Attachment 1: Terms of Use Agreement

TERMS OF USE AGREEMENT FOR TSTC TDP

1. Purpose and Scope

This agreement governs the transmission, handling, safeguarding, and disposition of distribution-controlled and Government-Furnished Information (GFI) provided by the Government to your firm in connection with the Total Ship Training Capability (TSTC) procurement effort under Notice ID N6175027R1303 (hereinafter referred to as the "TSTC TDP"). As an express prerequisite to receiving access to the TSTC TDP, your firm must execute and return this agreement. This acknowledgement and acceptance must be executed by an authorized corporate representative possessing legal authority to bind the contractor.

2. Description of Data Package

The TSTC TDP consists of non-publicly releasable GFI provided in support of Notice ID N6175027R1303. Unclassified information contained within the TSTC TDP may bear distribution limitation markings up to Distribution Statement D (distribution authorized to the Department of Defense and U.S. DoD contractors only). Any classified attachments, if applicable, will be transmitted and managed via authorized classified channels under separate cover.

2.1 Government Rights and Distribution Limitations. The TSTC TDP consists of Government-Furnished Information (GFI) marked with Distribution Statement D. This distribution statement authorizes release only to the Department of Defense and U.S. DoD contractors with a valid need-to-know for official purposes. The Government has Unlimited Rights or Government Purpose Rights in the technical data contained in the TSTC TDP. Any use or disclosure of the data is subject to the distribution limitations and other restrictions stated in this agreement and applicable law. Contractors shall not use or disclose the data for any purpose other than responding to Notice ID N6175027R1303 without the prior written approval of the Contracting Officer.

3. Authority and Handling Requirements

The Government grants authority for your firm to store, review, and reproduce copies of the TSTC TDP strictly to the extent necessary to support response efforts for Notice ID N6175027R1303 . Both original files and all copies remain the property of the United States Government.

Handling and control shall comply with:

32 CFR Part 117 (National Industrial Security Program Operating Manual / NISPOM Rule);

Defense Counterintelligence and Security Agency (DCSA)-approved handling and physical safeguarding procedures;

The Arms Export Control Act (22 U.S.C. 2778) and the International Traffic in Arms Regulations (ITAR, 22 CFR Parts 120–130), or the Export Administration Regulations (EAR, 15 CFR Parts 730–774), as applicable.