Attachment 1B - N00024-23-R-5502 Unclassified 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: 0255/032 6 Apr 2023

Subj: Future X-Band Radar (FXR) UNCLASSIFIED GOVERNMENT

FURNISHED INFORMATION TERMS OF USE AGREEMENT (N00024-23-R-

5502)

As part of Notice N00024-23-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 receipt and verification of your DD Form 2345 Military Critical Technical Data Agreement and receipt of the executed Terms of Use Agreement herein. These documents shall only be used in connection with the above referenced notice.

The FXR GFI is controlled in accordance with the following:

DISTRIBUTION STATEMENT D: Distribution authorized to Department of Defense (DoD) and U.S. DoD contractors only (Critical Technology). Other requests shall be referred to the Program Executive Office, Integrated Warfare Systems (PEO IWS 2.0), Washington Navy Yard, 1333 Isaac Hull Ave SE, Washington, DC 20376.

WARNING: This document contains technical data whose export is restricted by the Arms Export Control Act (Title 22, U.S.C. Sec. 2751 et seq.) or the Export Administration Act of 1979 (Title 50, U.S.C., App 2401, et seq.), as amended.

Violations of these export laws are subject to severe criminal penalties. Disseminate in accordance with provisions of DoD Directive 5230.25.

DESTRUCTION NOTICE: For Unclassified or Limited Dissemination Documents destroy by any method that will prevent disclosure of contents or reconstruction of the document.

In order to facilitate your review, you are granted authority to make copies for distribution internal to your company. All copies are property of the U.S. Government and must be controlled in accordance with 32 C.F.R. 117, National Industrial Security Program Operating Manual (NISPOM) and the terms of your Company’s Defense Security Service (DSS) approved document handling procedures.

You may NOT:

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

b. Disclose the above documents to anyone without proper clearance.

c. 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 Contracting Officer or other authorized Government security officials.

You shall destroy the originals and all copies of Government Furnished Information (GFI) documents no later than May 2024, unless the Government issues a subsequent formal solicitation for FXR requirements and your company plans to submit a proposal, or an extension is granted in writing by the Contracting Officer. If your company plans to submit a proposal, you shall provide the certification of destruction to the Contracting Officer no later than 30 days after contract award, or if you were granted an extension then you shall provide the certification of destruction to the Contracting Officer no later than 30 days after the extension date. 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 the Contracting Officer, Holly Danner, at Holly.R.Danner.civ@us.navy.mil, no later than seven (7) days after destruction of the above documents is completed, as specified above.

mailto:Holly.R.Danner.civ@us.navy.mil

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, Holly Danner, at Holly.R.Danner.civ@us.navy.mil.

Holly R. Danner Contracting Officer mailto:Thomas.D.Williams220.civ@us.navy.mil mailto:Holly.R.Danner.civ@us.navy.mil

FXR Notice N00024-23-R-5502

Business Name: ____________________________

DUNS Number: ____________________________

CAGE Code: ____________________________

Business Address: __________________________________________

Mailing Address: __________________________________________

In the event that you intend to share any 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