Attachment L-8 GFI Request and NDA Form FA-18.docx

ATTACHMENT L-8

Fielded Training Systems Support V (FTSS V) F/A-18 Contractor Operation and Maintenance (COMS) and Contractor Instructor Services (CIS) Government Furnished Information (GFI) Request and Non-Disclosure Agreement (NDA)

DISTRIBUTION STATEMENT: Distribution authorized to department of defense and U.S. DOD contractors only (Critical Technology) (23 Feb 2023). Other requests for this document shall be referred to the Procuring Contracting Officer for his contract at the Naval Air Warfare Center Training Systems Division (NAWCTSD) Orlando, Florida.

Controlled by: United States Navy Controlled by: FTSS Sustainment Department Distribution: D

POC: FTSS IPTL

Solicitation: N6134025R0038

1. This GFI request and NDA implements FTSS V contract provisions governing the limitations on disclosure of GFI provided by Naval Air Warfare Center Training Systems Division (NAWCTSD) to FTSS V contractors. For purposes of this GFI request and NDA, GFI means any and all data, documentation, technical libraries, Performance Work Statements or other documents listed in section J of the solicitation, and/or other information, in any format or media, made available by NAWCTSD, or other Government entities, to FTSS V contractors for purposes of FTSS V assessments, solicitations, and contract performance.

2. GFI available: GFI for the F/A-18 COMS/CIS solicitation

3. Method for disseminating GFI:

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4. Request(s) (with shipping information) for GFI shall be submitted using this form and be signed by an individual with authority to bind the company in such an agreement. Additionally, the request shall identify those personnel to be given access to the requested GFI (name, name of firm, position within the firm, country of citizenship, email address, and phone number) including each subcontractor and its personnel that will be given access to the GFI.

5. In the event that 1) the Government provides notice that the solicitation is cancelled or will not be issued; or, 2) the Government provides notice of a contract; or, 3) the Government provides any other notification that the Government requires the return of all GFI provided; or, 4) in the case of a successful Offeror, within 10 days of submitting the final material inspection and receiving report in accordance with 252.246-7000, all GFI provided, including copies that may have been produced to facilitate review within a firm or firms, shall be (a) returned to the Contracting Officer within 10 business days via First Class U.S. Postal Service mailing; OR (b) with the prior written agreement of the Contracting Officer, destroyed and certified as destroyed to the Contracting Officer; or (c) with the prior written agreement of the contracting officer, retained under the terms or this NDA for such period and terms as may be agreed. Within the same 10 day period, all copies (including copies in archival files and computer backup files) and written and electronic excerpts shall be returned and/or destroyed, and the destruction certified to the Contracting Officer.

6. Each individual covered under this NDA shall take all precautions necessary to prevent disclosure of GFI. In addition to physically and electronically securing, safeguarding, and restricting access to the GFI in one’s possession, these precautions include, but are not limited to, sending and receiving GFI using physical and electronic methods that are within the control of the individuals authorized by this NDA or that otherwise restrict access to GFI to individuals authorized by this NDA. GFI may be sent using electronic mail unless prohibited by further restrictions on the GFI.

7. Nothing in this NDA shall relieve the contractor from complying with the disclosure limitations established within the International Traffic in Arms Regulations (ITAR), Export Administration Regulations (EAR), DOD regulations, and limited distribution statements on sensitive documents. All Contractors shall ensure they have completed the DD Form 2345, submitted through the Joint Certification Program at https://public.logisticsinformationservice.dla.mil/jcp/search.aspx and become certified before receiving the any export control marked GFI. Only the employees associated with the company’s cage code at https://public.logisticsinformationservice.dla.mil/jcp/search.aspx will be able to receive export control marked GFI.

8. The FTSS V Prime Contractor shall flow-down to each subcontractor the contents of this NDA. Subcontractors shall obtain permission from the prime contractor for further disclosure beyond the subcontractor.

To be completed by FTSS V Contractor:

(1) (Requesting organization name)) requests one copy of the Government Furnished Information (GFI) package available for the solicitation identified above. Notwithstanding the requirements of the basic FTSS V contract, to include, but not limited to 252.204-7000, 252.204-7008, and 252.227-7025, by submitting this request, (requesting organization name)) acknowledges that it understands that this GFI is provided for responding to FTSS V assessments, solicitations, and contract performance and that any further disclosure is governed by the restrictions of the GFI. (Requesting organization name) further understands that this GFI shall not be reproduced in any way, except as is incidental to its incorporation into a submission to NAWCTSD, nor shall the GFI be transferred to any other person or company not covered by this NDA without the express written consent of the cognizant Contracting Officer via Email request to the cognizant Contract Specialist.

(2) (Requesting organization name)) acknowledges the requirements of and will comply with paragraphs 5, 6 and 7 on page 1.

(3) Personnel to be granted access to electronically provided GFI (including subcontractor(s) and its personnel) are authorized to receive the GFI by the Point of Contact on the Joint Certification website. https://public.logisticsinformationservice.dla.mil/jcp/search.aspx

(4) Shipping address for non-export control marked GFI: N/A

(5) Shipping address for export control marked GFI (address listed below to receive export control marked GFI is the same address associated with the company’s cage code at https://public.logisticsinformationservice.dla.mil/jcp/search.aspx): N/A

(6) NDA Concurrence:

Name

Title

Signature

Date

________N/A____________ ________________________ Joint Certification Number Expiration Date

To be completed by the Government:

|_| Request (with shipping information) submitted signed by an individual with authority to bind the company in such an agreement

|_| Company must not appear on the Federal Debarment list as of the date of the request

|_| Company must be registered in the System for Award Management (SAM)

|_| Other requirements (e.g., ITAR registration compliance)

|_| GFI is properly marked with appropriate/correct distribution and control markings

Contracting Officer Concurrence:

Name

Title

Signature

Date

Tracking:

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