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Distribution Statement "D" on SOW and Performance Spec.


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Folks- a question regarding limitations to Distribution D Statement:

The Government issued an RFP for an SOW that can only be performed by our parent foreign company (Norway)

Our company is acting as PRIME for the effort and generated the proposal, referring to both the SOW and the Performance Spec in the proposal which contains Distribution D (DoD and U.S DoD contractors only.)

The Government did give permission for our foreign company to download the SOW and Perf. Spec from FedBizOpps.,

However, the PM for the proposal effort forwarded the Technical proposal to our parent company representative to satisy a request from our parent company.

Is our company now in violation of the Distribution Statement on the SOW and Performance spec?

You feedback is greatly appreciated on this issue.

Many thanks!

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Folks-

Any feedback on this is appreciated!

Is our company inn violation of the Distribution Statement by sending the Technical proposal to our foreign parent? Even tho our foreign parent did get permission to download the spec and SOW from FedBizOps.

Thanks again!

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Jeff, I pm'd you.

I suggest you need to reach out to someone with strong trade compliance knowledge for a definitive answer. Did you receive 'verbal' from the gov't? Is there a TAA in place? Should there be?

Also, suggest using hypotheticals, both internally and externally, when discussing possible violations.

Might want to have 'off-line' discussions internally until you have a sollid answer.

BC

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Guest Vern Edwards

In my opinion, your company probably violated the distribution limitation and breached its contract. Distribution Statement D is stated as follows in DOD Instruction 5230.24, "Distribution Statements on Technical Documents," August 23, 2012:

DISTRIBUTION STATEMENT D. Distribution authorized to the Department of Defense and U.S. DoD contractors only (fill in reason) (date of determination). Other requests shall be referred to (insert controlling DoD office).

According to the glossary in DOD Instruction 5230.24, "U.S. DoD Contractors" is defined as follows:

U.S. DoD contractor. Those U.S. contractors currently holding grants or contracts with the DoD, or those contractors declared eligible for DoD information services by a sponsoring DoD activity on the basis of participation in a DoD potential contractor program or equivalent certification as described in the definition for “DoD potential contractor”.

Does that describe your Norwegian parent company? If not, tell your customer what you did and ask for instructions. Do it now.

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