Attachment 2 -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 0255/117 15 December 2022

Subj: FY24-28 SPQ-9B DESIGN AGENT/ENGINEERING SERVICES

GOVERNMENT FURNISHED INFORMATION TERMS OF USE AGREEMENT

As part of Sources Sought Notice N00024-23-R-5508, you may receive AN/SPQ-9B technical data and other Government Furnished Information (GFI) upon Government verification of your DD Form 2345 and receipt of the executed Terms of Use Agreement herein. These documents shall only be used to generate questions, comments, and a statement of interest/capability in response to the above referenced notice.

The AN/SPQ-9B technical data and GFI will be provided via a Technical Data Library that will be available via Naval Systems Engineering Resource Center (NSERC). Please review Attachment 3 of this Sources Sought Notice, which provides the access instructions for NSERC.

The Technical Data Library artifacts and subsequent updates are controlled by the following:

Distribution Statement D: Distribution authorized to the Department of Defense (DoD) and U.S. DoD contractors only.

Further dissemination only as directed by PEO IWS 2.0 (Naval Sea Systems Command, 1333 Isaac Hull Ave, Washington Navy Yard, DC 20376) or higher DoD authority.

Destruction Notice: For Classified documents, follow the procedures in DoD 5220.00-M, National Industrial Security Program Operating Manual (NISPOM), Chapter 5, Section 7, or SECNAVINST 5510.36, Chapter 10. For Unclassified or Limited Dissemination Documents, destroy by any method that will prevent disclosure of contents or reconstruction of the document.

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.

Public Release: This document contains information EXEMPT FROM MANDATORY DISCLOSURE under the FOIA. Exemption 5 U.S.C. (B) (2) applies. Additional guidance applies after the FOUO controls have been removed; no publicity releases, World Wide Web sites, or public displays of any kind are authorized on this program without the prior expressed written consent of COMNAVSEASYSCOM (00D) or higher DoD authority. The fact that certain details of information are shown to be unclassified information does not automatically mean it is eligible for public release. All requests for public release will be processed through appropriate channels for publication approval.

In order to facilitate your review, you are granted authority to view and download copies of the documents provided as GFI for distribution internal to your company. All copies are property of the U.S. Government and must be controlled in accordance with NISPOM and the terms of your Company’s Defense Security Service (DSS). You may allow proposed subcontractors and/or team members to view documents under your control in accordance with

NISPOM.

You may NOT:

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

b. Disclose the above documents to anyone without proper clearance or not having a need-to-know resulting from being directly involved with Reference (a).

c. Disclose the above documents/data (if received) 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 GFI documents no later than 365 days after the Sources Sought Notice has closed, unless the Government issues a subsequent formal solicitation for AN/SPQ-69B Design Agent requirements and your company plans to submit a proposal. In the latter case, you shall destroy the originals and all copies of GFI documents no later than 30 days after contract award. 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 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.

You are required to acknowledge and accept the terms of this letter prior to receipt of the above documents or data. Such acknowledgement and acceptance must be made by the Facility Security Officer. Email completed forms to the Contracting Officer, Holly Danner, at holly.r.danner.civ@us.navy.mil and Contract Specialist, Brittany Burton, at brittany.m.burton4.civ@us.navy.mil.

FY24-28 SPQ-9B AN/SPQ-9B Design Agent/Engineering Services Sources Sought Notice N00024-23-R-5508

Business Name: ____________________________

Unique Entity ID: ____________________________

CAGE Code: ____________________________

Business Address: __________________________________________

Mailing Address: __________________________________________

First Endorsement:

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