Non_Disclosure_Agreement_ARSR4R_HI.pdf

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Attached to
AIR ROUTE SURVEILLANCE RADAR VERSION 4 REPLACEMENT- HAWAII (ARSR4R-HI) Problem Statement
Solicitation number
A013572-05
Issued by

About this file

This document is a Non-Disclosure Agreement (NDA) related to a federal contract opportunity for the Air Route Surveillance Radar Version 4 Replacement - Hawaii (ARSR4R-HI) program. The NDA outlines the requirements for accessing and safeguarding sensitive information marked as Not Releasable to Foreign Nationals (NOFORN), which includes intelligence-related data. The recipient must be a U.S. citizen with a need-to-know and appropriate security clearance. They are prohibited from disclosing the NOFORN information to any foreign entities without prior written approval. The recipient must also ensure their subcontractors or suppliers sign a similar NDA before being granted access. The NDA is effective until the Ultimate Contract Completion Date and the obligations continue beyond the expiration or termination of the agreement.

The related federal contract opportunity is for the ARSR4R-HI program, which is a solicitation for Phase 1. The government intends to release a Problem Statement for this phase on August 5, 2024. Interested offerors must submit various documentation, including a company CAGE code, facility security clearance, SIPR email address, classified mailing address (if SIPR unavailable), signed NDA, and NOFORN safeguarding plan prior to receiving the solicitation documents. Proposals are due by September 18, 2024. The Department of the Air Force Materiel Command Lifecycle Management Center is the procuring agency.

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Non-Disclosure Agreement (NDA)

Recipient Name:

CAGE Code:

Program Name:

1. In addition to any other classification and distribution restrictions associated with information on the program above and the required facility clearance and safeguarding measures, the Recipient acknowledges that by requesting access to solicitation documentation associated with the program above the Recipient may have access to the following types of information:

a. Not Releasable to Foreign Nationals (NOFORN or NF): An intelligence control marking used to identify intelligence-related information which an originator has determined falls under the criteria of Intelligence Community Directive (ICD) 710 and may not be provided in any form to foreign governments, international organizations, coalition partners, foreign nations, or immigrant aliens without foreign disclosure approval.

2. The Recipient does solemnly swear or affirm that the Recipient will not divulge, publish, or reveal by word, conduct, or any other means, such information or knowledge described above to any foreign governments, international organizations, coalition partners, foreign nations, or immigrant aliens without foreign disclosure approval. The Recipient takes this obligation freely, without any mental reservation or purpose of evasion and in the absence of duress. These provisions are consistent with and do not supersede, conflict with, or otherwise alter the Recipient's obligations, rights, or liabilities created by existing statute or Executive order relating to (1) classified information, (2) communications to Congress, (3) the reporting to an Inspector General of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, or (4) any other whistleblower protection. The definitions, requirements, obligations, rights, sanctions, and liabilities created by controlling Executive orders and statutory provisions are incorporated into this agreement and are controlling.

3. The Recipient acknowledges that the information it receives will be given only to persons who have been verified to be U.S. citizens, specifically granted access to the program information, and who meet all additional classification and need-to-know requirements, and may not be further divulged without specific prior written approval from an authorized individual.

4. If, at any time during pre-solicitation, pre-award, and post-award work for the program above, the Recipient has knowledge of unlawful disclosure of the types of information described in paragraph 1.a., the Recipient will immediately report the circumstances to the applicable Program Manager and Agreements or Contracting Officer.

5. The Recipient shall require its subcontractors or suppliers, or prospective subcontractors or suppliers, to sign a use and non-disclosure agreement prior to disclosing or releasing the types of information described in paragraph 1.a. to such persons. Such agreement must be consistent with the terms of this agreement.

6. The Recipient agrees to adopt or establish operating procedures and physical security measures designed to protect the types of information described in paragraph 1.a from inadvertent release or disclosure to unauthorized third parties.

7. This Agreement shall be effective for the period commencing with the Recipient's execution of this Agreement and ending upon the Ultimate Contract Completion Date. The obligations imposed by this Agreement shall survive the expiration or termination of the Agreement.

8. The Recipient agrees to destroy the types of information described in paragraph 1.a, and all copies of such information in its possession, no later than 30 days after the date shown in paragraph (7) of this Agreement, to have all persons to whom it released the information do so by that date, and to notify the Government that the information has been destroyed.

Signature: Date:

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/af_afmc/affars/5303.htm#P21_564 http://www.usoge.gov/forms/form_450.aspx http://www.dtic.mil/whs/directives/corres/pdf/550007p.pdf http://www.usoge.gov/forms/oge278.aspx http://www.dtic.mil/whs/directives/corres/pdf/550007p.pdf http://www.usoge.gov/forms/oge278.aspx 1568152057C Highlight

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Template_NDA_NoDFARS
Template_NDA_NoDFARS2
Date:
Offeror Name:
CAGE code:
Program: ARSR4R-HI

File details come from the government source that posted it. Updated .