Solicitation 7005-29 (N6247326RF011)
Access to the bid documents requires a signed Government Non-Disclosure Agreement. Complete and sign below - you get access immediately.
You are signing two documents. Read both before you sign - blank copies: NAVFAC SW Non-Disclosure Agreement (PDF) and RES CUI Flow-Down Addendum (PDF). The full text of both appears below, and you can download your executed copies of each after signing.
Document 1 - NAVFAC SW Non-Disclosure Agreement (the Government's agreement)
NAVFAC SW NON-DISCLOSURE AGREEMENT
Controlled Unclassified Information (CUI) Categories for Demolition and Consolidation of PWD Facilities at Marine Air Ground Task Force Training Command (MAGTFTC) and Marine Corps Air Ground Combat Center (MCAGCC) in Twentynine Palms, CA
I, [your name below], an individual official, employee, consultant, or subcontractor of or to NAVFAC Southwest (the authorized non-Federal entity), intending to be legally bound, consent to the terms in this agreement in consideration of being granted access to Controlled Unclassified Information, specified below. Signer acknowledges the category or categories of information that they may have access to, and the signer's willingness to comply with the standards for protection, by placing their initials in front of the applicable category or categories.
As used in this agreement and as defined in 32 CFR Part 2002, Controlled Unclassified Information (CUI) is information the Government creates or possesses, or that an entity creates or possesses for or on behalf of the Government, that a law, regulation, or Government-wide policy (LRGWP) requires or permits an agency to handle using safeguarding or dissemination controls. However, CUI does not include classified information or information a non-executive branch entity possesses and maintains in its own systems that did not come from, or was not created or possessed by or for, an executive branch agency or an entity acting for an agency.
The LRGWP may require or permit safeguarding or dissemination controls in three ways: (1) Requiring or permitting agencies to control or protect the information but providing no specific controls, which makes the information CUI Basic; (2) Requiring or permitting agencies to control or protect the information and providing specific controls for doing so, which makes the information CUI Specified; or (3) Requiring or permitting agencies to control the information and specifying only some of those controls, which makes the information CUI Specified, but with CUI Basic controls where the authority does not specify.
I attest that I am familiar, and will comply, with the standards for accessing, disseminating, handling, and safeguarding the information to which I am granted access as cited in this agreement and in accordance with 32 CFR Part 2002, applicable LRGWP, and with the guidance provided to me by NAVFAC SW relative to the category of information.
I understand and agree to the following conditions for access to the information indicated above:
1. Non-disclosure: I agree to not disclose any CUI to which I am granted access to anyone who, or anything that, is not granted such access pursuant to an applicable lawful Government purpose. I understand my responsibilities to protect and not disclose CUI except for, and to people with, an appropriate lawful Government purpose. To ascertain whether someone or something is authorized access, pursuant to an applicable lawful Government purpose, to CUI that is under my control or in my possession, I will do so according to 32 CFR Part 2002, NAVFAC SW guidance, and applicable LRGWP.
2. Scope of CUI: I understand that the CUI to which I am granted access includes any CUI I create or use on behalf of or for the Government, CUI I receive from the Government to maintain, handle, transmit, or use (for research, in derivative documents, etc.), or CUI originating from another source (such as CUI generated for the Government by a contractor or research entity).
3. Training: I acknowledge that I have undergone training concerning the nature and protection of the CUI to which I have been provided access, including procedures to follow in ascertaining whether other people to whom I contemplate disclosing this information are approved to access it pursuant to an appropriate lawful Government purpose, and that I understand this training and these procedures.
4. Security/control: I am obligated to protect CUI to which I am granted access from unauthorized disclosure, in accordance with the terms of this agreement, 32 CFR Part 2002, NAVFAC SW guidance, and the LRGWP applicable to the specific categories of CUI to which I am granted access.
5. Reporting breaches: I agree that I shall promptly report to appropriate officials, in accordance with the guidance issued for the applicable category of CUI, any unauthorized disclosure that I have knowledge of whether or not I am personally involved. I also understand that my anonymity will be preserved to the extent possible when reporting such violations.
6. Time: I understand that all conditions and obligations imposed upon me by this agreement apply during the time I am granted access to CUI, and at all times thereafter while such information remains controlled. These conditions and obligations may no longer apply if I am explicitly released in writing by an authorized representative of NAVFAC SW or the United States Government.
7. Breach: If I violate the terms and conditions of this agreement, such violation may result in cancellation of my access to CUI, and, depending upon the LRGWP that governs the CUI, may result in civil and criminal sanctions. This may also serve as a basis for denying me access to other types of information under NAVFAC SW's control.
8. Assignee: I assign to the United States Government all royalties, remunerations, and emoluments that have resulted, will result, or may result from any disclosure, publication, or revelation of CUI to which I am granted access that is inconsistent with the terms of this agreement.
9. Remedies: This agreement is made and intended for the benefit of the United States Government and may be enforced by the United States Government or the authorized non-Federal entity. By granting me access to CUI in this context, the United States Government may seek any remedy available to it to enforce this agreement, including, but not limited to, application for a court order prohibiting disclosure of CUI in breach of this agreement. I understand that if I violate the terms and conditions of this agreement, I could be subjected to administrative, disciplinary, civil, or criminal action, as appropriate, under the LRGWP applicable to the category of CUI involved, and neither the United States Government nor the non-Federal authorized entity have waived any statutory or common law evidentiary privileges or protections that they may assert in any administrative or court proceeding to protect any CUI to which I have been given access under the terms of this agreement.
