NGI_DRFP_and_Offeror's_Library_Access_Form.pdf

Approved for Public Release 19-MDA-10189 (23 August 19)

Next Generation Interceptor (NGI) Bidders Library and DRFP Access Agreement Form

The NGI DRFP solicitation is located on the FedBizOpps site with controlled access. This solicitation requires Government Furnished Information and the NGI Bidders Library contains unclassified and classified “as-is” data/information to support industry proposal preparations. The Bidders Library has a collection of For Official Use Only/Controlled Unclassified Information/Classified Export Control documents pertinent to this acquisition and will only be accessible/downloadable via Compact Disc (CD). The Missile Defense Agency (MDA) will provide access upon approval.

Steps required to gain access:

1. Each company will provide a maximum of two (2) personnel for access to the NGI RFP and Bidders Library.

2. Complete, print and sign/e-sign the application and agreement form.

3. Email the signed application and agreement in PDF format to MDA_NGI@mda.mil address.

4. A confirmation receipt will be sent, which indicates that the application is under review.

5. Within 3 business days, MDA will send an encrypted e-mail approving the application or, if required, disapproving the application due to a lack of a capability to safeguard the information.

Section 1 – To be Completed by Industry Company Name: Date:

Company’s Facility Security Officer (FSO) Name:

FSO Phone Number:

E-mail Address:

Facility Clearance Level: Company Cage Code:

Company’s Physical Mailing Address:

DSS Representative Name: DSS Rep Phone Number:

E-mail Address:

Company’s Lead/Point of Contact Name:

Phone Number:

E-mail Address:

Lead’s Signature: Date:

Company’s Primary Library Custodian Name:

Personal Clearance:

Phone Number:

E-mail Address:

Primary Library Custodian Signature:

Date:

Company’s Alternate Library Custodian Name:

Personal Clearance:

Phone Number:

E-mail Address:

Alternate Library Custodian Signature:

Date:

Approved for Public Release

19‐MDA‐10189 (23 August 19)

“In submitting this request, I, on behalf of my company, agree to the following document handling procedures: Only US persons with need to know (my team) can handle the Missile Defense Agency (MDA) Ballistic Missile Defense System (BMDS) Classified document(s) contained in the NGI Bidders Library and RFP documents, per the definitions below. Offerors shall comply with the DFARS clause 252.204-7012 for protection of BMDS FOUO/CUI on a Contractor’s unclassified information systems.

No later than 5 days after (solicitation) contract award, all MDA (solicitation) documentation, no matter what the form (hardcopy, electronic, CD/DVD, etc.), shall be destroyed. I further agree, on behalf of my company, to hold the MDA harmless from any liability or damage which may result from the failure of my company or its employees to abide by the terms and conditions of this NGI Bidders Library and RFP Access Agreement.”

THIS AGREEMENT CONCERNS A MATTER WITHIN THE JURISDICTION OF AN AGENCY OF THE UNITED STATES AND THE MAKING OF A FALSE, FICTITIOUS, OR FRAUDULENT CERTIFICATION MAY RENDER THE MAKER SUBJECT TO PROSECUTION UNDER TITLE 18, UNITED STATES CODE, SECTION 1001. OTHER

SANCTIONS RELATED TO CONDUCT MAY ALSO APPLY.

The following is an extract of information from MDA procedures:

“Definitions

a. Automated Information System (AIS). An assembly of computer hardware, software, and firmware configured to automate functions of calculating, computing, sequencing, storing, retrieving, displaying, communicating, or otherwise manipulating data, information, or textual material.

b. Controlled Unclassified Information (CUI). Unclassified information which requires access and distribution limitations prior to appropriate coordination and an official determination by cognizant authority approving clearance of the information for release to one or more foreign governments or international organizations, or for official public release. Per DoD Manual 5200.01, Volume 4 it includes the following types of information: “For Official Use Only” (FOUO); “Sensitive But Unclassified” (State Department information); “DEA Sensitive Information” (Drug Enforcement Agency information); “DoD Unclassified Controlled Nuclear Information”; Sensitive Information” as defined in the Computer Security Act of 1987; and information contained in technical documents (i.e. Technical Data) as discussed in DoD 5230.24, 5230.25, International Traffic in Arms Regulations (ITAR), and the Export Administration Regulations (EAR).

c. Dual Citizenship. A dual citizen is a citizen of two nations. For the purposes of this document, an individual must have taken action to obtain or retain dual citizenship. Citizenship gained as a result of birth to non-U.S. parents or by birth in a foreign country to U.S. parents thus entitling the individual to become a citizen of another nation does not meet the criteria of this document unless the individual has taken action to claim and to retain such citizenship.

d. For Official Use Only (FOUO). FOUO is a dissemination control applied by the DoD to unclassified information that may be withheld from public disclosure under one or more of the nine exemptions of the Freedom of Information Act (FOIA) (See DoD 5400.7-R). FOUO is not a form of classification to protect U.S. national security interests.

e. National of the United States. Title 8, U.S.C. Section 1101(a)(22), defines a National of the U.S. as: (1) A citizen of the United States, or, (2) A person who, but not a citizen of the U.S., owes permanent allegiance to the U.S. Note: 8 USC Section 1401, paragraphs (a) through (g), lists categories of persons born in and outside the U.S. or its possessions that may qualify as Nationals and Citizens of the U.S. This subsection should be consulted when doubt exists as to whether or not a person can qualify as a National of the U.S.

f. U. S. Person. Any form of business enterprise or entity organized, chartered, or incorporated under the laws of the United States or its possessions and trust territories and any person who is a citizen or national (see National of the United States) of the United States, or permanent resident of the United States under the Immigration and Nationality Act.”

Section 2 – FOR GOVERNMENT COMPLETION Section 2a. Contracts Verification of Corporate Cage Code and Other Provided Data

PCO or Contract Specialist Name and Signature:

Date:

Section 2b. Security/Verification GMD Acquisition Lead Name and Signature:

Government’s Approval/Non Approval of Access:

Date Notified Company: