N00024-17-R-6300_Attachment_1_-_Terms_and_Use_Agreement_(Revised).pdf

N00024-17-R-6300

TERMS OF USE AGREEMENT

ATTACHMENT 1

The Barracuda Mine Neutralizer requirement, under the previously posted draft and upcoming final solicitation N00024-17-R-6300, includes restricted data provided in a Bidder’s Library and/or as Government Furnished Information (GFI).

Please DO NOT resubmit a new TOU if one was already submitted and approved for this solicitation.

Such data may be released upon Government receipt and approval of this executed Terms of Use Agreement, and is controlled in accordance with the following:

1. Restricted Documents. To facilitate proposal submission, NAVSEA is providing as GFI the undersigned company one (1) copy of the Barracuda Mine Neutralizer System Performance Specification (SPS), one (1) copy of the Barracuda Mine Neutralizer Classified SPS Annex, and one (1) copy with the Barracuda Mine Neutralizer Bidder’s Library and GFI. All documents will be provided as CDs.

a. Barracuda Mine Neutralizer SPS. The Barracuda Mine Neutralizer SPS is marked with Distribution Statement D.

b. Barracuda Mine Neutralizer SPS Classified Annex. The Barracuda Mine Neutralizer SPS Annex is marked Distribution D, and is classified as SECRET. A copy of the classified Annex to the SPS will be provided upon release of the final solicitation only and approval of the Defense Security Service (DSS) issued SECRET facility clearance.

c. Additional Barracuda Mine Neutralizer Documents Accessible in the Bidder’s Library or GFI. Additional documents are accessible in the Bidder’s Library. Note that Distribution Statements and restrictions may vary with each of the documents. The Prime shall follow the specific Distribution Statements, Markings, and guidance on each individual document.

2. Applicable Restrictions. The following restrictions may apply to control the release of the applicable documents.

a. 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).

b. 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.

ATTACHMENT 1

c. 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.

d. 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.

3. Disclosure

a. 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), and ITAR law and regulations. NAVSEA must be notified of any foreign disclosure considerations. Prior to release of GFI, authorization must be obtained in writing from NAVSEA.

b. Subcontractor Disclosure: The Prime is responsible for any subcontractor disclosure considerations and must ensure that they adhere to the rules of the subject agreement. The Prime may allow subcontractors to view documents under its control in accordance with the DoD 5220.22-M (NISPOM).

4. Use of Documents

a. Use of Documents. These documents, 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). These documents shall only be used to generate questions, comments, proposals, and the resulting contract for the successful awardee in regards to the above referenced solicitation.

b. Distribution of Documents. The Prime may not distribute this material outside of its company or selected subcontractors.

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

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5. Instructions for Access to Documents. In order to receive access to the documents specified herein, The Prime is 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. Email completed forms to the Contracting Officer, Michaella Easley, at michaella.easley@navy.mil with CC to the Contract Specialist, Tiara Robinson, at tiara.robinson@navy.mil.

mailto:brett.bikowski@navy.mil mailto:tiara.robinson@navy.mil

ATTACHMENT 1

Please provide the following information for the Prime 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