Attachment 1A - N00024-22-R-5502 Classified Terms of Use Agreement.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: 0255/020 31 Jan 2022

(Company Name) (Company POC) (Mailing Address) (City, State, Zip Code)

Subj: Future X-Band Radar (FXR) CLASSIFIED GOVERNMENT FURNISHED

INFORMATION TERMS OF USE AGREEMENT (N00024-22-R-5502)

As part of Sources Sought Notice N00024-22-R-5502 and any subsequent solicitation issued under the same notice, you may receive Future X-Band Radar (FXR) technical data and other Government Furnished Information (GFI) upon Government verification of your facility security clearance and receipt of the executed Terms of Use Agreement herein.

The FXR GFI is controlled in accordance with the following:

Portions of the GFI are classified SECRET. Handling of this information shall follow the procedures in the DoD 5220.00-M, National Industrial Security Program Operating Manual (NISPOM).

All questions regarding “need to know” which cannot be resolved shall be forwarded to the Program Executive Office, Integrated Warfare Systems (PEO IWS 2.0), for resolution.

You may NOT:

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

b. Disclose any documents/data from the classified portions to anyone without proper clearance or a “need to know” resulting from being directly involved with this RFI.

You shall maintain records of disclosure of the classified GFI and shall furnish these records upon demand of the Contracting Officer or other authorized Government security officials.

You shall submit a letter to the Contracting Officer certifying to the destruction of the classified data as well as any and all copies, notes, or other materials produced using the classified

Subj: Future X-Band Radar (FXR) CLASSIFIED GOVERNMENT FURNISHED

INFORMATION TERMS OF USE AGREEMENT (N00024-22-R-5502)

or other restricted information provided in connection with this RFI N00024-22-R-5502 no later than January 2023, unless the Government issues a subsequent formal solicitation for FXR requirements and your company plans to submit a proposal. In the latter case, you shall provide the certification of destruction to the Contracting Officer no later than 30 days after contract award. You shall maintain records of destruction available for inspection for a period of five (5) years.

Foreign Disclosure: Foreign disclosure considerations will be handled on a case-by-case basis in accordance with DoD 5220.22-M NISPOM or SECNAVINST 5510.34 (Manual for the Disclosure of Department of the Navy Military Information to Foreign Governments and International Organizations). PEO IWS 2.0 must be notified of any foreign disclosure considerations. Prior to release of any classified portions of the GFI, authorization must be obtained in writing from PEO IWS 2.0.

Subcontractor Disclosure: PEO IWS 2.0 must be notified of any subcontractor disclosure considerations. Prior to release of any classified portions of the GFI, authorization must be obtained in writing from PEO IWS 2.0. Once authority has been granted, you may allow subcontractors to view documents under your control in accordance with DoD 5220.22-M NISPOM.

To facilitate review, NAVSEA, is granting authority for the undersigned company to print three (3) copies the classified portions of the GFI. These copies will be property of the Government and must be controlled in accordance with DoD 5220.22-

M NISPOM.

You are required to acknowledge and accept the terms of this letter. Such acknowledgement and acceptance must be made by the Facility Security Officer. E-mail completed forms to the Contract Specialist, Thomas Williams, at Thomas.D.Williams220.civ@us.navy.mil, and the Contracting Officer, Melissa Ramirez, at Melissa.B.Ramirez2.civ@us.navy.mil.

Melissa B. Ramirez

Contracting Officer

Subj: Future X-Band Radar (FXR) CLASSIFIED GOVERNMENT FURNISHED

INFORMATION TERMS OF USE AGREEMENT (N00024-22-R-5502)

FXR Notice N00024-22-R-5502

Business Name: ____________________________

DUNS Number: ____________________________

CAGE Code: ____________________________

Business Address: __________________________________________

Mailing Address: __________________________________________

In the event that you intend to share any classified portions of the GFI with a proposed subcontractor, you must submit the following information for the subcontractor:

Business Name: ____________________________

DUNS Number: ____________________________

CAGE Code: ____________________________

Business Address: __________________________________________

Mailing Address: __________________________________________

As the Facility Security Officer of the above business, I do hereby acknowledge and accept the terms of this agreement.

Print Name Signature Date

Telephone # Email Address