W900KK20R0011_Attach_25_NCRC_EPOS_Distribution_Agreement+GFI_List.docx

DISTRIBUTION AGREEMENT

NATIONAL CYBER RANGE COMPLEX EVENT PLANNING, OPERATIONS, AND SUPPORT – W900KK-20-R-0011

1) National Cyber Range Complex (NCRC) Event Planning, Operations and Support (EPOS) Government Furnished Information (GFI): GFI for the NCRC EPOS requirement is available to responsible contractors that are eligible to receive award of a DoD contract; who are currently U.S. DoD Contractors; and that intend to submit proposals in response to a U.S. Army Contracting Command – Orlando Request for Proposals (RFP). NCRC EPOS draft documents in this release include:

SEE NCRC EPOS GOVERNMENT FURNISHED INFORMATION LIST CONTAINED WITHIN TABLE 1 AT PAGES 11 - 12

2) Purpose: The use of the draft documents released under the Solicitation W900KK-20-R-0011, posted to beta.sam.gov on 7 February 2020 for the NCRC EPOS requirement, is limited to proposal preparation planning by U.S. DoD Contractors and the submission of comments/questions to the Procuring Contracting Officer (PCO). Rights granted herein will expire: upon revision of any NCRC EPOS GFI document; and, posting of amendments to the solicitation which shall have the effect of superseding a previously released NCRC EPOS GFI document; or, notification of a cancellation of the NCRC EPOS requirement.

A SEPARATE DISTRIBUTION AGREEMENT WILL BE REQUIRED FOR ALL FUTURE RELEASES OF NCRC EPOS DOCUMENTATION CONTAINING DISTRIBUTION INSTRUCTIONS THAT PROHIBIT A RELEASE TO THE PUBLIC.

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

The draft documents will be provided upon request and the approval granted using this form. The U.S. DoD Contractor shall submit a completed distribution agreement to Mr. Robert D. Baird, Contract Specialist, at robert.d.baird10.civ@mail.mil.

Requests will be considered until the draft document is superseded, or upon notification of a cancellation of the NCRC EPOS requirement.

All communications and deliveries regarding this distribution agreement shall be through the PCO or designated Contract Specialist.

NCRC EPOS Distribution Agreement/GFI List Page 2 of 12

REQUEST FOR NCRC EPOS DRAFT DOCUMENTS

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):

Telephone:

E-MAIL:

Alternate Requesting U.S. DoD Contractor Authorized POC:

Telephone:

E-MAIL:

I hereby agree to the terms and conditions of this distribution agreement and will utilize the draft documents for NCRC EPOS, only for the purpose/use described herein. I understand that processing or transmitting this export controlled material via any public electronic medium is strictly prohibited.

(Requesting Company’s Contracting Manager)

In accordance with DoDI 5230.24, export-controlled items marked Distribution Statement C 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 U.S. DoD Contractor must also submit a valid DD Form 2345 with their request.

RELEASE AUTHORIZATION TO U.S. DoD CONTRACTOR:1

Draft NCRC EPOS documents are authorized to be released to the U.S. DoD Contractor identified above for the stated purpose. It is hereby certified that the expiration limits identified above are correct and the identified U.S. DoD Contractor requires the draft documents for the aforementioned purpose.

Date:

Signature:

Issuing Office (ACC-Orlando) Date

U.S. GOVERNMENT CONTROLLING DOD OFFICE APPROVAL2

The above request is approved for the purposes stated by the requestor. Signature:

(Project Manager, or designated Representative) Date

1 To be completed by Issuing DoD Office.

2 To be completed by Controlling DoD Office

1. Definitions:

a. Controlling DoD Office. The DoD activity that generated the draft documents for NCRC EPOS or received the draft documents on behalf of the DoD and has the inherently Governmental responsibility for determining the distribution of the draft documents. 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. (Test Resource Management Center (TRMC))

