Attachment_9_STILO_Memo.pdf

DEPARTMENT OF THE NAVY

NAVAL AIR SYSTEMS COMMAND

RADM WilLIAM A. MOFFETT BUilDING

47123 BUSE ROAD, BlDG 2272

PATUXENT RIVER, MARYLAND 20670-1547 IN REPLY REFER TO

AIR 4.12.1/004

03 Mar 09

MEMORANDUM

From: Senior Intelligence Officer (AIR 4.12.1) To: Distribution

Subj: POLICY GOVERNING RELEASE OF INTELLIGENCE TO CONTRACTORS

Encl: (1) Request for Access/Release of Intelligence to Contractors, dated 1 November 2005

Ref: (a) DCll 6/6 "Security Controls on the Dissemination of Intelligence Information" dtd 20 Jan 2004

(b) SECNAVINST 5510.36 dtd 17 Mar 1999

1. As directed by reference (a), policy and procedures governing the release of intelligence to contractors and consultants is as follows:

a. The Senior Officials of the Intelligence Community (SOlC's), defined by reference (a), designate the Contracting Officer's Representative (COR) and the Scientific and Technical Intelligence Liaison Officer (STILO), the local intelligence program manager, as the official approving authorities for release of intelligence information to appropriately cleared or access-approved US contractors and consultants (hereinafter "contractor") having a demonstrated "NEED TO KNOW" without referral to the originating agency prior to release provided that:

(1) Release is only made to contractors certified by the COR via the STILO as performing classified services in support of a national security mission.

(2) The contractor has an approved safeguarding capability if retention of the intelligence is required.

(3) Contractors are not authorized to disclose further or release intelligence to any of their components or employees or to another contractor (including subcontractors) without the prior written notification and approval of the STILO unless such disclosure or release is authorized in writing at the initiation of the contract as an operational requirement.

(4) Intelligence released to contractors, all reproductions thereof, and all other material generated based on, or incorporating data there ftom (including authorized reproductions), remain the property of the US Government. The contractor shall return all intelligence documents to the STILO within 36 months of date of receipt, or the termination date of the contract, which ever occurs first.

b. The guidance for contractors inside a government owned or controlled facility are listed in paragraph l.a.

Subj: POLICY GOVERNING RELEASE OF INTELLIGENCE TO CONTRACTORS

c. The policies and procedures for contractors outside government owned or controlled facilities are listed in paragraph l.a. with the following additional policies and procedures:

(1) The STILO is responsible for ensuring that releases to contractors of intelligence marked ORCON and lor PROPIN are made only with the consent of the originating agency pursuant to reference (a).

(2) The STILO shall maintain a record of material released.

(3) Contractors shall establish procedures to control all intelligence received, produced, and held by them in accordance with the provisions of the National Industrial Security Program Operating Manual.

All reproductions and extractions of intelligence shall be classified, marked, and controlled in the same manner as the original(s).

(4) Sensitive Compartmented Information released to contractors shall be controlled pursuant to the provisions ofDCID 1/19, Security Policy for Sensitive Compartmented Information (SCI).

2. Enclosure (1) is the form letter that is to be completed and signed by the COR and validated by the STILO for a description of the intelligence information required for the contractor to perform the task.

NEED-TO-KNOW IS STILL THE DETERMINING BASIS FOR ACCESS. The original release form will be maintained by the STILO office with the DD-254 that is currently on file and a copy will be returned to the COR.

3. Questions or comments should be directed to the NA VAIR STILO, Mr. Steve Hendricks at commercial (301) 342-6320 or DSN 342-6320 or the following STILO personnel:

Mr. Peter Crosby, 342-6307 Mrs. Kris Dennie-Young, 342-6310 Mr. Jim Kelly, 342-6323 Mrs. Nancy Boeck, 342-6340

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S.K.~~~~KS\:J

Distribution:

All government contract representatives listed below initiating contract DD-254's requiring access to Intelligence Information:

Contracting Officer's Representatives (COR's) Contracting Officer's Security Representatives (COSR's)

REQUEST FOR ACCESS/RELEASE OF INTELLIGENCE TO CONTRACTORS

IAW DCID 6/6 "Security Controls on the Dissemination of Intelligence Information" of 11 July 2001, .

Request the following intelligence information be approved for access/release to

Company Name under Contract

Contract Number and D.O. if applicable

Description of technical intelligence information required (please be as specific as possible):

As a Senior Official of the Intelligence Community (SOle) designated representative for the Naval Air Systems Command or the Naval Air Warfare Center Aircraft Division Patuxent River, I hereby certify that access/release of the intelligence product listed above will in no way give the contractor an unfair competitive advantage or create a conflict of interest AND the contractor has a NEED-TO-KNOW and proper clearances supported by the DD-254 and Scope of Work stated in this contract. **

Validation by STILO:

Name printed/typed, date and signature

(Revised copy 1 November 2005 -previous form is now obsolete)

Enclosure (1)