Department of the Army *tradoc reg 5-11 Headquarters, United States Army Training and Doctrine Command
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M&S Release6-1. Concept. This chapter describes requirements for the release of TRADOC M&S. All M&S release requests must be initiated by a government organization, either foreign or domestic. The M&S recipients’ category determines the procedure for release of M&S. The three categories of M&S recipients are (1) other U.S. Government organizations, (2) U.S. contractors and FFRDCs, and (3) foreign governments and international organizations. The TRADOC M&S proponents (e.g., Commanders of Installations and Centers, Dir, TRAC, and Dir, NSC) are the release authorities for domestic requests of M&S within the U.S. DUSA(OR) is the release authority of M&S to foreign governments and international organizations. Figure 6-1 provides the release authority for M&S. TRADOC M&S proponents will comply with the guidelines provided in AR 5-11 for M&S release. 6-2. Release to U.S. Government Agencies. a. Requests to release Army M&S to other U.S. Government agencies including inter- and intra-service are made directly to the TRADOC M&S proponent organization. b. After approval has been granted the TRADOC M&S proponent will prepare a Memorandum of Agreement (MOA) for M&S release. (See Appendix H). As a minimum, the MOA will state that the receiving agency will-- (1) Not release the M&S to a third party without written approval from the release authority. (2) Use the M&S only for the purpose(s) stated in the MOA. (3) Abide by all configuration control procedures established by the M&S proponent. (4) Provide copies to the M&S proponent of any modifications or enhancements. (5) Return the M&S upon completion of the work (or state in writing that they erased all code and data from their computers and electronic storage media). 6-3. Release to U.S. Contractors and FFRDCs. a. The government agency sponsoring the work of the U.S. contractors or FFRDCs must request release of the M&S directly from the TRADOC M&S proponent organization. The release is subject to the advice and consent of the responsible contracting officer. b. The M&S release request will state the government’s specific requirement for the contractor or FFRDC to have access to the M&S, and an assessment or impact of not releasing the M&S. The M&S proponent is responsible for determining the validity of the request and for ensuring the execution of the documents in paragraph c below. The negotiation of any reimbursement of costs or fees associated with the release of the M&S must be accomplished prior to approval for release of the M&S. c. The release of a TRADOC M&S to another government agency for release to a contractor requires the execution of the documents in paragraphs (1) and (2) below. The release of a TRADOC M&S to a contractor in direct support to the TRADOC M&S proponent requires execution of the document in paragraph (2) below. (1) The TRADOC M&S proponent will prepare a MOA (see Appendix I) between the TRADOC M&S proponent and the government agency requiring contractor-furnished modeling support. The MOA states the conditions for the release, use, and return of the M&S to the M&S proponent. It also states which government agency is responsible for costs associated with furnishing the M&S. The MOA also requires the government agency to include the release, use, and return provisions in a contractual document with its contractor. The TRADOC M&S proponent and the management authority at the government agency requiring contractor support will sign the MOA. The TRADOC M&S proponent will provide a courtesy copy to DCSSA. (2) After execution of the MOA described above, the receiving government agency will execute a contract modification, task order, or other document that is legally binding upon the contractor. The appropriate contractual document will include the conditions for the contractor’s use and return of the M&S. The government contracting officer providing support to the government agency and the appropriate contractor’s management authority will sign the contract document. Levels of Release Authority for M&S Type of Release ReleaseRelease Authority Consideration Intraservice MACOM CDRs & Agency May be delegated Heads (GO/SESs) lower level Interservice MACOM CDRs & Agency May be delegated Heads (GO/SESs) one level lower Intergovernment MACOM CDRs & Agency Not subject to Heads (GO/SESs) redelegation Commercial MACOM CDRs & Agency Not subject to redelegation Heads (GO/SESs) Must include contract consideration International DUSA(OR) Will not be redelegated For TRADOC, MACOM CDRs or Agency Heads includde Installation and Center CDRs, Dir TRAC and Dir NSC. Figure 6-1. Levels of Release Authority for M&S 6-4. Release to Foreign Government Agencies. a. The DUSA(OR), HQDA is the approval authority for release of Army M&S to foreign governments per AR 5-11. Recipients must agree not to release the M&S to a third party. TRADOC organizations will not release M&S directly to foreign governments or international organizations. Foreign governments or international organizations sponsoring the work of the foreign contractors will initiate the request for release to foreign contractors. b. Release of Army M&S to foreign governments and international organizations can be accomplished through one of the following: (1) Foreign Military Sales (FMS). (a) A foreign government or international organization interested in purchasing Army M&S through FMS must submit a request for a Price and Availability (P&A) data for preliminary planning or a Letter of Offer and Acceptance (LOA) to the U.S. Army Security Assistance Command (USASAC). (b) IAW AR 5-11, USASAC will go directly to the TRADOC M&S proponent to obtain a recommendation concerning the release of the M&S to a foreign government or international organization. The recommendation as a minimum will identify other countries or international organizations to which this information has previously been released, include a system description of the M&S and Sensitivity of Technology Statement. (c) If approved by the DUSA(OR), the USASAC POC will initiate action for the development of the P&A data or LOA to be provided to the foreign government. (2) Other than FMS utilizing Cooperative R&D International Agreements (IAs) or Data Exchange Agreements/ Information Exchange Agreements ((DEAs/IEAs). DEAs/IEAs are appropriate for releasing M&S to foreign governments with which the United States has an existing agreement. DEAs/IEAs allow for exchange of scientific and technical information. (See Appendix J). (a) The foreign government will make the request directly to the DUSA(OR), HQDA for release of the M&S through a specific DEA. TRADOC M&S proponents will refer all requests for release of M&S by a foreign government or international organization to the DUSA(OR), HQDA. Upon receipt by the DUSA(OR) the request will be forwarded to the AMSO for action. AMSO will designate a release sponsor for the purpose of coordinating concurrence with the TRADOC organizations which have proponency for and/or are the originator of the requested M&S. Any fees associated with the M&S release will be negotiated by the release sponsor and the foreign government, with participation by AMSO, as representative of the DUSA(OR). (b) If the request is approved by the DUSA(OR), then a memorandum will be issued with a copy of the original request to the TRADOC M&S proponent, the manager of the DEA program and HQ AMC, Office for International Cooperative Programs Activity. (c) The TRADOC M&S proponent will develop an “administrative agreement” to convey M&S configuration control conditions for the transfer of the M&S under DEA/IEA. The M&S proponent will forward a copy of the approved administrative agreement to the head of the foreign government. Directory: tpubs -> regs regs -> The tradoc doctrine publication program regs -> 05 March 2010 Historical Activities United States Army Training and Doctrine Command Military History Program regs -> Enlisted initial entry training policies and administration regs -> 28 May 2015 Administration U. S. Army Training and Doctrine Command regs -> Recruitment and selection of historians and museum division chiefs, museum directors, and supervisory curators Download 323.46 Kb. Share with your friends:
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