TOU WSB 2.0.docx

Solicitation N00024-26-R-4125

TERMS OF USE AGREEMENT

To respond to the Waterborne Security Barrier 2.0 (WSB 2.0) solicitation N00024-26-R-4125, your company (which is hereinafter referred to as the “Recipient”) may receive access to performance specifications, interface control documents, technical data, computer software, Government Furnished Information (GFI), and other Technical Data (hereinafter referred to as “Data”) that shall only be used to generate questions, comments, proposals, and the resulting contract for the successful offeror in regards to the above referenced solicitation.

In consideration for receiving such Data, the Recipient agrees, on behalf of his or her organization and for any entity or person receiving this data through his or her organization, to use the Data strictly in accordance with this Agreement; follow the specific Distribution Statements, markings, and guidance on each individual document; and to comply with any resulting Solicitation.

DISCLOSURES AND RESTRICTIONS

General: The Recipient may receive access to technical data whose export is restricted by the Arms Export Control Act (Title 22, U.S.C. Section 2751 et seq.) or Executive Order 12470. Violations of these export laws are subject to severe criminal penalties.

Public release: The Recipient may receive access to data which contains information EXEMPT FROM MANDATORY DISCLOSURE under the Freedom of Information Act. No publicity releases, World Wide Web sites, or public displays of any kind are authorized for this data without the prior express written consent of COMNAVSEASYSCOM (00D) or higher DoD authority. The fact that certain details of information are shown to be unclassified information does not automatically mean it is eligible for public release. All requests for public release shall be processed through appropriate channels for publication approval.

Foreign Disclosure: The Recipient may not disclose any documents or data 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. Distribution to foreign subcontractors shall be in accordance with this Agreement, 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.

Subcontractor Disclosure: The Prime Contractor 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 DoDM 5220.22-M National Industrial Security Program Operating Manual (NISPOM).

Destruction Notice: For classified documents, follow the procedures in DoD manual (DoDM) 5220.22-M, NISPOM , Chapter 5, Section 7. For controlled unclassified information (CUI), destroy by any method that will prevent disclosure of content or reconstruction of the document.

Data Suitability: The Recipient agrees to accept this Data “as is” without any Government representation as to suitability for intended use or warranty whatsoever. This disclaimer does not affect any obligation the Government may have regarding Data specified in a contract for the performance of that contract.

Data Provided with Restricted Markings: Data provided to the Recipient may be subject to restrictions on use, modification, reproduction, release, performance, display, or further disclosure. The recipient shall follow the specific Distribution Statements, Markings, and guidance on each individual document. In consideration for receiving such Data, the Recipient agrees to use the Data strictly in accordance with Defense Federal Acquisition Regulation Supplement (DFARS) Clause 252.227-7025, “Limitations on the Use of or Disclosure of Government-Furnished Information Marked with Restrictive Legends.”

USE OF DATA

The Recipient must comply with DoDM 5220M.22-M, (NISPOM).

The Recipient must comply the protection requirements in Defense Federal Acquisition Regulation Supplement (DFARS) Clause 252.204-7012, “Safeguarding Covered Defense Information and Cyber Incident Reporting” and National Institute of Standards and Technologies (NIST) Special Publication 800-171, “Protecting Controlled Unclassified Information in Nonfederal Systems and Organizations".

The Recipient may NOT:

a. Duplicate, transmit, or post the above documents/data in a manner contrary to the guidance provided herein or the restrictive markings contained on and within the specific documents.

b. Disclose the above documents to anyone without proper clearance.

c. Disclose the above documents 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.

RECIPIENT IDENTIFICATION

Provide the following information for the Recipient:

Business Name:

DUNS Number:

CAGE Code:

Business Address:

Mailing Address:

Level of Facility Clearance:

Level of Storage Capability:

ACKNOWLEDGEMENT AND ACCEPTANCE

As the Authorized Representative of the above business, I hereby acknowledge and accept the terms of this agreement on behalf of my organization and for any entity or person receiving this data through my organization.

* Authorized to sign on behalf of the company