20R1690 SWIR NDA.pdf

NON-DISCLOSURE AND NON-USE AGREEMENT

This non-disclosure and non-use agreement (hereafter also referred to as “NDA”) is made by a recipient

Organization, ______________________________ (hereafter referred to as the "Recipient" or

“Recipient Organization”), with the U.S. Department of Defense (hereafter referred to as DoD).

Recipient has asked the DoD to supply Recipient with a copy of short wave infrared (SWIR) reflectance requirements (hereafter referred to as Requirements) for certain fabrics printed with Department of

Defense (DoD) camouflage patterns for use in responding to RFP _______. The Requirements are requested by Recipient in order to provide a response to RFP________ and, if selected for award if a solicitation is posted, for use in the performance if any resultant contract. In consideration of the DoD agreeing to furnish such Requirements to Recipient for such purposes, the Recipient hereby agrees to the following:

1. Recipient warrants that the Requirements shall only be used for the purposes requested. Recipient warrants that it shall not use, modify, reproduce, or display any portion of the Requirements for any purpose other than to support solicitation response and any contract resulting from a potential solicitation. Recipient warrants that it will not use the Requirements in any other commercial or government solicitations/efforts unless otherwise approved to do so in writing by the DoD.

2. Recipient warrants that it will not divulge the Requirements or communication information that discloses the Requirements to third parties that were not authorized by the DoD.

3. Recipient understands the Requirements shall be subject to the legend in the Attachment to this

Agreement and agrees the Recipient:

a. Will comply with the restrictions contained within any other restrictive legend appearing on said Requirements.

b. Shall not remove any legends associated with said Requirements.

c. Will retain the legends which shall appear on any reproduction by Recipient of all, or of any portions of the Requirements.

d. Shall adopt physical security measures to prevent improper use of or divulgence of the

Requirements.

4. Recipient understands that if Requirements, in any form, are intended to be released to any subcontractors, the sub-contractor must sign this agreement directly with the DoD prior to receiving

Requirements.

5. The government retains Unlimited Data Rights to all Requirements and modification works of

Requirements. If any Requirements and copies thereof are not returned to U.S. Government, the

Recipient shall destroy record copies of FOUO documents in accordance with AR 25-400-2. Non-record

FOUO documents can be destroyed by shredding or tearing into pieces and discarding the pieces in regular trash containers via AR 380-5.

6. It is understood and accepted that the obligations of non-use and non-disclosure herein shall be obligations of Recipient itself and persons who are officers, directors, or employees thereof, and also any other business entity that Recipient owns or controls.

7. Recipient shall conform to the Export Laws of the United States, and obey the DoD's directives regarding non-export and nondisclosure of said Requirements (or items manufactured by utilizing same) even if Recipient's facility may not be located within the United States of America. Data is export controlled and restricted by the following:

WARNING - This document contains technical data whose export is restricted by the Arms Export

Control Act (Title 22, U.S.C., Sec 2751, et seq.) or the Export Administration Act of 1979 (Title 50, U.S.C., App. 4601 et seq.), as amended. Violations of these export laws are subject to severe criminal penalties.

Disseminate in accordance with provisions of DoD Directive 5230.25.

8. No license is provided to Recipient by the provision of Requirements under this Agreement. No representation or warranty is made or given as to the safety or suitability of any Requirements which may be provided hereunder or of items or processes made there from. No representation or warranty is made or given as to the existence or possibility of any intellectual property rights claims in said

Requirements, including but not limited to patent, copyright and trade secret claims.

9. Final determination for the release of Requirements is held by the DoD.

FOR RECIPIENT ORGANIZATION

By: _______________________________

(Authorized Signature)

(Typed Name-Title)

(Date)

(Name of Recipient Organization)

(Address of Recipient Organization)

(Home Address of Signatory)

Solicitation: ______________

CONCURRENCE:

Contracting Officer

ATTACHMENT

(Legend)

RESTRICTED ACCESS DATA

U.S. Department of Defense TECHNICAL INFORMATION

THIS DOCUMENT CONTAINS TECHNICAL DATA THAT ARE THE PROPERTY OF THE UNITED STATES

DEPARTMENT OF DEFENSE. ALL RIGHTS ARE RESERVED TO THE DOD ONLY. THESE TECHNICAL DATA

SHALL NOT BE USED FOR ANY PURPOSE OTHER THAN THOSE FOR WHICH FURNISHED NOR DISTRIBUTED

OR REPRODUCED OR ANY PART THEREOF REVEALED IN ANY MANNER TO PERSONS OTHER THAN THE

INDIVIDUALS OR ORGANIZATIONS SPECIFIED HERE WITH TO RECEIVE THEM. THIS LEGEND MUST BE

INCLUDED ON ANY REPRODUCTION OF THIS MATERIAL OR PORTIONS THEREOF.

APPENDIX

(Listing here below, of the DATA being released under this NDA)

SWIR Reflectance targets for fabric printed with Desert Marine Corps Pattern (MARPAT), Woodland

MARPAT or the Marine Corps Coyote (Solid Color)