Attachment J-21 - Terms of Use Agreement.docx

DEPARTMENT OF THE NAVY

NAVAL SEA SYSTEMS COMMAND

1333 ISAAC HULL AVE SE

WASHINGTON NAVY YARD DC 20376-0001

IN REPLY REFER TO

Ser 0262/047 31 Mar 2026 Subj: TERMS OF USE AGREEMENT FOR REQUEST FOR PROPOSAL N0002426R6222

Subj: TERMS OF USE AGREEMENT FOR REQUEST FOR PROPOSAL N0002426R6222 As part of this Request for Proposal (RFP), you may receive AN/BYG-1 technical documents and Government Furnished Information (GFI) (herein referred to as “Data”) upon Government verification of your DD Form 2345 Military Critical Technical Data Agreement and receipt of the executed Terms of Use Agreement. These documents shall only be used to generate questions, comments, and proposals regarding the above-mentioned RFP.

In consideration for receiving Data, the Recipient agrees to use the Data strictly in accordance with this Agreement; follow the specific Distribution Statements, Markings, and guidance on each individual document; and meet the SECRET Security Clerance.

DISCOLSURES AND RESTRICTIONS

You will receive one copy of the requested document. This copy, and any technical data provided, are property of the U.S. Government and will be controlled in accordance with Part 117 of Title 32, Code of Federal Regulations (National Industrial Security Program Operating Manual (NISPOM) and the terms of your Company’s Defense Security Service (DSS) approved document handling procedures.

To facilitate your review, you are granted authority to make copies for distribution internal to your company. You will not distribute this material outside of the company without written permission.

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 from the Contracting Officer or other authorized Government security officials.

You shall destroy the originals, and all copies of the Data provided no later than 180 days after the RFP has closed, unless the Government issues a subsequent formal solicitation for the BYG-1 Applications requirement, and your company plans to submit a proposal. In the latter 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 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, Michael J. Ravnitzky at michael.j.ravnitzky.civ@us.navy.mil and Contracting Officer, John N. Butto, john.n.butto.civ@us.navy.mil.

Please provide the following information for your company:

Business Name: _______________________________

UEI: ________________________________

CAGE Code: __________________________

Business Address: _______________________________________

Mailing Address: _________________________________

Level of Facility Clerance: ______________________________

Level of Storage Capability ______________________________

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

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