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 DoDD 5230.25, entitled Withholding of Unclassified Technical Data From Public Disclosure. 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. Issuing DoD Office. DoD activity that releases the draft documents for NCRC EPOS on behalf of the Controlling DoD Office and monitors or enforces compliance with this Distribution Agreement. (ACC-ORL)

d. ACC-ORL. U.S. Army Contracting Command – Orlando.

e. PM. Program Manager. (Program Manager for NCRC Expansion)

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

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

2. The NCRC EPOS draft documents are marked with one or more of the following restrictions:

DISTRIBUTION STATEMENT “C”. DISTRIBUTION AUTHORIZED TO U.S. GOVERNMENT AGENCIES AND THEIR CONTRACTORS DUE TO EXPORT CONTROLS [FEBRUARY 2015]. OTHER REQUESTS FOR THIS DOCUMENT SHALL BE REFERRED TO TEST RESOURCE MANAGEMENT CENTER (TRMC) FOR APPROVAL PRIOR TO RELEASE.

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 SEVERE CRIMINAL PENALTIES. DISSEMINATION IN ACCORDANCE WITH PROVISIONS OF DoD DIRECTIVE 5230.25.

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

a. The NCRC EPOS Draft Documents will be handled and maintained in accordance with the following restrictions (as applicable): For Official Use Only, Distribution Statement C, 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)

b. The NCRC EPOS Draft Documents will be used only in accordance with this Distribution Agreement and all stipulations herein.

(Initials)

c. The NCRC EPOS Draft Documents will not be modified, adapted, or otherwise altered except as required under the terms and conditions of a contract with the U.S. Government.

(Initials)

d. The NCRC EPOS Draft Documents 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 NCRC EPOS Draft Documents for commercial practices and profitable gains. The recipient may reproduce copies of the NCRC EPOS Draft Documents for use within his/her organization only for the sole purpose stated above. The U.S. DoD Contractor shall ensure that a copy of this approved Distribution Agreement shall be provided and maintained with each authorized copy of the NCRC EPOS Draft Documents and appropriate personnel shall be briefed regarding the Distribution Agreement requirements. The original recipient of the NCRC EPOS Draft Documents shall be responsible for compliance with the terms of this Distribution Agreement related to all authorized copies.

e. U.S. DoD Contractors and Subcontractors shall return and/or destroy the NCRC EPOS Draft Documents and/or Copies after completion of the stated purpose under which the work is authorized. U.S. DoD Contractors and Subcontractors shall certify in writing that the requirements of this paragraph were met.

(Initials)

f. 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 NCRC EPOS Draft Documents.

(Initials)

g. The Issuing Office may revoke permission or hereinafter make permission subject to additional conditions as dictated by Government interests.

(Initials)

h. All personnel who come in contact with the NCRC EPOS Draft Documents or who participate in NCRC EPOS related discussions on behalf of U.S. DoD Contractors shall be U.S. citizens in accordance with the Arms Export Control Act (Title 22, U.S.C., Sec 2751, et seq.).

(Initials)

i. U.S. DoD Contractor acknowledges his/her responsibilities under the U.S. export control laws and regulations and agrees that will not disseminate any export- controlled NCRC EPOS Draft Documents subject to this agreement in a manner that would violate applicable export control laws and regulations.

(Initials)

j. U.S. DoD Contractor agrees that he/she will not provide access to this material to persons other than its employees or persons acting on its behalf, without permission of the Issuing Office.

k. 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 NCRC EPOS Draft Documents, who is debarred, suspended, or otherwise ineligible from performing on U.S. Government contracts, or has violated U.S. export control laws.

(Initials)

l. U.S. DoD Contractor is not debarred, suspended or otherwise determined ineligible by any agency of the U.S. Government to perform on U.S. Government contracts, has not been convicted of export control law violations, and has not been disqualified under the provisions of DoD Directive 5230.25.

