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 CHAPTER 8
RELEASE OF DOCUMENTS AND INFORMATION
8.1
Freedom of Information Act (FOIA)
The Freedom of Information Act (FOIA), 5 USC 552, as amended, requires the
release of records held by government agencies or offices when requested in
writing by interested parties, unless such records are covered by one of the
"exemptions" listed in the law. The Federal Acquisition Regulation and
Secretary of the Navy Instruction 5720.42D provide Department of Defense and
Navy policy and guidance on handling requests for records and exemptions under
this Act. Of primary concern to NORTHDIV is the release of cost and pricing
data which contractors consider as privileged and essential to their
competitive position in their respective economic sectors. In all
negotiations, the A/E is advised that the FOIA applies to data provided during
negotiations (i.e., fee proposals). Therefore, in the event an A/E wishes his
cost and pricing data to be privileged and exempt from public release under
the referenced Act, the A/E shall advise NORTHDIV in writing and appropriately
mark each page containing such data. All requests from third parties for
records shall be referred to NORTHDIV, Code 0142, FOIA Coordinator.
8.2
Clearance
The A/E shall not release any information concerning a project to the public
without written authorization from the government. This includes A/E entry of
projects for awards programs sponsored wholly or in part by non-government
organizations (eg., American Society of Interior Designers (ASID) or American
Institute of Architects (AIA)). The A/E shall contact NORTHDIV's Public
Affairs Office, (215) 897 - 6198, for the proper procedure to follow in
securing a clearance and release in writing from the Contracting Officer.
8.3
Design Document Ownership
There are two Contract Clauses affecting design document control or ownership:
a) Generally, Navy policy is not to acquire exclusive control
(ownership) of contracted design documents. Accordingly, most A/E contracts
will contain the Contract Clause titled "Government Rights (Unlimited)" (DFARS
252.227-7022). Under this clause, the A/E retains ownership of the design
documents for his own use, but also grants the government unlimited rights
relative to these documents, including the right to use same on any other
government design or construction without additional compensation to the A/E.
b) In lieu of the Contract Clause titled "Government Rights
(Unlimited)", some A/E contracts may contain the Contract Clause titled
"Drawings And Other Data To Become The Property Of The Government" (DFARS
252.227-7023). Under this clause, the design documents become the sole
property of the government and may be used by the government on any other
design or construction without additional compensation to the A/E. In this
case, the A/E may not reuse the design. This clause would typically be
inserted only for (1) those projects involving unique architectural designs, a
monument, or construction of similar nature, which for artistic, aesthetic or
other special reasons (eg., security of classified information) the government
does not want duplicated or (2) for projects where the A/E is to furnish the
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