Attachment JS - 3A - N00024-20-R-5500 Classified Terms of Use Agreement.pdf

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Attached to
FY21-25 AN/SPY-6 Radar Hardware Production and Sustainment
Solicitation number
N00024-20-R-5500
Issued by

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This document contains a classified government furnished information terms of use agreement and solicitation for the FY21-25 AN/SPY-6 Radar Hardware Production and Sustainment contract opportunity. Offerors must submit requests for the classified technical data package and government furnished information using the required forms within 20 calendar days of issuance of the solicitation. To obtain this information, offerors must also submit signed terms of use agreements for classified and unclassified information. The solicitation seeks proposals for the production and sustainment of AN/SPY-6 radar hardware from FY21 through FY25. The Naval Sea Systems Command is the contracting agency.

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DEPARTMENT OF THE NAVY

NAVAL SEA SYSTEMS COMMAND

1333 ISAAC HULL AVE SE

WASHINGTON NAVY YARD DC 20376-0001

IN REPLY REFER TO

Ser: 0255/047

24 Apr 2020

Subj: AN/SPY-6 RADAR CLASSIFIED GOVERNMENT FURNISHED

INFORMATION TERMS OF USE AGREEMENT (N00024-20-R-5500)

As part of Solicitation N00024-20-R-5500 and any subsequent amendments issued under the same notice, you may receive AN/SPY-

6 radar 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 AN/SPY-6 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 BETA.SAM.GOV Notice.

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 or other restricted information provided in connection with solicitation N00024-20-R-5500 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

Contracting Officer, Melissa Ramirez, at

Melissa.B.Ramirez@navy.mil.

Melissa Ramirez

Contracting Officer mailto:Melissa.B.Ramirez@navy.mil

AN/SPY-6 Radar Notice N00024-20-R-5500

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

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