Attachment 2 NDA.pdf

ATTACHMENT 2 Solicitation: W911QY21R0041

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 near-infrared (NIR) and visible (VIS) wavelengths and optical density (OD) requirements (hereafter referred to as Requirements) for laser eye protection (LEP) for use in responding to Solicitation W911QY21R0041.

The Requirements are requested by Recipient in order to provide a response to Solicitation W911QY21R0041 and, if selected for award, 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 W911QY21R0041 and any contract resulting from it. 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 unless authorized in advanced and in writing 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 CUI documents in accordance with Title 32 CFR Part 2002, Controlled Unclassified Information, and DoD Instruction 5200.48, Controlled Unclassified Information, 6 March 2020. . Non-record CUI 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)

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)

Near-infrared (NIR) and visible (VIS) wavelengths and optical density (OD) requirements (hereafter referred to as Requirements) for laser eye protection (LEP) for use in responding to Solicitation W911QY21R0041.