10. Severability: Each provision of this agreement is severable. If a court should find any provision of this agreement to be unenforceable, all other provisions shall remain in full force and effect.
11. Other agreements: My execution of this agreement shall not nullify or affect in any manner any other secrecy or non-disclosure agreement(s) that I have executed or may execute with NAVFAC SW, the United States Government, or any of its other departments or agencies.
12. Signing this agreement does not bar disclosures as required by superseding authorities of existing or future LRGWP.
13. I read this agreement carefully and my questions, if any, were answered. I acknowledge that NAVFAC SW has made available to me any agency guidance, LRGWP, or other laws, regulations, or directives referenced in this agreement so that I may read them at this time, if I so choose.
I make this agreement in good faith, without mental reservation or purpose of evasion.
Document 2 - RES CUI Flow-Down Addendum (Resource Environmental's terms)
RESOURCE ENVIRONMENTAL SERVICES, LLC - SUBCONTRACTOR CUI FLOW-DOWN ADDENDUM
1. Purpose. This Addendum states the cybersecurity obligations that apply to any subcontractor that receives, stores, processes, or transmits Controlled Unclassified Information (CUI) or Federal Contract Information (FCI) in connection with this solicitation, so that you understand these requirements before you price the work. Project: Demolition and Consolidation of PWD Facilities, MCAGCC Twentynine Palms, CA. Solicitation 7005-29 (N6247326RF011), under NAVFAC Southwest MACC N62473-24-D-5220.
2.1 Requirement flows down. The prime contract currently requires compliance with the Cybersecurity Maturity Model Certification (CMMC) program under DFARS 252.204-7021. This requirement flows down to Subcontractor. DFARS 252.204-7012, 252.204-7019, 252.204-7020, and 252.204-7021 apply to Subcontractor's performance.
2.2 Level determined by the data handled. The CMMC level Subcontractor must hold is determined by the CUI and FCI that Subcontractor actually receives, stores, processes, or transmits on its own information systems, in accordance with 32 CFR 170.23.
2.3 Classification is subject to change. The applicable CMMC requirements are set by the Government and by the phased implementation of the CMMC program, and are subject to change. The required level may fall under any applicable classification, including CMMC Level 1 or CMMC Level 2, and may change as the Government revises the program, the prime contract, or the task order. Subcontractor agrees to meet the applicable requirement as it exists from time to time.
2.4 SPRS self-assessment. Where required, Subcontractor shall perform and post the applicable self-assessment in the Supplier Performance Risk System (SPRS) and shall provide RES, on request, its current status, CMMC Unique Identifier (UID), and CAGE code.
2.5 No additional compensation. Achieving and maintaining the applicable CMMC status, performing any required self-assessment, and complying with this Addendum are obligations of Subcontractor at its own cost. No additional compensation, price adjustment, or time extension will be provided for compliance with these requirements. Subcontractor should account for these costs in its bid.
2.6 Post-award access at your own cost. If, after award, Subcontractor requires access to CUI and does not then hold at least a CMMC Level 2 self-assessment, Subcontractor is responsible for obtaining and maintaining that status at its own cost as a condition of that access. No additional compensation, price adjustment, or time extension will be provided.
3.1 One signature per firm - and what the signer takes on. The Government requires only one signed Non-Disclosure Agreement per firm. The individual who signs does so on behalf of the entire firm and becomes responsible for everyone at that firm who touches the controlled documents. The signer must ensure that every other person at the firm who is given access complies with all terms of the NDA and this Addendum, that access is limited strictly to those with a genuine need to know for this bid, and that no one at the firm discloses, forwards, or re-shares CUI to anyone outside it.
3.2 Need to know. Subcontractor shall limit access to CUI to those of its personnel who require it to perform the work, and shall grant access only on a need-to-know basis.
3.3 No further dissemination. Subcontractor shall not disclose, transmit, forward, publish, reproduce, or otherwise disseminate CUI to any person or entity, including its own lower-tier subcontractors, suppliers, or consultants, without prior written authorization from RES.
3.4 No insecure transmission or sharing. Subcontractor shall not transmit CUI, or provide access to CUI, by any insecure means, and shall not post CUI to or share it through public file-sharing services, personal cloud storage, personal email, or any public or non-secured sharing link.
3.5 Use the RES secure environment. Subcontractor shall access CUI only through the secure environment RES provides and shall comply with the access, authentication, and handling controls RES imposes.
3.6 Lower-tier subcontractors - how you may share. Subcontractor shall not forward, copy, re-host, or otherwise transmit CUI to any lower-tier subcontractor, supplier, or consultant. If a lower-tier party needs the controlled documents, Subcontractor shall direct that party to https://29palms.resenvsec.com to execute this same Non-Disclosure Agreement and receive their own controlled access directly from RES. Subcontractor shall identify each such lower-tier party to RES in advance and remains responsible for their compliance.
3.7 Addenda and completeness. RES posts all bid documents to this library for convenience, both controlled and non-controlled. RES cannot guarantee that every addendum or revision will be posted here. Subcontractor is responsible for obtaining all addenda and remains responsible for bidding the complete, current document set. Monitor the RES plan room at planroom.resourceenvironmental.com, which is the authoritative source for addenda.