Attachment A - Terms of Use.docx

N00024-20-R-6405

TERMS OF USE AGREEMENT

To respond to the Hammerhead solicitation N00024-20-R-6405, your company (which is hereinafter referred to as the “Recipient”) may receive access to performance specifications, interface control documents, technical data, computer software, Government Furnished Information (GFI), and other Technical Data (hereinafter referred to as “Data”) that shall only be used to generate questions, comments, proposals, and the resulting contract for the successful Offeror in regards to the above referenced solicitation.

In consideration for receiving such Data, the Recipient agrees to use the Data strictly in accordance with this Agreement; follow the specific Distribution Statements, markings, and guidance on each individual document; and the comply with the Solicitation DD Form 254 (when issued).

DISCLOSURES AND RESTRICTIONS

General: The Recipient may receive access to technical data whose export is restricted by the Arms Export Control Act (Title 22, U.S.C. Section 2751 et seq.) or Executive Order 12470. Violations of these export laws are subject to severe criminal penalties.

Public release: The Recipient may receive access to data which contains information EXEMPT FROM MANDATORY DISCLOSURE under the Freedom of Information Action. Additional guidance applies after the For Official Use Only (FOUO) controls have been removed. No publicity releases, World Wide Web sites, or public displays of any kind are authorized on this data 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 shall be processed through appropriate channels for publication approval.

Foreign Disclosure: The Recipient may not disclose any documents or data marked as NOFORN to foreign nationals (regardless of clearance, export licenses, or international agreement) or transmit said enclosures outside the geographical bound or custom territory of the United States of America.

Subcontractor Disclosure: The Prime Contractor is responsible for any subcontractor disclosure considerations and must ensure that it adheres to the rules of the subject agreement. The Prime may allow subcontractors to view documents under its control in accordance with the DoD 5220.22-M National Industrial Security Program Operating Manual (NISPOM).

Destruction Notice: For classified documents, follow the procedures in DoD 5220.00-M, National Industrial Security Program Operating Manual, Chapter 5, Section 7, or SECNAVINST 5510.36, Chapter 10. For controlled unclassified information (CUI) destroy by any method that will prevent disclosure of contents or reconstruction of the document.

For all other documents related to this solicitation, the Recipient shall destroy by any method that will prevent disclosure of contents or reconstruction of the documents. Upon destruction, the Contracting Officer must be notified by copy of the destruction report. This includes any Recipient decision to not submit a proposal.

Classified Documents: Classified documents shall be marked with the appropriate level of classification designations, such as (C), (S), and (S/NF). Personnel accessing classified information in the performance of this contract need only possess a security clearance at the level of classification necessary to accomplish the task. The highest level of classification for this contract is Secret.

Data Suitability: The Recipient agrees to accept this Data “as is” without any Government representation as to suitability for intended use or warranty whatsoever. This disclaimer does not affect any obligation the Government may have regarding Data specified in a contract for the performance of that contract.

Data Provided With Restricted Markings: Data provided to the Recipient may be subject to restrictions on use, modification, reproduction, release, performance, display, or further disclosure. The recipient shall follow the specific Distribution Statements, Markings, and guidance on each individual document. In consideration for receiving such Data, the Recipient agrees to use the Data strictly in accordance with in Defense Federal Acquisition Regulation Supplement (DFARS) Clause 252.227-7025.

USE OF DATA

The Recipient must comply with DoD 5220.22-M), National Industrial Security Program Operating Manual (NISPOM) and the Solicitation DD Form 254.

The Recipient must comply the protection requirements in Defense Federal Acquisition Regulation Supplement (DFARS) Clause 252.204-7012 “Safeguarding Covered Defense Information and Cyber Incident Reporting” and National Institute of Standards and Technologies (NIST) Special Publication 800-171, “Protecting Controlled Unclassified Information in Nonfederal Systems and Organizations”.

The Recipient may NOT:

Copy Log: In order to facilitate review, the Recipient is granted the authority to make copies of this data. The Recipient shall maintain a copy log of all produced copies, to whom and when the copies were distributed, and date of destruction. The Recipient shall furnish these records upon demand of the Contracting Officer or other authorized Government security officials. The Recipient shall provide a copy of the log, via email, to the Contracting Officer no later than 7 days after destruction of the above documents is completed as specified herein.

Destruction Log: The Recipient shall destroy the originals and all copies of documents no later than 30 days after contract award, unless the Recipient is awarded the contract. The Recipient shall notify the Contracting Officer via email of the destruction of all data. The Recipient shall maintain records of destruction available for inspection for a period of 5 years. The Recipient shall provide a copy of the destruction log, via email, to the Contracting Officer no later than 7 days after destruction of the above data is completed as specified herein.

RECIPIENT IDENTIFICATION

Provide the following information for the Recipient:

Business Name:

CAGE Code:

Level of Facility Clearance:

Level of Storage Capability:

SIPR Address (If available):

Classified Mailing Address:

Classified Mailing POC:

Security Manager:

Note: If cleared, all documents will be sent to the requesting company’s classified mailing address.

Provide the following information for the Cognizant Government Security Office:

Government Security Office Name:

Address:

Phone Number:

Provide the following contact information:

POC #1 Name:

Title:

Email Address:

Phone Number:

POC #2 Name:

Title:

Email Address:

Phone Number:

ACKNOWLEDGEMENT AND ACCEPTANCE

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

Print Name

Signature

Date

Telephone No.

Email Address

As the Authorized Representative of the above business, I hereby acknowledge and accept the terms of this agreement.

Print Name

Signature*

Date

Telephone No.

Email Address

* Authorized to sign on behalf of the company