N00024-17-R-6300_Attachment_L-4_-_Terms_and_Use_Agreement.pdf

N00024-17-R-6300

TERMS OF USE AGREEMENT

ATTACHMENT L-4

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).

The final solicitation N00024-17-R-6300 has not been released, however, the Government is requesting for the resubmission of a Terms of Use (TOU) Agreement from interested industry partners, even if one was already submitted and approved for this solicitation.

The restricted data may be released upon Government receipt and approval of this executed TOU Agreement, and is controlled in accordance with the following:

1. Restricted Documents

To facilitate proposal submission, NAVSEA is providing the undersigned company one (1) electronic copy of the Barracuda Statement of Work (SOW), one (1) electronic copy of the Barracuda Mine Neutralizer System Performance Specification (SPS), one (1) electronic copy of the Barracuda Mine Neutralizer Classified SPS Annex, one (1) electronic copy of the Interface Requirement Specification (IRS) Host Platform, one (1) electronic copy of the Interface Requirement Specification (IRS) Deployment Platform and, one (1) CD copy with the Barracuda Mine Neutralizer Bidder’s Library, including GFI. Restricted documents may be released once approval of the Defense Security Service (DSS) issued SECRET facility clearance is complete.

a. Barracuda SOW. The Barracuda Mine Neutralizer SOW is marked with

Distribution Statement D. A copy of the SOW will be provided upon release of the final solicitation only and approval of the Defense Security Service (DSS) issued SECRET facility clearance.

b. Barracuda Mine Neutralizer SPS. The Barracuda Mine Neutralizer SPS is marked with Distribution Statement D. A copy of 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. Barracuda Mine Neutralizer SPS Classified Annex. The Barracuda Mine

Neutralizer SPS Annex is marked Distribution Statement D, and is classified as CONFIDENTIAL. 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.

d. IRS Host Platform. The Barracuda Mine Neutralizer IRS Host Platform is marked with Distribution Statement D. A copy of the IRS Host Platform will be provided upon release of the final solicitation only and approval of the Defense Security Service (DSS) issued SECRET facility clearance.

e. IRS Deployment Platform. The Barracuda Mine Neutralizer IRS Deployment

Platform is marked with Distribution Statement D. A copy of the IRS Deployment Platform will be provided upon release of the final solicitation only and approval of the Defense Security Service (DSS) issued SECRET facility clearance.

f. Additional Barracuda Mine Neutralizer Documents Accessible in the Bidder’s Library and 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. A copy of the Bidder’s Library may be provided prior to release of the final solicitation, if approval of the Defense Security Service (DSS) issued SECRET facility clearance is completed prior to the release of the final solicitation.

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.

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. General: National Security Policy, as implemented by the Department of the

Navy, for the Barracuda does not support release of information related to this competition to non-U.S. sources due to national security and national defense purposes. Therefore, only US sources are authorized the full disclosure required to receive the information required to submit an offer and perform as a Prime on the Barracuda contract. 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.

b. Foreign Disclosure: You may not disclose any documents marked as NOFORN 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. Non-U.S subcontractors are not precluded from participating in providing components or subsystems, as long as they are approved to receive up to SECRET information, adhere to the U.S. Prime’s security agreements, and comply with all regulations and laws, including International Traffic and Arms Regulations (ITAR) export license requirements.

c. Subcontractor Disclosure: The Prime is responsible for any subcontractor disclosure considerations and must ensure that it adheres 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 National Industrial Security Program Operating Manual (NISPOM).

4. Use of Documents

a. General: 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 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. All offerors must also comply with the Industrial Security Regulations (DOD 5220.22-4) and the NISPOM (DOD 5220.22-M).

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.

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

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