FFG RFI_General RFI_Attachment 1 - Terms-of-Use.pdf

FFG 62 Constellation Class Frigate Program, Second Source Capability Assessment Sources Sought / Request for Information

TERMS OF USE AGREEMENT

To respond to the Frigate Program Office (PMS 515) Sources Sought / Request for Information (RFI) for Second Source Capability Assessment and any potential solicitation which may arise from the RFI, 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, if any, in regards to the above referenced request.

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 any DD Form 254 (if or 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. 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. Distribution to foreign subcontractors shall be in accordance with this Agreement, adhere to the U.S. Prime’s security agreements, and comply with all regulations and laws, including International Traffic and Arms Regulations (ITAR) export license requirements.

Subcontractor Disclosure: The Recipient is responsible for any prospective subcontractor disclosure considerations and must ensure that it adheres to the rules of the subject agreement. The Recipient may allow subcontractors to view documents under its control in accordance with 32 C.F.R. Part 117, the National Industrial Security Program Operating Manual (NISPOM).

Destruction Notice: For classified documents, follow the procedures in 32 C.F.R. § 117.15, Safeguarding Classified Information. For controlled unclassified information (CUI), destroy by any method that will prevent disclosure of contents or reconstruction of the document.

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 preparation of a response to this source sought/RFI notice need only possess a security clearance at the level of classification necessary to accomplish the task. The highest level of classification for this Data 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 Defense Federal Acquisition Regulation Supplement (DFARS) Clause 252.227-7025.

USE OF DATA

The Recipient must comply with 32 C.F.R. Part 117, National Industrial Security Program Operating Manual (NISPOM) and the Solicitation DD Form 254.

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

The Recipient may NOT:

a. Duplicate, transmit, or post the above documents/Data in a manner contrary to the guidance provided herein or the restrictive markings contained on and within the specific documents.

b. Disclose the Data to anyone without proper clearance.

c. Disclose the Data 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.

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 Sources Sought POCs or other authorized Government security officials. The Recipient shall provide a copy of the log, via email, to the Sources Sought POCs 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 receipt of written notification from the Sources Sought POC. The Recipient shall notify the Sources Sought POCs via email of the destruction of all data. The Recipient shall maintain records of destruction available for inspection for a period of five (5) years. The Recipient shall provide a copy of the destruction log, via email, to the Sources Sought POCs no later than thirty (30) 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:

Classified Mailing Address:

SPIR e-mail (if available)

Classified Mailing point-of-contract (POC):

Security Manager:

Cognizant Government Security Office (Name, Address, phone number):

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

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