Attachment_3_SSS_Distro_Agreement.docx

Distribution Agreement - Intelligence And Electronic Warfare Tactical Proficiency Trainer – W900KK-16-R-0005

DISTRIBUTION AGREEMENT, INTELLIGENCE AND ELECTRONIC WARFARE TACTICAL PROFICIENCY TRAINER – W900KK-16-R-0005

1) System/Subsystem Specification: The Government’s Intelligence and Electronic Warfare Tactical Proficiency Trainer System/Subsystem Specification (SSS) is available to Offerors who are current U.S. DOD Contractors and intend to submit proposals in response to U.S. Army Contracting Command – Orlando Request for Proposal (RFP) W900KK-16-R-0005.

2) Purpose: The use of the SSS is limited to the Offeror’s proposal preparation in response to RFP W900KK-16-R-0005 and the rights granted herein will expire upon expiration of the RFP response period.

By completing and signing this distribution agreement, the Offeror certifies they shall ensure strict compliance with all requirements and limitations stipulated herein.

The SSS will be provided upon request and the approval granted using this form. The Offeror shall submit a completed distribution agreement to Mr. Wesley M. Whisner, Contract Specialist, via email at wesley.m.whisner.civ@mail.mil. Requests will be considered until the question and answer period for the final RFP is completed.

All communications and deliveries regarding this distribution agreement shall be through the Procurement Contracting Officer (PCO) or designated Contract Specialist (CS).

OFFEROR’S REQUEST FOR SYSTEM/SUBSYSTEM SPECIFICATION

Requesting Prime Contractor’s Organization Name:

Address:

Cage Code:

DUNS Number:

Requesting U.S. Department Of Defense (DOD) Contractor Authorized Technical Point Of Contact (POC):

Name (Please print):

Date:

Telephone:

E-MAIL:

Address:

Alternate Requesting U.S. DOD Contractor Authorized POC:

Name (Please print):

Date:

Telephone:

E-MAIL:

Address:

I hereby agree to the terms and conditions of this distribution agreement and will utilize the System/Subsystem Specification only for the purpose/use described in here. I understand that processing or transmitting this export controlled material via any public electronic medium is strictly prohibited.

SIGNATURE:

Date:

(Requesting Company’s Contracting Manager)

In order to confirm the offeror’s status as a current “U.S. DOD contractor” as defined by DOD Instruction (DODI) 5230.24 dated August 23, 2012, each offeror must provide the contract number of one current contract that they are currently performing as a prime contractor for the DOD or equivalent certification as described in the definition for DOD potential contractor.

Contract Number: DOD Agency:

In accordance with DODI 5230.24, Export-controlled items marked Distribution Statement D shall not be disseminated outside the U.S. Government or to U.S. Government contractors without first verifying the recipient’s eligibility and authority to receive export-controlled information by verifying they have a current, valid DD Form 2345. Each offeror must also submit a valid DD Form 2345 with their request.

RELEASE AUTHORIZATION TO U.S. DOD CONTRACTOR:[footnoteRef:1] [1: To be completed by Issuing Office.]

The System/Subsystem Specification is authorized to be released to the U.S. DOD Contractor identified above for the stated purpose. It is hereby certified that the RFP and expiration limits identified above are correct and the identified U.S. DOD Contractor requires the System/Subsystem Specification for the aforementioned purpose.

Date:

Signature:

Issuing Office (ACC-Orlando) Date

1. Definitions:

a. Controlling DOD Office. The DOD activity that that generated the SSS or received the SSS on behalf of the DOD and has the inherently Governmental responsibility for determining the distribution of the SSS. For joint sponsorship, the Controlling Office is determined by advance agreement and may be a party, group, or committee representing the interested activities or DOD Components. Only the Controlling Office or higher authority may authorize distribution beyond the distribution statement. (PEO STRI)

b. DOD Potential Contractor. An individual or organization outside the DOD approved and certified by a sponsoring DOD activity as “eligible for DOD technical information services” under a DOD Component potential contractor program. This may be based on participation in any similar DOD Component program such as the Navy Potential Contractor Program. The DOD Components without a formal potential contractor program may certify a contractor based on a company’s legitimate business relationship as defined in Reference (d). The sponsoring DOD activity shall be reasonably assured that this individual or organization may benefit by their access to Defense technical information in their understanding of and for responding to a DOD acquisition.

