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Appendix D
Clearance and Release of Contractor Materials and Information

D-1. Contractor submissions

a. In prescribing procedures for submission, review, and clearance of industry- originated information materials, DA defers to Army/industry interface guidance in the FAR, AFARS, and DFARS and the Army/industry relationship shown by the contract terms when a contract exists. These requirements also apply to educational institutions receiving information from any Army element on pre-award negotiations, contract awards, letter contracts, modifications, or grants to carry out military research and development projects.

b. Department of the Army agencies and contractors will not release procurement information on Army contracted research and development projects without prior approval and clearance from the Assistant Secretary of the Army (Acquisition, Logistics, and Technology).

c. Department of the Army agencies or educational institutions will not release procurement information on Army contracted research and development projects without prior approval or clearance.

d. A classified contract is one which requires access to classified information (CONFIDENTIAL, SECRET, TOP SECRET) either to submit a bid or proposal or to perform the contract. A contract may be classified even though the contract document is not classified. When a classified contract exists, the contractor is guided by security items in the contract and by the terms of the security agreement. Security criteria are shown on DD Form 254 (DOD Contract Security Classification Specification). Department of Defense 5220.22-R, DOD 5220.22-M, and AR 380-49 contain procedures to safeguard classified defense information and procedures for the proposed release of information which contractors, subcontractors, vendors, or suppliers will have access to or possess.

e. When unclassified contracts do not give specific instructions on releasing information, contractors should submit informational materials prior to publication to a PA office designated by the administrative contracting officer. If the submission is made to any other office, it will be referred immediately to the proper administrative contracting officer for action. Voluntary submission is simple business courtesy and affords safeguards against accidental release of inaccurate or classified information.

f. Except for information materials developed under contract requirements, PA officers act in an advisory role, reviewing material voluntarily submitted. The final decision on matters of accuracy, style, and good taste remains with the originator.

D-2. Scientific and technical information

a. Public Affairs officers do not have the authority to clear scientific and technical information for public release. However, PA officers will assist the proponent of unclassified scientific and technical materials in determining at what level clearance can be granted. This material includes the results of research, development, test, and evaluation prepared for presentation or publication under AR 70-45, paragraphs 5 and 7, within or outside CONUS. An exception is material that must be cleared through HQDA or OSD under this regulation and applicable industrial security directives.

b. Scientific and technical information will not be released if it discloses classified military applications, or, if unclassified, disclosure would be adverse to the national interest. Department of Defense or higher authority will release scientific and technical information that would generate national public interest.

c. Export and International Traffic in Arms Regulation restrictions may also govern release of certain information. See DODD 5230.24 and DODD 5230.25 for guidance in making this determination. Approval from OASD is required for such a release.

d. Information materials prepared under joint Army/industry authorship will be processed for review and clearance in the same manner as materials of Army authorship.

e. Scientific and technical information for public release will be prepared under AR 70-31. This material will be forwarded for clearance to the proper headquarters or administrative contracting officer.

D-3. Submission requirements

The following requirements apply when material covered in this appendix is submitted for clearance.

a. Written materials and still photographs— submit three copies. Photographs must be properly captioned. Include additional copies of all materials, one for each intervening headquarters record file.

b. Scientific and technical papers and presentations— submit three copies. Each copy will include appropriate copies of all viewgraphs, photographs, charts, graphs, and similar material, properly captioned.

c. Fact sheets, pamphlets, and brochures— submit three copies. Each copy will include full text, layout, and all illustrative material.

d. Contractor advertisements— submit three copies. Each copy will include text and layout, including artwork and photographs, proposed for final publication. (See para 13-4 for policy concerning advertising and promotion.)

e. Exhibits— submit three copies. Design/layout with text of copy to appear on display material and all artwork and photographs proposed for exhibition.

f. For motion picture or videotape production, the following review procedures are required:

(1) Preliminary written story/concept/outline treatment— submit three copies. Include additional copies, one each for intervening headquarters record files.

(2) Final shooting script, including scene description/narration— submit three copies. Include additional copies, one for each intervening headquarters record file.

(3) One copy rough cut (film or videotape) minus soundtrack.

(4) One print (film or videotape) or one copy final narration for final review.

 

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