Attachment - Terms of Use - N00024-26-R-6215.pdf

N00024-26-R-6215

TERMS OF USE AGREEMENT

This Terms of Use Agreement (TOUA) governs the use of Government Furnished Information (GFI) provided, including performance/functional specifications and other Technical Data (The Type 20/Type 24 Test Requirements Matrix and the Classified Annex (SECRET), for the purpose of responding to the NAVSEA PEO UWS PMS435 Sources Sought Notice N00024-26-R-6215. As a prerequisite to receiving the GFI, your company must acknowledge and accept the terms described herein.

This acknowledgement and acceptance must be made by a company representative and company Facility Security Officer (FSO) with the authority to bind your company to such terms.

The GFI will contain UNCLASSIFIED documents that have been designated Controlled Unclassified Information (CUI) as well as CLASSIFIED documents up to the Secret level, all of which are subject to applicable laws and regulations regarding export-controlled items including the Arms Export Control Act and International Traffic in Arms Regulation (ITAR) (see DFARS 252.225-7048, Export-Controlled Items). Your company must comply with DoD 5220.22-M, National Industrial Security Program Operating Manual (NISPOM) and meet the SECRET Security Clearance. This TOUA is between the Government and your firm only. Duplication, transmittal or posting of any portion of the GFI in a manner contrary to the guidance provided herein is strictly prohibited. Copies will remain the property of the Government and must be controlled in accordance with NISPOM, and the terms of your firm’s Defense Counterintelligence and Security Agency (DCSA) approved document handling procedures.

Under this TOUA, you are authorized to make copies of the provided GFI. You shall not disclose the contents of the GFI to anyone other than direct employees of your firm who possess both the appropriate security clearance and a valid needto-know resulting from a direct involvement with your firm’s efforts relating to Sources Sought Notice N00024-26-R-6215. Furthermore, you are prohibited from disclosing the contents of the GFI to foreign nationals (regardless of clearance, export licenses, or international agreement) and prohibited from transmitting the GFI or any portion thereof outside the geographical boundaries of the United States of America. All GFI provided under this TOUA require NAVSEA’s approval for further dissemination. Unauthorized disclosure of any content within the bidder’s library is subject to criminal penalties against both companies and individuals. Each firm requesting access to the GFI requires submission of a separate request and approved TOUA from the Government.

Your firm shall maintain a copy and destruction log of all copies and disclosures of the GFI containing information as to whom and when copies were made and distributed and the date of destruction, and shall furnish these records and logs upon demand of the NAVSEA Contracting Officer or other authorized Government security or law enforcement officials. You shall destroy the originals and all copies of GFI no later than 30 days after the sources sought posting submission date. You shall notify the Contracting Officer via email of the destruction of all provided GFI. You shall destroy the original and any copies using a method approved by the Government for the destruction of controlled material. You shall provide confirmation of the destruction to the Government and maintain a record of the destruction for a period of one year 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. You shall provide a copy of the log, via email, to the Contracting Officer no later than 7 days after destruction of the GFI is completed as specified herein. If the Government determines that the collection of all logs and records of disclosures does not adequately protect its interests, the firm’s access to the GFI will be terminated by the Government.

To document your firm’s acknowledgement and agreement, an authorized corporate representative shall sign below. Please return a signed copy of this letter via email to john.n.butto.civ@us.navy.mil and thomas.j.adams84.civ@us.navy.mil. The Government will verify your firm’s credentials and, if approved, provide instructions for accessing the GFI. If you do not agree with these terms, please provide email notification of your rejection of the terms to the aforementioned point of contacts. The Government will grant access to the GFI only to those firms that have obtained Government-approval of the TOUA.

RECIPIENT IDENTIFICATION

Provide the following information for the Recipient:

Business Name:

DUNS Number:

CAGE Code:

Business Address:

Mailing Address:

Level of Facility Clearance:

Level of Storage Capability:

Classified Mailing Address:

Classified Mailing POC:

Security Manager:

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

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 mailto:john.n.butto.civ@us.navy.mil mailto:thomas.j.adams84.civ@us.navy.mil