Terms of Use Agreement - INS RFI.pdf

INS Sources Sought Opportunity N00024-24-R-5245 – Attachment 1

TERMS OF USE AGREEMENT (TOUA)

The Naval Sea Systems Command (NAVSEA), on behalf of the Command-and-Control Program Executive Office directorate (PEO IWS 6.0), is conducting market research via a Request for Information (RFI) for the Navy’s next generation Inertial Navigation System (INS). This RFI is under Sources Sought Notice N00024-24-R-5245 and includes restricted data provided as Government Furnished Information (GFI).

The Government may release revisions or updates to the technical data as additional information becomes available. To facilitate responses, NAVSEA is providing, as GFI, the following attachments: System Requirements Document (SRD) and Interface Control Document (ICD) as Controlled Unclassified Information (CUI). To receive the CUI information for this Sources Sought Notice, the attached Terms of Use Agreement (TOUA) must be completed and returned to the points of contact identified below. Your organization must have an active Joint Certification Program (JCP) status administered by the Defense Logistics Agency (DLA). JCP may be accessed at the following web address:

https://www.public.dacs.dla.mil/jcp/ext/

This sources sought Request for Information (RFI) includes an appendix classified at the SECRET level; therefore, offerors must possess a valid U.S. security clearance of SECRET or higher in order to receive the entirety of related information. The classified appendix will only be released to offerors possessing the appropriate clearance. All classified material must be handled in accordance with 32 CFR Part 117 the National Industrial Security Program Operating Manual (NISPOM).

Your company’s Facility Security Clearance will be verified by the Defense Counterintelligence and Security Agency (DCSA), prior to release of Classified information.

Your company may respond to this RFI without receiving the classified appendix.

UNDER NO CIRCUMSTANCES SHOULD YOU SUBMIT A CLASSIFIED RESPONSE TO THIS

SOURCES SOUGHT RFI. ANY CLASSIFIED RESPONSES RECEIVED WILL NOT BE

CONSIDERED.

1. Applicable Restrictions

a. Distribution Statement. Unless otherwise marked, all the documents or data provided as part of the RFI and subsequent updates are controlled by Distribution Statement D.

Further dissemination only as directed by Program Executive Office, Integrated Warfare Systems Command and Control (PEO IWS) 6.0 or higher DoD authority. Controlled by PEO

IWS 6.0, 202-781-0990.

b. Destruction Notice. Within 15 days from closing of sources sought provided information shall be destroyed by any method that will prevent disclosure of contents or reconstruction https://www.public.dacs.dla.mil/jcp/ext/ of the document. You shall provide confirmation of such destruction to the Government and maintain a record of the destruction for a period of five years.

c. WARNING – The RFI and applicable attachments 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.

2. Disclosure

a. General: Duplication, transmittal or posting of any portion of the RFI in a manner contrary to the guidance provided herein is strictly prohibited. You may not disclose the contents of this material to anyone who does not possess a valid need to-know resulting from direct involvement with the review of the RFI for industry comment and feedback pertaining to Sources Sought Notice N00024-24-R-5245.

b. Foreign Disclosure: You may not disclose any documents classified as NOFORN (not for release to foreign nationals) to foreign nationals (regardless of clearance, export licenses, or international agreement) or transmit said enclosures outside of the geographical bound or custom territory of the United States of America.

c. Subcontractor Disclosure: PEO IWS 6.0 must be notified of any subcontractor disclosure considerations. Prior to release of the document technical data, authorization must be obtained in writing from PEO IWS 6.0. Once authority has been granted, you may allow subcontractors to view documents under your control in accordance with the DoD 5220.22-M National Industrial Security Program Operating Manual (NISPOM), and your firm’s Defense Security Service (DSS) approved document handling procedures. Your firm must ensure that all subcontractors comply with the terms and conditions of this agreement.

3. 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 Instruction 5200.48: Controlled Unclassified Information of 06 Mar 2020; DoD Manual 5200.01, vol. 3: DoD Information Security Program: Protection of Classified Information of February 24, 2012, incorporating Change 3, July 28, 2020; DoD Manual 5200.01 vol.

2: DoD Information Security Program: Marking of Information of 24 Feb 2012 ,incorporating Change 4, 28 Jul 2020; DoD 5220.32- M and the terms of your firm’s Defense Counterintelligence and Security Agency (DCSA) approved document handling procedures.

b. Distribution of Documents: Your firm may not distribute this material outside of your company. Your firm shall maintain records of disclosures of the document technical data and shall furnish these records upon demand of the Contracting Officer or other authorized Government security or law enforcement officials.

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

Your firm shall provide a copy of the log, via email, to the Contracting Officer (tiffany.k.wulfsohn.civ@us.navy.mil) no later than 7 days after destruction of the documents is completed as specified above.

4. Instructions for Access to Documents

To receive access to the applicable attachments, your firm is required to acknowledge and accept the terms of this agreement. Such acknowledgement and acceptance shall be made by the Facility Security Officer and an Authorized Company Representative with the authority to obligate your company to such terms below. Email completed forms to the Contracting Officer, Tiffany Wulfsohn at tiffany.k.wulfsohn.civ@us.navy.mil with copy to the Contract Specialist, Janel Duval, at janel.m.duval.civ@us.navy.mil.

Your company’s ability to receive CUI will be determined through an active account with JCP and documents will be provided to the below authorized representative, or designee, via DoD Secure Access File Exchange (SAFE).

Your company’s ability to receive Classified information will be determined through DSS and provided to a cleared designee (also verified through DSS) via SIPRnet or other means as arranged by PEO IWS6.0 on a case by case basis.

mailto:janel.m.duval.civ@us.navy.mil

Company Name:

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

Security Manager / FSO Print Name Title

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 Title

Signature* Date

Telephone # Email Address

CAGE Code SIPRNet Email Address (if available)

* Authorized to sign on behalf of the company