Att 3 NexGen MCCUU SWIR NDA_Attachment for RFQ.pdf

Next Generation Marine Corps Combat Utility Uniform

NON-DISCLOSURE AND NON-USE AGREEMENT

IN ORDER TO OBTAIN SHORT WAVE INFRARED (SWIR)

TARGET VALUES AND TOLERANCES

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"), 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 the purpose of assessing the Recipient’s capability to satisfy the Requirements and to respond to any future Solicitation for the Next Generation Marine Corps Combat Utility Uniform (NexGen MCCUU). 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 its internal capability assessment; to prepare a response to a potential solicitation for the NexGen MCCUU;

and to perform a 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 communicate 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.

e. Shall provide adequate security on all unclassified information systems that are owned, or operated by or for the Recipient that will process, store, or transmit the Requirements. To provide adequate security, the Contractor shall implement, at a minimum, the security requirements in National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, “Protecting Controlled Unclassified

Information in Nonfederal Information Systems and Organizations” (available via the internet at https://csrc.nist.gov/CSRC/media/Publications/sp/800-171/rev- 1/archive/2016-12-20/documents/sp800-171r1-20161220.pdf).

4. Recipient understands that if the 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 the Requirements and any modification of the Requirements. If the Requirements and copies thereof are not returned to U.S. Government, the Recipient shall destroy record and non-record copies in accordance with the guidance for destroying Controlled Unclassified Information contained within DoDI 5200.48, Controlled Unclassified Information (CUI), and AR 25- 400-2, Army Records Management Program. Non-record copies can be destroyed by any means making the original information unreadable, indecipherable, and unrecoverable such as those identified in NIST SP 800-88, Guidelines for Media Sanitization, and in accordance with Section 2002.14 of Title 32, CFR. Physical non-record copies may be destroyed by shredding and discarding the pieces in regular trash containers.

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 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 (Section 2751 of Title 22, United States Code) or the Export Control Reform Act of 2018 (Chapter 58 Sections 4801-4852 of Title 50, United States Code). Violations of these export laws are subject to severe criminal penalties. Disseminate in accordance with provisions of DoD Directive 5230.25 and DoD Instruction 2040.02.

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.

https://csrc.nist.gov/CSRC/media/Publications/sp/800-171/rev-1/archive/2016-12-20/documents/sp800-171r1-20161220.pdf https://csrc.nist.gov/CSRC/media/Publications/sp/800-171/rev-1/archive/2016-12-20/documents/sp800-171r1-20161220.pdf

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)

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 GOVERNMENT. 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 DOCUMENT CONTAINS TECHNICAL DATA WHOSE EXPORT IS

RESTRICTED BY THE ARMS EXPORT CONTROL ACT (SECTION 2751

OF TITLE 22, UNITED STATES CODE) OR THE EXPORT CONTROL

REFORM ACT OF 2018 (CHAPTER 58 SECTIONS 4801-4852 OF TITLE

50, UNITED STATES CODE). VIOLATIONS OF THESE EXPORT LAWS

ARE SUBJECT TO SEVERE CRIMINAL PENALTIES. DISSEMINATE IN

ACCORDANCE WITH PROVISIONS OF DOD DIRECTIVE 5230.25 AND

DOD INSTRUCTION 2040.02.

APPENDIX – DATA being released under this NDA

Short Wave Infrared Signature Reducing (SWIR) validated target reflectance values, and technical data related thereto, for fabric printed with Desert Marine Corps Pattern

(MARPAT) or Woodland MARPAT.