Attachment_1_-_Terms_of_Use_Agreement.docx

TERMS OF USE AGREEMENT

ATTACHMENT 1

The Navy Over-the-Horizon Weapon System (OTH-WS) Top Level Requirements Document (TLRD) is Government Furnished Information (GFI) under the Naval Sea Systems Command draft Request for Proposal N00024-17-R-5430 special notice. The TLRD for the OTH-WS is controlled in accordance with the following:

· The TLRD is classified ‘SECRET.’ Handling of this information will follow the procedures in DoD 5220.00-M, National Industrial Security Program Operating Manual (NISPOM).

· All questions regarding “need-to-know” which cannot be resolved will be forwarded to the Program Executive Office, Integrated Warfare Systems (PEO IWS 3.0), for resolution.

· You may NOT:

· You shall maintain records of disclosure of the TLRD and shall furnish these records upon demand of the Contracting Officer or other authorized government security officials.

· You shall submit a letter to the Contracting Officer certifying to the destruction of the TLRD as well as any and all copies, notes, or other materials produced using the classified or other restricted information provided in connection with solicitation N00024-17-R-5430 within 60 days from receipt of access to the information unless you submit a proposal in response to the final solicitation issued by NAVSEA. You shall destroy all documents or data in a manner approved for the destruction for that level of classification.

Foreign Disclosure: Foreign disclosure considerations will be handled on a case-by- case basis in accordance with DoD 5220.22-M (National Industrial Security Program Operating Manual) or SECNAVINST 5510.34 (Manual for the Disclosure of Department of the Navy Military Information to Foreign Governments and International Organizations). The Program Executive Office, Integrated Warfare Systems (PEO IWS 3.0), must be notified of any foreign disclosure considerations. Prior to release of the TLRD authorization must be obtained in writing from PEO IWS 3.0.

Subcontractor Disclosure: The Program Executive Office, Integrated Warfare Systems (PEO IWS 3.0), must be notified of any subcontractor disclosure considerations. Prior to release of the TLRD authorization must be obtained in writing from PEO IWS 3.0. Once authority has been granted, you may allow subcontractors to view documents under your control in accordance with the DoD 5220.22-M (NISPOM).

To facilitate review, NAVSEA, is granting authority for the undersigned company to print three (3) copies of the TLRD. These copies will be property of the Government and must be controlled in accordance with DoD 5220.22-M NISPOM.

Please provide the following information for your company:

In the event that you intend to share the TLRD with a proposed subcontractor, you must submit the following information:

As the Facility Security Officer of the above business, I hereby acknowledge and accept the terms of this agreement.