Attachment 0002 Non Disclosure Agreement.pdf
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- Solicitation number
- W15QKN-21-R-0017
About this file
This document includes a non-disclosure agreement and information on a related federal contract opportunity. The non-disclosure agreement is between a contractor and the Project Manager Maneuver Ammunition Systems regarding technical data for the M724A2 program. It specifies that the contractor can only use the data to prepare a proposal for solicitation W15QKN-21-R-0017 and cannot disclose the data to any third parties.
Solicitation W15QKN-21-R-0017 is seeking to manufacture, test and deliver 105mm M724A2 Target Practice Discarding Sabot with Tracer cartridges for use in the 105mm M68 gun on Stryker vehicles. The solicitation is full and open but load assembly and pack and deep drawn cartridge cases will be restricted to US and Canada sources. The contractor must provide all labor, materials and equipment. The period of performance is 24 months from award with deliveries required during that time. The Department of the Army Materiel Command Contracting Command at Picatinny Arsenal is the issuing agency.
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Text version
DEPARTMENT OF THE ARMY
OFFICE OF THE PROJECT MANAGER
MANEUVER AMMUNITION SYSTEMS
PICATINNY, NJ 07806-5000
Program Name: M724A2
NON-DISCLOSURE AND NON-USE AGREEMENT
This Non-Disclosure and Non-Use Agreement (hereinafter “NDA”) is made by the Recipient Organization, [Company Name] (hereinafter “Recipient”), having a principal place of business at [Principal Place of Business], with the Project Manager Maneuver Ammunition Systems, Picatinny Arsenal, New Jersey 07806-5000 (hereinafter “PM-MAS”). Recipient has requested that PM-MAS supply Recipient with a copy of technical data, software, and other information (as described in the Appendix), for use in relation to the M724A2] program. (hereinafter collectively referred to as “Data”). In consideration for PM-MAS agreeing to supply the Data to the Recipient, the Recipient hereby agrees to the following:
1. Recipient warrants that the Data shall only be used for the express purpose of preparing a proposal in response to W15QKN-21-R-0017, and for no other purpose.
2. Recipient shall not disclose the Data to any third party, which includes any subcontractors.
Recipient shall immediately notify PM-MAS in writing if Recipient becomes aware of any disclosure of the Data in violation of the express terms of this NDA.
3. Recipient’s use of the Data shall be subject to the following Legend, as well as any other restrictions or markings on the Data. Recipient shall not remove or alter any such restrictions or markings, and the restrictions or markings shall appear on any reproduction of all, or of any portion of, the Data. Recipient shall adopt physical security measures to prevent improper use or disclosure of the Data.
RESTRICTED ACCESS DATA
U.S. ARMY TECHNICAL INFORMATION
THIS DOCUMENT CONTAINS INFORMATION THAT IS THE PROPERTY OF THE UNITED STATES ARMY, PICATINNY ARSENAL. ALL RIGHTS ARE RESERVED TO THE UNITED STATES ARMY, PICATINNY ARSENAL ONLY.
THIS INFORMATION SHALL NOT BE USED FOR ANY PURPOSE OTHER THAN THOSE FOR WHICH IT WAS FURNISHED, NOR DISTRIBUTED OR REPRODUCED OR REVEALED IN ANY MANNER TO PERSONS OTHER THAN THE INDIVIDUALS OR ORGANIZATIONS SPECIFIED THEREIN. THIS LEGEND MUST BE INCLUDED ON ANY
REPRODUCTION, IN WHOLE OR IN PART, OF THIS MATERIAL.
4. The non-disclosure and non-use obligations within this NDA shall be obligations of both Recipient itself and the individuals who are officers, directors, or employees of Recipient, as well as any other business entity that Recipient owns or controls.
5. If Recipient receives any physical models, samples or experimental apparatus for use or evaluation, Recipient agrees not to reverse engineer such items, nor to disassemble them to discover or understand their design, for any unauthorized use of the Data.
6. Recipient shall promptly return all the Data, including all copies in whatever form or embodiment, to PM-MAS upon request. The Data and all inventions embodied within it, either in whole or in part, shall at all times remain the property of the U.S. Government. Any improvements made by Recipient to the Data and all inventions embodied within it shall become the exclusive property of the U.S. Government.
7. Recipient shall adhere to the Export Laws of the United States, and obey the U.S. Army's directives regarding non-export and non-disclosure of the Data (including any items created by utilizing the Data), even if Recipient's facility may not be located within the United States of America.
8. No license is granted to Recipient by this NDA. No representation or warranty is made or given as to the safety or suitability of any of the Data provided, or of items or processes derived in whole or in part from the Data. No representation or warranty is made or given as to the existence or possibility of any
DEPARTMENT OF THE ARMY
OFFICE OF THE PROJECT MANAGER
MANEUVER AMMUNITION SYSTEMS
PICATINNY, NJ 07806-5000
intellectual property rights claims in the Data, including but not limited to patent, copyright and trade secret claims.
9. Recipient understands that any unauthorized use or disclosure of the Data in violation of this NDA will be subject to any administrative, civil or criminal remedies authorized by law.
10. This NDA shall become effective on the date executed.
RECIPIENT ORGANIZATION
Authorized Signature
Typed Name / Title
Date
Contact Number / Email
APPENDIX
Description of the Data covered by this NDA:
1. MIL-PRF-3213
2. MIL-PRF-3215
3. Dwg-13008767
4. Dwg-13008770
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