Attachment J-8.1 - Non-Disclosure Non-Use Agreement.pdf

NDA/ NUA

NON-DISCLOSURE AGREEMENT AND NON-USE AGREEMENT

1. Attachments J-1 through J-7 of this Federal Aviation Administration SIR Number 693KA7-AAQ210- DCE (“the SIR”) for the procurement of Airport Surveillance Radar Model 9 (ASR-9) Data Communications Equipment (DCE) Modernization Kits contain technical data that has been deemed as For Official Use Only (FOUO) or Sensitive Security Information (SSI) whose export is restricted by the Arms Export Control Act (Title 22, U.S.C., Section 2751, et seq.) or the Export Administration Act of 1979 (Title 50, U.S.C., App. 2401 et seq.), as amended.

2. The undersigned, as an authorized representative of

(insert company name) (hereinafter "the recipient"), in consideration of being furnished with technical data related to the ASR-9 Family of Radars, hereby agrees that the recipient will only use said data it receives for the purpose of responding to the SIR.

3. Prior to receipt of the export-controlled attachments outlined in Attachment J-8, the recipient shall sign and provide a copy of this Non-Disclosure and Non-Use Agreement to the Federal Aviation Administration contracting officer/office responsible for this SIR per the instructions on page three of this document.

4. The recipient shall not provide or disclose any of the SSI contents of the SIR, including the contents of any attachments, to any other company, person, or entity except recipient's U.S.-based subcontractors (“the subcontractor”) and U.S. based vendors (“vendor”). The recipient and its subcontractors and vendors shall be pre-approved through an FAA Consolidated Employee Screening Process, described in the Attachment 8 to the SIR, prior to receiving access to export-controlled technical data. The recipient agrees that providing or disclosing such data to any such subcontractor or vendor shall be accomplished only for the purpose stated herein, and shall not occur until such subcontractor or vendor has first executed a like Non-Disclosure and Non-Use Agreement. The recipient shall retain a copy of the executed Non-Disclosure and Non-Use Agreement, as stated above, to provide to the FAA upon request. The recipient, its subcontractors and vendors shall not disclose any information in Attachments J-1through J-7 to any Foreign Entities or Foreign Nationals, as defined in the AMS Guidance Section 3.6.4, including Foreign Nationals working within their company, under any circumstance.

5. The recipient acknowledges that this agreement grants it no rights to commercial uses of any such data received pursuant to this agreement.

6. The recipient agrees to adopt operating procedures and physical security measures designed to protect the data from disclosure or release to unauthorized third parties.

7. The recipient agrees to promptly destroy all of the technical data received under the referenced

SIR (and any copies made of such data) when the purpose of this agreement is fulfilled. The recipient further agrees to certify in writing to the Federal Aviation Administration contracting officer/office responsible for this SIR as to the destruction of the data. Included with the return of a certification of destruction, the recipient shall provide to the contracting officer/office responsible for issuance of this SIR a list of the names and addresses of subcontractors and vendors that received a copy of the technical data package or part of the technical data package provided with the SIR referenced herein, and sworn certification that anyone who has seen it has destroyed it and not shared it with anybody else.

8. The recipient agrees to indemnify the United States Government, and its agents and employees, from all liability arising out of, or in any way related to, the misuse or unauthorized disclosure by the recipient, its employees or agents, of any such data it receives. The recipient will hold the United States Government, and its agents and employees, harmless against every such claim or liability, including attorney fees, costs, and expenses, arising out of the misuse or unauthorized disclosure of any such data supplied to the recipient hereunder.

9. Notwithstanding the foregoing, any obligation of confidentiality by this agreement shall not extend to export controlled data:

(i) Which is legally and without restriction in the possession of recipient, its employees, agents or contractors prior to the date of receipt hereunder from the Federal Aviation Administration;

(ii) Which enters the public domain at any time through no fault of the recipient, its employees, agents or contractors; or

(iii) Which is disclosed by a third party without restriction or without breach of this agreement and without inducement by the recipient or the Government of such party to breach any agreement or obligation of confidentiality.

Signature:

Name of Recipient Organization

Signature Date

Typed Name

Title

Address of Recipient Organization

SIR Number 693KA7-AAQ210-DCE

If the authorized signatory is signing electronically, signatures must comply with the E-Sign Act (Title 15, U.S.C., Sec 7001, et seq.), and an electronically signed copy of Non-Disclosure and Non-Use Agreement must be provided to Krystalyn Wacyra, Contract Specialist via email at Krystalyn.Wacyra@faa.gov, and to Linda Applewhite, Contracting Officer, via email at Linda.Applewhite@faa.gov.

mailto:Krystalyn.Wacyra@faa.gov mailto:Linda.Applewhite@faa.gov

If the authorized signatory is signing electronically, signatures must comply with the E-Sign Act (Title 15, U.S.C., Sec 7001, et seq.), and an electronically signed copy of Non-Disclosure and Non-Use Agreement must be provided to Krystalyn Wacyra, Co...