Tenderloin Posted August 5, 2012 Report Share Posted August 5, 2012 I'm a newbie to this website but know quite well the subject of technical data [iP] and all that entails as I've been in this field for well over 25 years as a DOD employee. My question is that we have a situation in the DOD wherein we have technical data that is clearly unlimited rights data for parts that we want to have other companies bid on to produce the equipment. My question is can this technical data be posted to the FBO website (FedBizOpps) for companies to bid on that project to do so? I think definitely not - I'm 99.999% sure of it. Our KO believes it is OK despite my warnings against it. Rights in data is really not the issue at all. It's the ITAR/Export control notice on the technical data (drawings) we have on it along with the distribution statements on that data with "D". It also has a "USML M"stamp on it...[united States Munitions List]. I just really want to confirm my position on this matter. If anybody has any insight to add to this post, I'd appreciate it very much. Link to comment Share on other sites More sharing options...
Guest Vern Edwards Posted August 5, 2012 Report Share Posted August 5, 2012 This is a very complicated issue, but posting at FBO does not sound right to me, and I say when in doubt don't do it. But let me ask the obvious: Have you checked with the legal office? Link to comment Share on other sites More sharing options...
joel hoffman Posted August 6, 2012 Report Share Posted August 6, 2012 Isn't this a technical proponent decision rather than a KO decision? Link to comment Share on other sites More sharing options...
dcarver Posted August 6, 2012 Report Share Posted August 6, 2012 I'm a newbie to this website but know quite well the subject of technical data [iP] and all that entails as I've been in this field for well over 25 years as a DOD employee. My question is that we have a situation in the DOD wherein we have technical data that is clearly unlimited rights data for parts that we want to have other companies bid on to produce the equipment. My question is can this technical data be posted to the FBO website (FedBizOpps) for companies to bid on that project to do so? I think definitely not - I'm 99.999% sure of it. Our KO believes it is OK despite my warnings against it. Rights in data is really not the issue at all. It's the ITAR/Export control notice on the technical data (drawings) we have on it along with the distribution statements on that data with "D". It also has a "USML M"stamp on it...[united States Munitions List]. I just really want to confirm my position on this matter. If anybody has any insight to add to this post, I'd appreciate it very much. The security manager in your Program Office or Command should know all you need to know about ITAR/Export Restrictions on documents that they own. Key word is should. If you aren't getting far and your command has an FMS office, try there, they should be able to explain the ITAR/Export restriction process to you very well. From experience on that, you should not be putting that on FBO. It should be an attachment that is by request only, with requestor giving you information (CAGE Code) of the US based portion of there company at the very least. Even if it isn't "classified," it may be considered a sensitive document that should not be going to foreign firms. Without knowing exactly what document you have, that may be all you have to do. Your legal office probably has some useful language for you to throw in for people to request if you are drawing a blank, but I would run that through security first. Link to comment Share on other sites More sharing options...
Tenderloin Posted August 6, 2012 Author Report Share Posted August 6, 2012 Thanks all. This issue is in fact going to our legal office this morning. Link to comment Share on other sites More sharing options...
Retreadfed Posted August 6, 2012 Report Share Posted August 6, 2012 One thing to remember is that the ITAR protects certain products and data from being exported withkout the proper authorization. For data, an export occurs when an unauthorized individual has access to it. That can occur in the U.S. as well as oversees. There is a university professor who is doing 3 years in prison for permitting foreign students to do work with ITAR protected data although the data never left the U.S. Link to comment Share on other sites More sharing options...
joel hoffman Posted August 6, 2012 Report Share Posted August 6, 2012 Isn't this a technical proponent decision rather than a KO decision? I think that a decision to release the info when the tech component doesnt want to is beyond the function or responsibility of the Contracting Officer - unless the KO is the one deciding that it shouldn't be released. The organization that owns or controls the data should be able to say "NO". Link to comment Share on other sites More sharing options...
Tenderloin Posted August 7, 2012 Author Report Share Posted August 7, 2012 All is well, this data is not going to be released on FBO after our legal weigh in. I knew I was right, but the KO was insistent upon it despite my advice to not do this. In case anyone was/is wondering the data was several technical data/drawings of fairly simple parts. Thanks WIFCON forum. You all rock!!! Link to comment Share on other sites More sharing options...
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