AEGIS - WDRC-ACSSE-EEFC - TOUA.pdf

DEPARTMENT OF THE NAVY

NAVAL SEA SYSTEMS COMMAND

1333 ISAAC HULL AVE SE

WASHINGTON NAVY YARD DC 20376-0001

IN REPLY REFER TO

Ser: 0253/019

6 NOV 2024

Subj: TERMS OF USE AGREEMENT (TOUA) FOR CONTROLLED UNCLASSIFIED

DATA RELATED TO AN/SPY RADAR WARHEAD DATA RECEIVER CABINETS

(WDRC), AEGIS COMBAT SYSTEM SUPPORT EQUIPMENT (ACSSE), AND

ELECTRONIC EQUIPMENT FLUID COOLERS (EEFC)

This letter governs the use of the Government Furnished Information to be provided in this Request for Information and any resulting solicitation. Your company (“Recipient”) must acknowledge and accept the terms described herein as a prerequisite to receiving access to this information. This acknowledgement and acceptance must be made by a company representative with the authority to obligate your company to such terms.

The Recipient acknowledges that it will adhere to DFARS 252.204- 7012, “Safeguarding Covered Defense Information and Cyber Incident Reporting” and C-204-H002, Implementation of Enhanced Security Controls on Select Defense Industrial Base Partner Networks (NAVSEA).

NAVSEA will provide the GFI upon receipt of an executed (TOUA) and verification of an active DD Form 2345, Militarily Critical Technical Data Agreement. Information on the DD Form 2345 can be found here https://www.dla.mil/Logistics- Operations/Services/JCP/. Interested parties are required to provide a copy of their active DD Form 2345 with their executed TOUA. Subsequent to receipt and review of these items, NAVSEA will coordinate transmission of these documents within 30 days.

Interested parties may request up to four (4) individuals to receive the GFI information from DoDSAFE. The DoDSAFE link is valid for one-time use only. In the event that the link expires prior to document access, the recipient shall notify the NAVSEA Points of Contacts (POC) identified below to request a new link.

In order to facilitate your review, you are granted authority to make copies for distribution internal to your company. You shall not distribute this material outside of the company without express written permission from the NAVSEA POCs identified in this letter. Potential teaming partners and/or subcontractors may receive the data either by submitting an executed TOUA and active copy of the DD 2345 directly to the POCs listed below or

Subj: TOUA FOR CONTROLLED UNCLASSIFIED DATA RELATED TO WDRC, ACSSE, and EEFC any potential prime contractor may submit their teaming partners and/or subcontractors executed TOUA and evidence of an active DD 2345 directly via email to the NAVSEA POCs.

You may NOT:

1. Duplicate, transmit, or post the above documents/data in a manner contrary to the guidance provided herein.

2. Disclose the above documents to anyone without a need to know.

3. Disclose the above documents to foreign nationals or transmit said enclosures outside the geographical bound or custom territory of the United States of America unless a valid Technical Assistance Agreement (TAA)/Export License is in place.

You shall maintain a log of all produced copies, to whom and when the copies were distributed, and date of destruction. You shall furnish these records upon demand of the NAVSEA POCs identified in the SAM.gov posting or other authorized Government security officials.

Within 30 days following the conclusion of your firm’s efforts relating to this requirement, you shall destroy any and all electronic and printed material in any format. You shall notify the Contracting Officer listed below via email of the destruction of all GFI documents. You shall maintain records of destruction available for inspection for a period of five (5) years.

You shall provide a copy of the log, via email, to Michael Peduto, michael.p.peduto2.civ@us.navy.mil, no later than seven

(7) days after destruction of the above documents is completed, as specified above.

Michael Peduto

Michael Peduto Contracting Officer, SEA 0253

Subj: TOUA FOR CONTROLLED UNCLASSIFIED DATA RELATED TO WDRC, ACSSE, and EEFC

As an authorized representative of my company, in exchange for access to the GFI related to WDRC, ACSSE, and EEFC, I do hereby accept the terms of use governing the use of information as described in this letter.

AUTHORIZED COMPANY REPRESENTATIVE

Company and CAGE/Unique Entity Identifier

Signature Date

Name (Print) Title

Additionally, the following individuals shall be provided the DoDSAFE link:

Name Title Email