(Initials)

m. Failure to return and/or destroy NCRC EPOS Draft Documents and/or Copies will be deemed a breach of this agreement and may result in prosecution of the USG’s rights in the applicable forum. The U.S. DoD Contractor agrees that it will not assert that such return and/or destruction is a Government-caused delay under any contract with the U.S. Government.

NOTICE TO ACCOMPANY THE DISSEMINATION OF EXPORT-CONTROLLED TECHNICAL DATA

1. Export of information contained herein, which includes, in some circumstances, release to foreign nationals within the United States, without first obtaining approval or license from the Department of State for items controlled by the International Traffic in Arms Regulations (ITAR), or the Department of Commerce for items controlled by the Export Administration Regulations (EAR), may constitute a violation of law.

2. Under 22 U.S.C. 2778 the penalty for unlawful export of items or information controlled under the ITAR is up to 2 years imprisonment, or a fine of $100,000, or both. Under 50 U.S.C., Appendix 2410, the penalty for unlawful export of items or information controlled under the EAR is a fine of up to $1,000,000, or five times the value of the exports, whichever is greater; or for an individual, imprisonment of up to 10 years, or a fine of up to $250,000, or both.

3. In accordance with your certification that establishes you as a "qualified U.S. contractor," unauthorized dissemination of this information is prohibited and may result in disqualification as a qualified U.S. contractor, and may be considered in determining your eligibility for future contracts with the Department of Defense.

4. The U.S. Government assumes no liability for direct patent infringement, or contributory patent infringement or misuse of technical data.

5. The U.S. Government does not warrant the adequacy, accuracy, currency, or completeness of the technical data.

6. The U.S. Government assumes no liability for loss, damage, or injury resulting from manufacture or use for any purpose of any product, article, system, or material involving reliance upon any or all technical data furnished in response to the request for technical data.

7. If the technical data furnished by the Government will be used for commercial manufacturing or other profit potential, a license for such use may be necessary. Any payments made in support of the request for data do not include or involve any license rights.

8. A copy of this notice shall be provided with any partial or complete reproduction of these data that are provided to qualified U.S. contractors.

Table 1 - GFI List

EPOS_W900KK20R0011_SPAWARLANT_3070.1B_20200122.pdf

EPOS_W900KK20R0011_CONOPS_20200122.pdf

National Cyber Range Complex (NCRC) Concept of Operations (CONOPS), 31 July 2019

EPOS_W900KK20R0011_TDP_Read_Me_Guide_20200131.pdf

NCRC Technical Data Package – Read Me Guide, 31 January 2020

EPOS_W900KK20R0011_TDP_Document-1_20200122.pdf

National Cyber Range System, Concept of Employment, Version 1.1, July 9, 2019

EPOS_W900KK20R0011_TDP_Document-2_20200122.pdf

National Cyber Range System, Systems & Hardware Information, Version 1.0, June 7, 2019

EPOS_W900KK20R0011_TDP_Document-3_20200122.pdf

National Cyber Range Program, Software User Manual, Version 1.0, August 1, 2019

EPOS_W900KK20R0011_TDP_Document-4_20200122.pdf

Range Support Center (RSC)/Range Environments Software List

EPOS_W900KK20R0011_TDP_Document-5_20200122.pdf

National Cyber Range Complex, Statement of Support Capabilities, Version 1.0, November 5, 2019

EPOS_W900KK20R0011_TDP_Document-6_20200122.pdf

National Cyber Range Program, Operator’s Manual, Version 1.2.1, November 14, 2019

EPOS_W900KK20R0011_COTS_Manuals_List_20200131.pdf

NCR List of COTS Manuals (Includes 32 COTS Manuals)

EPOS_W900KK20R0011_OPNAV-5239-14-SAAR-N_20200122.pdf

System Authorization Access Request Navy (SAAR-N) Form, Rev 09/2011

EPOS_W900KK20R0011_DoD_CTT_Guidebook_v1_20200122.pdf

The Department of Defense Cyber Table Top Guidebook, Version 1.0, 2 July 2018