Solicitation Attachment 0005 - DD254 Appendix D FOUO.doc

Solicitation # W15P7T-17-R-0008

CHS-5

APPENDIX D

SAFEGUARDING “FOR OFFICIAL USE ONLY” (FOUO) INFORMATION

Reference: AR 25-55, Chapter IV

1. The “FOR OFFICIAL USE ONLY” 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 it is used on official Government Information that may be withheld from the public under exemptions 2 through 9 of the Freedom of Information Act.

2. 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 instructions received from such agencies.

3. Use of the above markings does not mean that the information cannot be released to the public, 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.

4. IDENTIFICATION MARKINGS:

a. An unclassified document containing FOUO information shall be marked “For Official Use Only” in bold letters at least 3/16 of an inch high at the bottom of the front cover (if any), on each page containing FOUO information, and on the outside of the back cover (if any). No portion marking 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 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 “FOR OFFICIAL USE ONLY” status is terminated, all known holders will be notified to the extent possible.

5. 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.

6. STORAGE: During normal 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 non-working 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 non-working 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.

7. TRANSMISSION: “FOR OFFICIAL USE ONLY” information may be sent via first-class mail or parcel post. Bulky shipments may be sent fourth-class mail.

8. DISPOSITION: When no longer needed, FOUO information may be disposed of by tearing each copy into pieces to preclude reconstructing, and placing it in a trash container or as directed by the User Agency.

9. UNAUTHORIZED DISCLOSURE: Unauthorized disclosure of “FOR OFFICIAL USE ONLY” information does not constitute a security violation but the releasing agency should be informed of any unauthorized disclosure. The unauthorized disclosure of FOUO information protected by the Privacy Act may result in criminal sanctions.

10. Point of contact is PdL Common Hardware System ATTN: SFAE-CCC-NEH-CHS.