c. Government Purpose Rights. The rights to:

i. Use, modify, reproduce, release, perform, display, or disclose the SSS within the Government without restriction; and,

ii. Release or disclose the SSS outside the Government and authorize persons to whom release or disclosure has been made to use, modify, reproduce, release, perform, display, or disclose the SSS for United States Government purposes.

d. Issuing DOD Office. DOD activity that releases the SSS on behalf of the Controlling DOD Office and monitors or enforces compliance with this Distribution Agreement. (ACC-Orlando)

e. PEO STRI. Program Executive Office, Simulation, Training and Instrumentation.

f. ACC-Orlando. U.S. Army Contracting Command – Orlando.

g. PM. Project Manager.

h. Procurement Contracting Officer. Person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.

i. U.S. DOD Contractor. Those U.S. Contractors currently holding grants or contracts with the Department of Defense.

2. The SSS is marked with one or more of the following restrictions:

DISTRIBUTION STATEMENT “D”. DISTRIBUTION AUTHORIZED TO THE DOD AND DOD CONTRACTORS ONLY; CRITICAL TECHNOLOGY; 16 SEPT 2015. OTHER REQUESTS SHALL BE REFERRED TO PM ITTS, U.S. ARMY PEO STRI, SFAE-STRI-PMITTS-TPT.

EXPORT CONTROL WARNING - THIS DOCUMENT CONTAINS TECHNICAL DATA WHOSE EXPORT IS RESTRICTED BY THE ARMS EXPORT CONTROL ACT (TITLE 22, USC Sec 2751, et.seq.). OR THE EXPORT ADMINISTRATION ACT OF 1979, AS AMENDED (TITLE 50, USC App 2401 et.seq). VIOLATIONS OF THESE EXPORT LAWS ARE SUBJECT TO SERVERE CRIMINAL PENALTIES. DISSEMINATION IN ACCORDANCE WITH PROVISIONS OF DOD DIRECTIVE5230.25.

DESTRUCTION NOTICE - FOR CLASSIFIED DOCUMENTS, FOLLOW THE PROCEDURES IN DOD 5200.22-M, NATIONAL INDUSTRIAL SECURITY MANUAL PROGRAM, with Change 1 OR DOD 5200.01, DOD INFORMATION SECURITY PROGRAM VOLUMES 3 AND 4. FOR UNCLASSIFIED, LIMITED DOCUMENTS, DESTROY BY ANY METHOD THAT WILL PREVENT DISCLOSURE OF CONTENTS OR RECONSTRUCTION OF THE DOCUMENT.

3. Subject to approval by the Issuing DOD Office, the SSS may be used for the purpose(s) stated with the following general conditions (Initials must be hand-written):

a. The SSS will be handled and maintained in accordance with the following restrictions (as applicable): For Official Use Only, Distribution Statement D, Export Control, and Army Regulation 380-5 requirements. All cleared DOD contractors are required to meet the requirements of the National Industrial Security Manual program. ________ (Initials)

e. The SSS shall not be re-distributed, sold, or used for commercial purposes or practices, in whole or in part, without the express written permission of the Issuing DOD Office. The recipient is prohibited from using any information delivered within the SSS for commercial practices and profitable gains. The recipient may reproduce copies of the SSS for use within his/her organization only for the sole purpose stated above. The Offeror shall ensure that a copy of this approved Distribution Agreement shall be provided and maintained with each authorized copy of the SSS and appropriate personnel shall be briefed regarding the Distribution Agreement requirements. The original recipient of the SSS shall be responsible for compliance with the terms of this Distribution Agreement related to all authorized copies. ________ (Initials)

g. The U.S. Government and its agents shall not be liable for any harm, damage, or injury that may result from the use or untimely receipt of the SSS. ________ (Initials)

l. To the extent of his/her knowledge and belief, the requesting U.S. DOD Contractor knows of no person employed by it, or acting on its behalf, who will have access to the SSS, who is debarred, suspended, or otherwise ineligible from performing on U.S. Government contracts, or has violated U.S. export control laws. ________ (Initials)