Attachment_J-5_-_Post_Solicitation_Access_to_SSSB_U-NNPI.pdf

Attachment J-5

INSTRUCTIONS REGARDING VISUAL ACCESS TO THE SSSB AND U-NNPI,

AND POSSESSION OF U-NNPI FOLLOWING ISSUANCE OF THE

SOLICITATION

Preparing a proposal for dismantlement and disposal of the SSSB will involve activities that provide potential offerors visual and physical access to Unclassified-Naval Nuclear Propulsion

Information (U-NNPI), which requires safeguards against disclosure to unauthorized personnel without an established Need-to-Know (NTK).

NNPI is all information, classified or unclassified, concerning the design, arrangement, development, manufacture, testing, operation, administration, training, maintenance, and repair of the propulsion plants of Naval Nuclear Powered ships and prototypes including the associated shipboard and shore-based nuclear support facilities. Sensitive unclassified military technology is protected by several Federal statutes and export control regulations. Naval Nuclear Propulsion technology is subject to these controls. Hence, U-NNPI is protected and subject to these controls. The designation U-NNPI indicates that although the information is unclassified, it is subject to special handling controls, restricted access and distribution (export controls) and marking requirements and is not releasable to the general public without prior approval by the

Government.

Authorization to Access and Possess U-NNPI:

Due to the required controls above, potential offerors that intend to prepare a proposal in response to the solicitation must complete the following:

1. Request an Agreement for Protection of Unclassified Naval Nuclear Prolusion

Information (U-NNPI) form (Attachment J-17) from the Contracting Specialist. The

Agreement shall be completed and signed by a company officer (or equivalent if privately owned), or facility security officer if the firm possesses a Defense Security

Service (DSS) facility security clearance.

2. Attach a completed DD-Form-2345 (“Military Critical Technical Data Agreement”) to the Agreement (Attachment J-18).

3. Forward the completed Agreement and DD-Form-2345 to the Contracting Specialist via letter on corporate letterhead and signed by a company officer (or equivalent if privately owned), or facility security officer if the firm possesses a Defense Security Service (DSS) facility security clearance. The letter shall include the following:

a. Provide certification that it is based in the United States and organized under U.S.

laws. Further, firms organized under U.S. laws with Foreign Ownership, Control, or

Influence (also referred to as FOCI) must identify the extent of involvement by foreign nationals in relation to the activities of the potential offeror with respect to the

SSSB dismantlement and disposal. A U.S. company is considered under FOCI whenever a foreign interest has the power, direct or indirect, whether or not exercised, and whether or not exercisable through the ownership of the U.S. company’s securities, by contractual arrangements or other means, to direct or decide matters affecting the management or operations of that company in a manner which may result in unauthorized access to covered defense information or may adversely affect the performance of covered defense information contracts.

b. Formally agree to prevent foreign nationals access to U-NNPI.

c. Identify the personnel that will participate in the proposal development process by name. The potential offeror shall certify that these personnel are U.S. Citizens and the need for visual access to U-NNPI in support of the potential offeror preparing a proposal in response to the solicitation. Further, individuals with dual citizenship must be clearly identified, with the understanding that such individuals may not be permitted access to the SSSB or U-NNPI unless explicitly approved by the

Government.

4. Upon receipt and validation of the information provided, the Contracting Specialist will provide the potential offeror written authorization to access and possess U-NNPI and an electronic copy of NN-801, the policy for control and protection of U-NNPI, to guide further conduct by the potential offeror during the proposal development process.

Access to and Distribution of U-NNPI for Proposal Development:

Potential offerors that have completed the above will be permitted to view the U-NNPI controlled Government Furnished Information (GFI), which will be initially located in a “reading room” at the Washington Navy Yard. The reading room is intended to permit potential offerors to assess whether to prepare a proposal in response to the solicitation. Removal of U-NNPI from the reading room is prohibited; Government personnel will review notes generated by potential offerors to verify no U-NNPI was captured. The reading room will be made available from TBD to TBD. Scheduling of access to the reading room shall be arranged through the Contracting

Officer. Potential offerors must notify the Contracting Officer of the intent to access the U-

NNPI GFI reading room no later than TBD to ensure proper arrangements are made.

