Attachment_4_Distribution_Statements_on_Documents.pdf

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Draft FMV Pre-Solicitation Federal contract opportunity
Solicitation number
N00019-16-R-3000
Issued by
Department of the Navy Naval Air Systems Command Naval Air Warfare Center

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8 December 2015

Attachment 4

DISTRIBUTION STATEMENTS

ON

DOCUMENTS

DISTRIBUTION STATEMENTS ON TECHNICAL DOCUMENTS

In Accordance With DoDD 5230.24

The purpose of this Contract attachment is to establish procedures for marking technical documents, including production, engineering and logistics information, to denote the extent to which they are available for distribution, release, and dissemination without additional approvals or authorizations.

Distribution covers all engineering drawings, standards, specification, technical manuals, blueprints, drawing plans, instructions, computer software and documentation, and other technical information that can be used or can be adapted for use to design, engineer, produce, manufacture, operate, repair, overhaul, or reproduce any military of space equipment or technology concerning such equipment.

The distribution statement markings shall be mandatory for all technical documents, including such informal documents as working papers, memoranda, and preliminary reports if those documents are not already in the public domain and if they are likely to be disseminated outside the DoD.

The distribution statement shall be displayed conspicuously on technical documents so as to be recognized readily by recipients.

The following shall apply for standard written or printed material:

1 The distribution statement shall appear on each front cover, title page, and

Standard

Form 298, “Report Document Page”.

2 When practicable, the abstract of the document, the Standard Form 298 and the bibliographic citations shall be written in such a way that the information will not be subject to Distribution Statement E or F.

If the technical information is not prepared in the form of an ordinary document and does not have a cover or title page (such as forms and charts), the applicable distribution statement shall be stamped, printed, written or affixed by other means in a conspicuous position.

A distribution statement marking is distinct from and in addition to a security classification marking.

DISTRIBUTION STATEMENT DEFINITIONS:

DISTRIBUTION STATEMENT A: Approved for public release; distribution is unlimited.

a. This statement may be used only on unclassified technical documents that have been cleared for public release by competent authority in accordance with DoD Directive

5230.9. Technical documents resulting from contracted fundamental research efforts will normally be assigned Distribution Statement A, except for those rare and exceptional circumstances where there is a high likelihood of disclosing performance characteristics of military systems, or of manufacturing technologies that are unique and critical to Defense, and agreement on this situation has been recorded in the contract or grant.

b. Technical documents with this statement may be made available or sold to the public and foreign nationals, companies, and governments, including adversary governments, and may be exported.

c. This statement may not be used on technical documents that formerly were classified unless such documents are cleared for public release in accordance with DoD Directive

5230.9.

d. This statement shall not be used on classified technical documents or documents containing export-controlled technical data as provided in DoD Directive 5230.25.

DISTRIBUTION STATEMENT B: Distribution authorized to U.S. Government agencies only; to be used for Contractor Performance Evaluation, and/or Software Documentation determined on 9 March 1993. Other requests for this document shall be referred to the Program

Executive Office (PMA-299), Air ASW, Assault and Special Mission Programs.

a. This statement may be used on unclassified and classified technical documents.

b. Reasons for assigning distribution statement B include:

Foreign Government Information - To protect and limit distribution in accordance with the desires of the foreign government that furnished the technical information.

Information of this type normally is classified at the CONFIDENTIAL level or higher in accordance with DoD 5200.1-R.

Proprietary Information - To protect information not owned by the U.S. Government and protected by a contractors "limited rights" statement, or received with the understanding that it not be routinely transmitted outside the U.S. Government.

Critical Technology - To protect information and technical data that advance current technology or describe new technology in an area of significant or potentially significant military application or that relate to a specific military deficiency of a potential adversary. Information of this type may be classified or unclassified; when unclassified, it is export-controlled and subject to the provisions of DoD Directive

5230.25.

Test and Evaluation - To protect results of test and evaluation of commercial products or military hardware when such disclosure may cause unfair advantage or disadvantage to the manufacturer of the product

Contractor Performance Evaluation - To protect information in management reviews, records of contract performance evaluation, or other advisory documents evaluating programs of contractors.

Premature Dissemination - To protect patentable information on systems or processes in the developmental or conceptual stage from premature dissemination.

Administrative or Operational Use - To protect technical or operational data or

Information from automatic dissemination under the International Exchange Program or by other means. This protection covers publications required solely for official use or strictly for administrative or operational purposes. This statement may be applied to manuals, pamphlets, technical orders, technical reports, and other publications containing valuable technical or operational data.

