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Delivered w/ Wrong Distribution Statement


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Hello All,

We have delivered a software that was developed with mixed funding (private and USG) therefore we asserted Government Purpose Rights.

For a reason unknown to me (occurred before my time) it seems that the software was delivered with Distribution D (unlimited rights) which is incorrect.

It has been 2 years of the 5 years that the customer is suppose to have GPR, though I am now interested in correcting this error with the Distribution E.

Is this possible, and if so, would it be as simple as writing a letter to our customer asserting the software properly?

I know we cannot fix any distribution that happen within the first 2 years when it was marked improper, though I am thinking of minimizing the damage moving forward.

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Not my area of expertise but the following may be of help.  My suggestion would be to pose your suggestion to with the authority who was the lead with regard to the development....CO, grant administrator, project manager, or ?????  and then go from there.

To assist in your effort this document may be of help -

Department of Defense INSTRUCTION

NUMBER 5230.24

Which states -

"10. Distribution statements shall remain in effect until changed or removed by the controlling DoD office. Removal of or tampering with control markings by unauthorized personnel is strictly prohibited."

https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/523024p.pdf

 

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Contractor313, in order to protect your company, you need to inform the contracting officer of this ASAP.  The notice should provide a full explanation of what happened.  Once you have placed the government on notice, any improper disclosure of the software may give you the right to sue the government.  The government has a history of improper use of software so you need to protect yourself.

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