Terms of Use Agreement (TOUA)_VLS003A.pdf

DEPARTMENT OF THE NAVY

PROGRAM EXECUTIVE OFFICE

INTEGRATED WARFARE SYSTEMS

1333 ISAAC HULL AVENUE SE

WASHINGTON NAVY YARD, DC 20376-2301

IN REPLY REFER TO

IWS 3L/053

26 Nov 2023

MEMORANDUM

From: Surface Launching Systems, PEO IWS 3L1, Contracting Officer’s Representative, Robert

Grahovac

To: Interested Parties, RFI VLS003A

Subj: RFI VLS003A - TERMS OF USE AGREEMENT FOR TECHNICAL DATA

PACKAGE - MK 41 VLS DESIGN AGENT

1. Program Executive Office, Integrated Warfare Systems, Surface Launching Systems

Project Office (PEO IWS 3L) shall provide one (1) electronic copy of the MK 41 Vertical Launching System (VLS) Technical Data Package and Associated Drawings following Government approval of industry requests conforming to the Terms of Use Agreement contained herein. The solicitation or technical data provided shall remain property of the U.S. Government and controlled in accordance with DoD 5220.22-M (National Industrial Security Program Operating Manual (NISPOM)). Potential offerors may request the MK 41 VLS Technical Data Package and Associated Drawings in response to RFI VLS003A.

Potential Offerors shall endorse and submit this Terms of Use Agreement (TOUA) prior to Government release of subject documentation. MK41 VLS technical documentation shall only be used for purposes of responding to this RFI/future proposal preparation purposes. Potential offers violating the terms and condition of the TOUA will be subject to maximum penalties imposed under federal law.

2. Potential Offerors SHALL NOT:

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

b. Disclose the MK 41 VLS technical documentation to anyone without proper clearance or need to know.

c. Disclose the MK 41 VLS technical documentation to foreign nationals or transmit said documentation 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.

3. The following Terms and Conditions apply to the Storage, Safeguarding, Handling, Transportation and Destruction of MK 41 VLS technical documentation. Potential Offers

SHALL:

Subj: RFI VLS003A - TERMS OF USE AGREEMENT FOR TECHNICAL DATA PACKAGE

- MK 41 VLS DESIGN AGENT

a. Follow the specific Distribution Statements, Markings and Guidance on each individual document and treat all documentation as Controlled Unclassified Information. Please refer to the MK 41 VLS Standing Instruction 94-1F, which promulgates procedures for applying distribution statements and Controlled Unclassified Information (CUI) markings.

b. Certify that all Distribution Statements, Markings, and guidance on individual documents are followed when sharing portions of the DA TDP with potential subcontractors solely for proposal preparation and submission (e.g. obtaining a quote).

c. Maintain a log of all produced copies, to whom and when the copies were distributed, and date of destruction. Furnish these records upon demand of the Contracting Officer or other authorized Government security officials.

d. Destroy the originals and all copies of the documents no later than 180 days after the required submission date of the RFI. Potential offerors shall certify destruction of all documentation to the Contracting Officer and Contracts Specialist identified below via email. Potential Offerors shall maintain records of destruction available for inspection for a period of five (5) years.

e. Provide a copy of the log, via email, to the Contracting Officer, David Chamberlain, at david.s.chamberlain5.civ@us.navy.mil, no later than seven (7) days after destruction of the above documents is completed, as specified above.

f. Acknowledge and accept these terms of use, by completing page three of this letter. Such acknowledgement and acceptance must be made by the Facility Security Officer. Completed and endorsed forms shall be emailed to Contract Specialist Matthew Hubbard, at matthew.r.hubbard2.civ@us.navy.mil and David Chamberlain (email above).

Robert G. Grahovac

Copy to: PEO IWS 3L

Subj: RFI VLS003A - TERMS OF USE AGREEMENT FOR TECHNICAL DATA PACKAGE

- MK 41 VLS DESIGN AGENT

Please provide the following information for your company:

Business Name: ____________________________

DUNS Number: ____________________________

CAGE Code: ____________________________

Business Address: __________________________________________

Mailing Address: ___________________________________________

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

Print Name Signature Date Telephone # Email Address