Attachment 2 - TOUA _MK99 Below Deck _6.5.24.pdf

DEPARTMENT OF THE NAVY

NAVAL SEA SYSTEMS COMMAND 1333

ISAAC HULL AVE SE

WASHINGTON NAVY YARD DC 20376-0001

IN REPLY REFER TO

Ser 0253/145 05 June 2024

Subj: TERMS OF USE AGREEMENT FOR REQUEST FOR GOVERNMENT FURNISHED

INFORMATION N0002424R5344

As part of this Request for Information (RFI), you may receive AEGIS Weapon System (AWS) MK99 Fire Control System (FCS) associated documents and other (Government Furnished Information (GFI) upon Government verification of your DD Form 2345 Military Critical Technical Data Agreement and receipt of the executed Terms Of Use Agreement herein. These documents shall only be used to generate questions, comments, and assist in understanding the requirement in regards to the above referenced RFI.

Your company shall follow the specific Distribution Statements, Markings and guidance on each individual document. At a minimum, the information shall be treated as Controlled Unclassified Information (CUI) and handled accordingly.

To facilitate your review, you are granted authority to make copies for distribution internal to your company. All copies 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 the terms of your Company’s Defense Security Service (DSS) approved document handling procedures.

You may NOT:

a. Duplicate, transmit, or post the documents/data in a manner contrary to the guidance provided herein.

b. Disclose the documents to anyone without proper clearance.

c. Disclose the documents to foreign nationals or transmit said enclosures outside the geographical bound or custom territory of the United States of America unless a valid Technical Assistance Agreement (TAA)/Export License is in place.

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 GFI documents no later than 365 days after the RFI has closed, unless the Government issues a subsequent formal solicitation for AEGIS Weapon System (AWS) MK99 Fire Control System (FCS) below deck redesign requirements and your company plans to submit a proposal. In the later case, you shall provide the certification of destruction to the Contracting Officer no later than 30 days after contract award. You shall maintain records of destruction available for inspection for a period of five (5) years.

You shall provide a copy of the log, via email, to the Contracting Officer, Robert Larkin, at robert.j.larkin25.civ@us.navy.mil, no later than seven (7) days after destruction of the documents is completed, as specified above.

Subj: TERMS OF USE AGREEMENT FOR REQUEST FOR GOVERNMENT FURNISHED INFORMATION N0002424R5344

You are required to acknowledge and accept the terms of this letter. Such acknowledgement and acceptance must be made by the Facility Security Officer. Send this completed form to the Contract Specialist, Kathleen Dwyer, at kathleen.t.dwyer.civ@us.navy.mil.

Robert Larkin Contracting Officer, SEA 02534

Subj: TERMS OF USE AGREEMENT FOR REQUEST FOR GOVERNMENT FURNISHED

INFORMATION N0002424R5344

AWS MK99 FCS TECHNICAL DATA TERMS OF USE AGREEMENT FOR RFI

N0002424R5344

Please provide the following information for your company:

Business Name:

DUNS Number: _

CAGE Code:

Business Address:

Mailing Address:

First Endorsement:

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

Print Name Signature Date

Telephone # Email Address