BPA CDRL A001.doc

CONTRACT DATA REQUIREMENTS LIST

(1 Data Item) Form Approved OMB No. 0704-0188

Public reporting burden for this collection of information is estimated to average 110 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Services, Directorate for Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302 and to the Office of Management and Budget, Paperwork Reduction Project (0704-0188), Washington, DC 20503. Please DO NOT RETURN your form to either of these addresses. Send completed form to the Government Issuing Contracting Officer for the Contract/PR No. Listed in Block E.

17. PRICE GROUP

18. ESTIMATED

TOTAL PRICE

REQUIRED

b. COPIES

8. APP CODE

Final

N/A

Block 4: Contractor shall submit data via e-mail. Contractor’s format acceptable

Block 5: Monthly Past Due Report will be delivered to the TPOC in accordance with SOW Para. 4.6.

Block 9: Distribution Statement D: Distribution authorized to DoD and DoD contractors only; Administrative or operational use, October 9, 2002.

MARKING OF DISTRIBUTION STATEMENTS ON TECHNICAL DOCUMENTS

1. Purpose of distribution statements. Subsequent to passage of the Freedom of Information Act (FOIA), it was recognized by Congress that too much technical data was not covered by the nine categories of exemptions (protected by the caveat “For Official Use Only”). Thus too much technical data related to national security was being released to the public and thus to foreign governments and other foreign entities. Congress enacted a specific amendment to the FOIA that exempted technical data with military or space applications from public release. The mechanism for marking that technical data covered by this statutory exemption is the distribution statement system spelled out in Exhibit 12B from OPNAVINST 5510.1H. Distribution statements denote that a specific governmental decision has been made that the information is sensitive (see Public Law 100-235 for definition) and to limit the availability for distribution, release and disclosure without need for additional approvals and authorization from the controlling office. These distribution statements are distinct from security classification markings, and shall be used on classified and unclassified data to restrict dissemination beyond the limits provided by applying security clearance and need-to-know controls, and to control dissemination of the data following declassifications. Distribution statements shall remain in effect until changed or removed by the controlling DoD office.

2. Marking technical data. All new or requested unmarked technical data, including production, engineering, logistics, and scientific and technical information (regardless of its medium, physical form or characteristics, including preliminary drafts and working papers) shall be marked with a distribution statement. This includes technical reports, blueprints, drawings, technical orders, technical manuals, plans, instructions, computer software, viewgraphs, film, technical papers, engineering change proposals, photographs, etc. If the document contains export-controlled technical data, it also must be marked with an export control warning notice (see DoD Directive 5230.25 and Exhibit 12B from OPNAVINST 5510.1H for warning notice use and application guidance). Distribution statements selected shall not restrict the data any further than is actually required to protect the interests of the Government.

3. Responsibility for marking data. The controlling DoD office generating the technical data or responsible for the generation of the data shall determine the appropriate distribution statement and ensure that the data generated or possessed by the government or its contractors is appropriately marked.

4. Revised and updated technical data. Each revision shall be considered a new document to be reviewed and marked appropriately. Whether or not previous versions of technical data have been publicly released shall not be the determining factor in the decision concerning use of a distribution statement on revisions or updates.

5. Location of Distribution Statements. The distribution statement shall be placed in a conspicuous location on the cover, title page or first page of the document so that it is immediately visible without opening the document.

6. Protection of DoD technical documents with distribution statements. Basic steps must be taken to prevent unauthorized disclosure of distribution statement (other than Distribution Statement A documents) or warning notice protected DoD technical documents. Operations Security (OPSEC) is the protection mechanism. See OPSEC program provisions in the contract statement of work. OPSEC countermeasures are contained in the OPSEC Plan contract deliverable requirement list (DD Form 1423) for the contract.

7. Distribution Statements. There are seven different distribution statements, each with several possible reasons for their use, that may be used to control dissemination of DoD technical documents; ranging from complete public release to only specific release on a case-by-case basis by the controlling DoD office. Certain types of technical data preclude placing the entire notice on the document. To accommodate this problem, each distribution statement contains an authorized abbreviated form. Abbreviated distribution statements are to be used only when space precludes placing the entire notice on the document. The wording and use of these statements, tailored to this specific contract, are described below (and guidance for selecting/assigning them are contained in Exhibit 12B from OPNAVINST 5510.1H).

DISTRIBUTION STATEMENTS FOR USE ON TECHNICAL DOCUMENTS

The following distribution statements are authorized for use on DoD technical documents.

1.

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 (reference (g)). 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, 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 (reference (g)).

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 (reference (c)).

2.

DISTRIBUTION STATEMENT B. Distribution authorized to U.S. Government Agencies only, to be used for Contractor performance evaluation (Determination date: 01 JUN 97). Other requests for this document shall be referred to the Naval Air Warfare Center Aircraft Division (NAWCAD) Patuxent River, St. Inigoes, Special Communications Requirements (SCR) Division.

a.

