Attachment_2_-_SPQ-9B_TDP_Terms_of_Use_Agreement_(17-R-5395).pdf

DEPARTMENT OF THE NAVY

NAVAL SEA SYSTEMS COMMAND

1333 ISAAC HULL AVE SE

WASHINGTON NAVY YARD DC 20376-0001

IN REPLY REFER TO

Ser: 0253/525 29 March 2017

Subj: AN/SPQ-9B TECHNICAL DATA PACKAGE (TDP) AND OTHER

GOVERNMENT FURNISHED INFORMATION TERMS OF USE AGREEMENT

As part of Sources Sought Notice N00024-17-R-5395, you may receive the AN/SPQ-9B Technical Data Package (TDP) and other Government Furnished Information (GFI) upon Government verification of your DD Form 2345 and receipt of the executed Terms of Use Agreement herein. These documents shall only be used to generate questions, comments, and a statement of interest/capability in response to the above referenced notice.

The AN/SPQ-9B TDP is controlled in accordance with the following:

DISTRIBUTION STATEMENT D: Distribution authorized to Department of Defense (DoD) and U.S. DoD contractors only (Critical Technology)(29 March 2017). Other requests shall be referred to the Program Executive Office, Integrated Warfare Systems (IWS 2.0), Washington Navy Yard, 1333 Isaac Hull Ave SE, Washington, DC 20376.

WARNING: This document contains technical data whose export is restricted by the Arms Export Control Act (Title 22, U.S.C. Sec. 2751 et seq.) or the Export Administration Act of 1979 (Title 50, U.S.C., App 2401, et seq.), as amended.

Violations of these export laws are subject to severe criminal penalties. Disseminate in accordance with provisions of DoD Directive 5230.25.

DESTRUCTION NOTICE: For Unclassified or Limited Dissemination Documents destroy by any method that will prevent disclosure of contents or reconstruction of the document.

To facilitate response to the AN/SPQ-9B Sources Sought Notice, NAVSEA 02 and PEO IWS 2.0 are providing the above referenced company with one (1) copy of the AN/SPQ-9B TDP.

In order to facilitate your review, you are granted authority to make copies for distribution internal to your company. All copies are property of the U.S. Government and must be controlled in accordance with DoD 5220.22-M, National Industrial Security Program Operating Manual (NISPOM) and the terms of your Company’s Defense Security Service (DSS) approved document handling procedures.

You may NOT:

a. Duplicate, transmit, or post the above documents/data in a manner contrary to the guidance provided herein.

b. Disclose the above documents to anyone without proper clearance.

c. Disclose the above documents to foreign nationals or transmit said enclosures outside the geographical bound or custom territory of the United States of America unless a valid Technical Assistance Agreement (TAA)/Export License is in place.

You shall maintain a log of all produced copies, to whom and when the copies were distributed, and date of destruction. You shall furnish these records upon demand of the Contracting Officer or other authorized Government security officials.

You shall destroy the originals and all copies of Government Furnished Information (GFI) documents no later than 365 days after the Sources Sought Notice has closed, unless the Government issues a subsequent formal solicitation for SEASABER requirements and your company plans to submit a proposal. In the latter case, you shall destroy the originals and all copies of GFI documents no later than 30 days after contract award. You shall notify the Contracting Officer listed below via email of the destruction of all GFI documents. You shall maintain records of destruction available for inspection for a period of five (5) years.

You shall provide a copy of the log, via email, to the Contracting Officer, Kate Robb, at kate.robb@navy.mil, no later than seven (7) days after destruction of the above documents is completed, as specified above.

You are required to acknowledge and accept the terms of this letter. Such acknowledgement and acceptance must be made by the Facility Security Officer. Mail completed forms to the Contract Specialist, Eliott Lee, at eliott.lee@navy.mil.

Kate A. Robb Contracting Officer

Copy to:

PEO IWS 2.0

AN/SPQ-9B Notice N00024-17-R-5395

Business Name: ____________________________

DUNS Number: ____________________________

CAGE Code: ____________________________

Business Address: __________________________________________

Mailing Address: __________________________________________

First Endorsement:

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