Following the initial scoping permitted through the U-NNPI reading room, offerors preparing a proposal in response to the solicitation may request physical copies of the U-NNPI GFI listed in the contract from the Contracting Specialist. Per the signed Agreement for Protection of U-

NNPI, the U-NNPI GFI for the solicitation shall be controlled per the policies of NN-801.

Sub-Contractor Access to U-NNPI:

The importance of U-NNPI to national security requires that disclosures to persons and organizations not under contract, directly or indirectly, with an offeror be made with extreme care. Unapproved release of such information is prohibited. Your attention is directed to the need for compliance with the requirements of NN-801. Prior to authorizing the release of U-

NNPI to prospective sub-contractors, offerors shall obtain the written approval for such release from the Contracting Specialist. Without exception, all prospective sub-contractors must complete the requirements listed in the section of these instructions titled Authorization to

Access and Possess U-NNPI prior to an offeror being authorized to release U-NNPI to a prospective sub-contractor.

Accordingly,

1. Extreme care shall be exercised by the potential offeror personnel involved in any formal or informal technical exchanges that involve U-NNPI. Particular attention shall be directed to minimizing the release of any technical details. In addition, offeror personnel shall caution the intended recipient of any U-NNPI against release of this information to the public, to foreign nations, or to any other foreign interests.

2. Whenever such exchanges involve the release of technical documents, the following statement must be displayed on the front sheet or page:

"This document may not be further distributed by (name of recipient, either individual or company) without prior written approval of (name of the potential offeror). Distribution to U.S. nationals representing foreign interests, foreign nations, foreign governments, foreign companies and foreign subsidiaries or foreign divisions of U.S. companies is specifically prohibited.”

Disposition of Solicitation Documents and U-NNPI:

If a the potential offeror declines to propose, or does not remain active throughout the full solicitation cycle, the potential offeror, and any prospective sub-contractors, shall return to the

Contracting Specialist or destroy all solicitation documents including U-NNPI transmitted for use with the solicitation, reproduced, extracted from or generated as a result of the solicitation.

All U-NNPI shall be returned to the Contracting Specialist or destroyed in accordance with the requirements of NN-801. Further, the potential offeror and any prospective sub-contractors that received solicitation documents and/or U-NNPI, must submit a written certification of non-possession to the Contracting Specialist signed by a company officer (or equivalent if privately owned), or facility security officer if the firm possesses a Defense Security Service

(DSS) facility security clearance, within 30 days after notice of a potential offeror ’s decline to propose or when a potential offeror is no longer active in the solicitation process.

All potential offerors that provided a proposal, and remain active throughout the full solicitation process, will be advised when the contract for the solicitation has been awarded. If unsuccessful, potential offerors, and any prospective sub-contractors, shall return to the Contracting Specialist or destroy all solicitation documents including all unclassified NNPI transmitted for use with the solicitation, reproduced, extracted from or generated as a result of the solicitation. All unclassified naval nuclear propulsion material, documents or information shall be destroyed in accordance with the requirements of NN-801. Further, potential offerors and any prospective sub-contractors that received solicitation documents and/or U-NNPI must submit a written certification of non-possession to the Contracting Specialist signed by a company officer (or equivalent if privately owned), or facility security officer if the firm possesses a Defense

Security Service (DSS) facility security clearance, within 30 days after notice of award.

Unauthorized Disclosure of U-NNPI:

At any time during the proposal development process, potential offerors must immediately report to the Contracting Officer any actual or suspected unauthorized disclosure of U-NNPI by the potential offeror or prospective sub-contractor personnel in accordance with NN-801. Further, if the unauthorized disclosure is determined to be caused by non-compliance with NN-801, the potential offeror and any prospective sub-contractor(s), must immediately return or destroy all

U-NNPI (originals and any copies) in accordance with the disposition instructions outlined above. Further, the potential offeror will be ineligible to provide a proposal in response to the solicitation.

Use of Information Systems:

Potential offerors will not be authorized to utilize information systems for the processing of

U-NNPI prior to contract award. The offeror awarded the contract may elect to submit a certification request for processing U-NNPI on the offeror’s information system to the NAVSEA

08 Director of Cybersecurity in accordance with the Statement of Work included in the solicitation.