Terms of Use Agreement

Subj: TERMS OF USE AGREEMENT FOR REQUEST FOR PROPOSAL N0002426R6222

As part of this Request for Proposal (RFP), you may receive AN/BYG-1 technical documents, Government Furnished Information (GFI), source code, and a system notes package including Problem Trouble Reports (PTRs) (herein collectively referred to as “Data”) upon Government verification of your DD Form 2345 Military Critical Technical Data Agreement and receipt of the executed Terms of Use Agreement. These documents shall only be used to generate questions, comments, and proposals regarding the above-mentioned RFP.

In consideration for receiving Data, the Recipient agrees to use the Data strictly in accordance with this Agreement; follow the specific Distribution Statements, Markings, and guidance on each individual document or digital file; and meet the SECRET Security Clearance.

DISCLOSURES AND RESTRICTIONS

You will receive one copy of the requested document. This copy, and any technical data provided, are property of the U.S. Government and will be controlled in accordance with Part 117 of Title 32, Code of Federal Regulations (National Industrial Security Program Operating Manual (NISPOM) and the terms of your Company’s Defense Security Service (DSS) approved document handling procedures.

To facilitate your review, you are granted authority to make copies for distribution internal to your company. You will not distribute this material outside of the company without written permission. You may NOT:
Duplicate, transmit, or post the documents/data in a manner contrary to the guidance provided herein. Disclose the documents to anyone without proper clearance. Disclose the documents to foreign nationals or transmit said enclosures 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. Compile, execute, reverse engineer, or integrate the provided source code into any commercial or internal contractor systems not directly supporting the development of a proposal for this RFP. Upload the source code, technical data, or PTR data to any public or unauthorized cloud repository, external AI tool, or internet-accessible collaborative environment.

You shall maintain a log of all produced copies (both physical and digital), to whom and when the copies were distributed, and date of destruction. You shall furnish these records upon demand from the Contracting Officer or other authorized Government security officials.