Attachment_1_-_Terms_and_Use_Agreement.pdf

TERMS OF USE AGREEMENT

ATTACHMENT 1

To respond to the draft and final solicitation N00024-R-17-6300, you may receive the Barracuda Mine Neutralizer Performance Specification (P-Spec) and access to the bidders’ library via a Government issued CD, after Government receipt of the executed Terms of Use Agreement herein. These documents shall only be used to generate questions, comments, proposals, and the resulting contract for the successful offeror in regards to the above referenced solicitation.

Please note – Distribution Statements and restrictions may vary with each of the documents. You shall follow the specific Distribution Statements, Markings, and guidance on each individual document.

Barracuda Mine Neutralizer P-Spec is marked with the appropriate Distribution Statement and restrictions on public release. A copy of the classified Annex to the P-Spec will be provided upon release of the final solicitation only and approval of the Defense Security Service (DSS) issued SECRET facility clearance. The following restrictions apply to control the release of the applicable documents:

Distribution Statement D: Distribution Authorized to the Department of Defense and U.S. DoD Contractors only: Administrative/Operational Use, 10 March 2017. Other U.S. requests shall be referred to the Mine Warfare Program Office, PEO LCS (PMS 495).

Destruction Notice: For classified documents, DoD civilians or military personnel will follow procedures outlined in DoDM 5200.01, Volume 3, Enclosure 3; DoD Contractors will follow procedures outlined in DoDM 5220.22, Sections 11-19. For unclassified limited documents (e.g.

FOUO, distribution statement controlled), destroy by any method that will prevent disclosure of contents or reconstruction of the document.

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, as amended (Title 50, U.S.C. appendix 2401, et seq.). Violations of these export laws are subject to severe criminal penalties. Disseminate per the provisions of OPNAVINST 5510.161.

Classified documents shall be marked with the appropriate level of classification designations, such as Confidential (C), and Secret (S). Personnel accessing classified information in the performance of this contract need only possess a security clearance at the level of classification necessary to accomplish the task. The highest level of classification for this contract is Secret.

To facilitate proposal submission, PMS 495 is providing the undersigned company one (1) copy of the Barracuda Mine Neutralizer P-Spec. This copy, and any other technical data provided, 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 Attachment J-1, DD Form 254).

In order to facilitate your review, you are granted the authority to make copies of these documents for distribution internal to your company. You may not distribute this material outside of your company without written permission.

You 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 above documents to anyone without proper clearance.

c. Disclose the above documents 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.

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 documents no later than 30 days after contract award, unless you are awarded the contract. You shall notify the Contracting Officer listed below via email of the destruction of all documents. You shall maintain records of destruction available for inspection for a period of five years.

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

In order to receive access to the documents specified herein, you are required to acknowledge and accept the terms of this agreement. Such acknowledgement and acceptance must also be made by the Facility Security Officer and an Authorized Company Representative. Mail completed forms to the Contracting Officer, Michaella Easley, at michaella.easley@navy.mil.

mailto:brett.bikowski@navy.mil

Please provide the following information for your company:

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.

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

Print Name Signature Date

Telephone # 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 # Email Address

* Authorized to sign on behalf of the company