Software Documentation - Releasable only in accordance with DoD Instruction

7930.2 (http://web7.whs.osd.mil/dodiss/instructions/instruc2.htm).

Specific Authority - To protect information not specifically included in the above reasons and discussions, but which requires protection in accordance with valid documented authority such as Executive Orders, classification guidelines, DoD or

DoD Component regulatory documents. When filling in the reason, cite "Specific

Authority (identification of valid documented authority)."

DISTRIBUTION STATEMENT C: Distribution authorized to U.S. Government agencies and their Contractors to protect publications required for official use or for Administrative or

Operational purposes only determined by the issue date of the manual (basic, revision, or change) being published at that time. Other requests for this document shall be referred to

COMMANDER; NATEC 6.8.5.1, Naval Air Technical Data and Engineering Service

Command, NAS North Island, P.O. Box 357031, Bldg 90, San Diego, CA 92135-7031.

a. Distribution statement C may be used on unclassified and classified technical documents

b. Reasons for assigning distribution statement C include: Foreign Government

Information - Same as distribution statement B.

Critical Technology - Same as distribution statement B.

Software Documentation - Same as distribution statement B.

Administrative or Operational Use - Same as distribution statement B.

Specific Authority - Same as distribution statement B.

DISTRIBUTION STATEMENT D: Distribution authorized to DoD and DoD Contractor only;

to be used for Critical Technology and/or Software Documentation effective upon contract award. Other requests shall be referred to the Program Executive Officer (PMA 299), Air ASW

Assault and Special Mission Programs.

a. Distribution statement D may be used on unclassified and classified technical documents.

b. Reasons for assigning distribution statement D include: Foreign Government

Information - Same as distribution statement B.

Administrative or Operational Use - Same as distribution statement B.

Software Documentation - Same as distribution statement B.

DISTRIBUTION STATEMENT E: Distribution authorized to DoD components only; to be used for Critical Technology effective upon contract award. Other requests shall be referred to the Program Executive Officer (PMA 299), Air ASW Assault and Special Mission Programs.

a. Distribution statement E may be used on unclassified and classified technical documents.

b. Reasons for assigning distribution statement E include: Direct Military Support - The document contains export-controlled technical data of such military significance that release for purposes other than direct support of DoD approved activities may jeopardize an important technological or operational military advantage of the United

States. Designation of such data is made by competent authority in accordance with

DoD Directive 5230.25.

Foreign Government Information - Same as distribution statement B.

Proprietary Information - Same as distribution statement B.

Premature Dissemination - Same as distribution statement B.

Test and Evaluation - Same as distribution statement B.

Software Documentation - Same as distribution statement B.

Contractor Performance Evaluation - Same as distribution statement B.

Administrative/Operational Use - Same as distribution statement B.

DISTRIBUTION STATEMENT F: Further dissemination only as directed by Program

Executive Officer (PMA 299), Air ASW Assault and Special Mission Programs effective upon contract award or higher DoD authority.

a. Distribution statement F is normally used only on classified technical documents, but may be used on unclassified technical documents when specific authority exists (e.g., designation as direct military support as in statement E).

b. Distribution statement F is also used when the DoD originator determines that information is subject to special dissemination limitation specified by paragraph 5-

208, DoD 5200.1-R.

DISTRIBUTION STATEMENT X: Distribution authorized to U.S. Government agencies and private individuals or enterprises eligible to obtain export-controlled technical data in accordance with regulations implementing 10 U.S.C. 140C effective upon contract award. Other requests must be referred to the Program Executive Officer (PMA 299), Air ASW Assault and Special

Mission Programs.

Export Control Warning. All technical documents that are determined to contain export-controlled technical data shall be marked "WARNING - This document contains technical data whose export is restricted by the Arms Export Control Act (Title 22, U.S.C., Sec 2751, et seq.) or the Export Administration Act of 1979 (Title 50, U.S.C., App. 2401 et seq), as amended.

Violations of these export laws are subject to severe criminal penalties. Disseminate in accordance with provisions of DoD Directive 5230.25." When it is technically not feasible to use the entire statement, an abbreviated marking may be used, and a copy of the full statement added to the "Notice To Accompany Release of Export Controlled Data" required by DoD Directive

5230.25.

Handling and Destroying Unclassified/Limited Distribution Documents.

Unclassified/Limited Distribution documents shall be handled using the same standard as "For

Official Use Only (FOUO)" material, and will be destroyed by any method that will prevent disclosure of contents or reconstruction of the document. When local circumstances or experience indicates that this destruction method is not sufficiently protective of unclassified limited information, local authorities may prescribe other methods but must give due consideration to the additional expense balanced against the degree of sensitivity.

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