This statement may be used on unclassified or classified technical documents.

b.

Reasons for assigning Distribution Statement B include:

Foreign To protect and limit distribution in accordance with the desires of

Government the foreign government that furnished the technical information.

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

Proprietary To protect information not owned by the U.S. Government and

Information protected by a contractor's "limited rights" statement, or received with the understanding that it not be routinely transmitted outside the

U.S. Government.

Critical To protect information and technical data that advance current

Technology technology or describe new technology in an area of significant or potentially significant military application or that relate to a specific military deficiency or 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 (reference (c)).

Test and To protect results of test and evaluation of commercial products or

Evaluation military hardware when such disclosure may cause unfair advantage or disadvantage or disadvantages to the manufacturer of the product.

Contractor To protect information in management reviews, records of contract

Performance performance evaluation, or other advisory documents evaluating

Evaluation programs of contractors.

Premature To protect patentable information on systems or processes in the

Dissemination developmental or concept stage from premature dissemination.

Administrative To protect technical or operational data or information from

Or Operational automatic dissemination under the International Exchange Program

Use 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 Releasable only in accordance with DoD Instruction 7930.2

Documentation (reference (i)).

Specific To protect information not specifically included in the above reasons

Authority 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 or valid documented authority).”

3.

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 (Determination date: 01 JUN 97). Other requests for this document shall be referred to the Naval Air Warfare Center Aircraft Division (NAWCAD) Patuxent River, St. Inigoes, Special Communications Requirements (SCR) Division.

a.

May be used on unclassified technical documents or on classified technical documents, if necessary, to ensure distribution limitation in addition to need-to-know requirements imposed by DoD 5200.1-R (reference (h)) or in the event the document is declassified.

b.

Reasons for assigning Distribution Statement C include:

Foreign Government Information

Same as distribution statement B.

Critical Technology

Software Documentation

Administrative or Operational Use

Specific Authority

4.

DISTRIBUTION STATEMENT D. Distribution authorized to the Department of Defense and U. S. DoD contractors only to protect publications required for official use only and for administrative or operational purposes. (Determination date: 01 JUN 97). Other requests for this document shall be referred to the Naval Air Warfare Center Aircraft Division (NAWCAD) Patuxent River, St. Inigoes, Special Communications Requirements (SCR) Division.

a.

May be used on unclassified technical documents or on classified technical documents, if necessary, to ensure distribution limitation in addition to need-to-know requirements imposed by DoD 5200.1-R (reference (h)) or in the event the document is declassified.

b.

Reasons for assigning Distribution Statement D include:

Foreign Government Information

Critical Technoloyg

5.

DISTRIBUTION STATEMENT E. Distribution authorized to DoD Components only to protect publications required for official use only and for administrative or operational purposes. (Determination date: 01 JUN 97). Other requests must be referred to the Naval Air Warfare Center Aircraft Division (NAWCAD) Patuxent River, St. Inigoes, Special Communications Requirements (SCR) Division.

a.

May be used on unclassified technical documents or on classified technical documents, if necessary, to ensure distribution limitation in addition to need-to-know requirements imposed by DoD 5200.1-R (reference (h)) or in the event the document is declassified.

b.

Reasons for assigning distribution statement E include:

Direct Military The document contains export-controlled technical data of such

Support 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

(reference (c)).

Foreign Government Information

Proprietary Information

Premature Dissemination

Same as distribution statement D.

Test and Evaluation

Contractor Performance

Evaluation

Critical Technology

6.

DISTRIBUTION STATEMENT F. Further dissemination only as directed by the Naval Air Warfare Center Aircraft Division (NAWCAD) Patuxent River, St. Inigoes, Special Communications Requirements (SCR) Division 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 4-505, DoD 5200.1-R (reference (h)).

c.

When a classified document assigned distribution statement F is declassified, the statement shall be retained until the controlling DoD office assigns the proper distribution statement from this Directive.

7.

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 (date of determination). Other requests must be referred to the Naval Air Warfare Center Aircraft Division (NAWCAD) Patuxent River, St. Inigoes, Special Communications Requirements (SCR) Division.

a.

Distribution statement X shall be used on unclassified documents when distribution statements B, C, D, E, or F do not apply, but the document does contain technical data as explained in DoD Directive 5230.25 (reference (f)).

b.

This statement shall not be used on classified technical documents; however, it may be assigned to technical documents that formerly were classified.

8.

EXPORT CONTROL WARNING. All technical documents that are determined to contain export controlled technical data shall be marked with this legend.

"WARNING - This document contains technical data whose export is restricted by the Arms Export Control Act (Title 22, U.S.C., Section 2751 et seq.) or Export Administration Act of 1979, as amended, Title 50, U.S.C., App. 2401 et. Seq. Violation of these export laws are subject to severe criminal penalties. Disseminate in accordance with provisions of DoD Directive 5230.25.” When it is technically infeasible 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 (reference (c)).

9. 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.