FOUO."

c. Any "'For Official Use Only" information released to a contractor by a DoD User Agency is required to be marked with the following statement prior to transfer.

“This document contains information

EXEMPT FROM MANDATORY DISCLOSURE

UNDER THE FOIA. Exemptions apply.”

d. Removal of the "For Official Use Only" marking can only be accomplished by the originator or other competent authority. When the "For Official Use Only" status is terminated, all known holders will be notified to the extent practical.

3. DISSEMINATION: Contractors may disseminate "For Official Use Only" information to their employees and subcontractors who have a need for the information in connection with a classified contract. Contractors must ensure employees and subcontractors are aware of the special handling instructions detailed below.

4. STORAGE: During working hours, "For Official Use Only" information shall be placed in an out-of-sight location if the work area is accessible to persons who do not have a need for the information. During nonworking hours, the information shall be stored to preclude unauthorized access. Filing such material with other unclassified records in unlocked files or desks, is adequate when internal building security is provided during nonworking hours. When such internal security control is not exercised, locked buildings or rooms will provide adequate after- hours protection or the material can be stored in locked receptacles such as file cabinets, desks, or bookcases.

5. TRANSMISSION: "For Official Use Only" information may be sent via first-class mail or parcel post. Bulky shipments may be sent by fourth-class mail. DoD components, officials of DoD components, and authorized DoD contractors, consultants, and grantees send FOUO information to each other to conduct official DoD business. Tell recipients the status of such information, and send the material in a way that prevents unauthorized public disclosure. Make sure documents that transmit FOUO material call attention to any FOUO attachments. Normally, you may send FOUO records over facsimile equipment. To prevent unauthorized disclosure, consider attaching special cover sheets, the location of sending and receiving machines, and whether authorized personnel are around to receive FOUO information. FOUO information may be passed to officials in other departments and agencies of the executive and judicial branches to fulfill a government function. Mark the records "For Official Use Only" and tell the recipient the information is exempt from public disclosure under the FOIA and requires special handling.

Electronic transmission of FOUO information between the government and contractors must be encrypted using PKI infrastructure. The transmission of FOUO information between contractors must be encrypted using PKI infrastructure or other means specifically approved by the government. FOUO information accessible via the World Wide Web must be protected, at a minimum, through access control and 128bit secure sockets layer (SSL) encryption.

6. DISPOSITION: When no longer needed, FOUO information must be destroyed using an approved means of destruction which effectively inhibits the recreation of the information.

7. UNAUTHORIZED DISCLOSURE: Unauthorized disclosure of "For Official Use Only" information does not constitute a security violation but the releasing agency will be informed of any unauthorized disclosure. The unauthorized disclosure of FOUO information protected by the Privacy Act may result in criminal sanctions and disciplinary action may be taken against those responsible.

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