[Code of Federal Regulations]

[Title 14, Volume 5]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR1203.405]



[Page 18]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

                          SPACE ADMINISTRATION

 

PART 1203_INFORMATION SECURITY PROGRAM--Table of Contents

 

              Subpart D_Guides for Original Classification

 

Sec. 1203.405  Proprietary information.



    Proprietary information made available to NASA is subject to 

examination for classification purposes under the criteria set forth in 

this subpart D. Where the information is in the form of a proposal and 

accepted by NASA for support, it should be categorized in accordance 

with the criteria of Sec. 1203.400. If NASA does not support the 

proposal but believes that security classification would be appropriate 

under the criteria of Sec. 1203.400 if it were under Government 

jurisdiction, the contractor should be advised of the reasons why 

safeguarding would be appropriate, unless security considerations 

preclude release of the explanation to the contractor. NASA should 

identify the Government department, agency or activity whose national 

security interests might be involved and the contractor should be 

instructed to protect the proposal as though classified pending further 

advisory classification opinion by the Government activity whose 

interests are involved. If such a Government activity cannot be 

identified, the contractor should be advised that the proposal is not 

under NASA jurisdiction for classification purposes, and that the 

information should be sent, under proper safeguards, to the Director, 

Information Security Oversight Office, General Services Administration, 

Washington, DC 20405, for a determination.