Distribution Agreement AGATCS SDP.docx

DISTRIBUTION AGREEMENT FOR

THE ARMY GROUND AERIAL TARGET CONTROL SYSTEM (AGATCS) SUPPORT DEVELOPMENT PRODUCTION (SDP) SOLICITATION W900KK-20-R-0020

Army Ground Aerial Target Control System (AGATCS) Support Development Production (SDP) Government Furnished Information. The Government Furnished Information (GFI) for the AGATCS SDP requirement is available to responsible contractors that are eligible to receive award of a DoD contract; who are currently U.S. DoD Contractors; and that intend to submit proposals in response to the U.S. Army Contracting Command – Orlando Request for Proposals (RFP). AGATCS SDP documents in this release include:

SEE AGATCS SDP Solicitation Attachment 1, 2, & 5

Purpose: Use of the GFI listed herein is limited to proposal preparation and submission by U.S. DoD Contractors responding to solicitation W900KK-20-R-0020. Rights granted herein will expire on 29 July 2021.

THE GFI RELEASED UNDER THIS AGATCS SDP DISTRIBUTION AGREEMENT WILL ONLY BE DISTRIBUTED BY THE GOVERNMENT TO PRIME CONTRACTORS.

PRIME CONTRACTORS, (ALSO KNOWN AS THE OFFEROR), MUST REQUEST AND RECEIVE WRITTEN APPROVAL FROM THE GOVERNMENT TO FURTHER RELEASE GFI TO THEIR SUBCONTRACTORS AT ALL TIERS/LEVELS. THEREFORE, WHEN SUBMITTING THIS AGATCS SDP T DISTRIBUTION AGREEMENT EACH OFFEROR/PRIME CONTRACTOR MUST SUBMIT A LIST OF ALL SUBCONTRACTORS AND A CURRENT DD FORM 2345 THAT HAS BEEN APPROVED BY THE DEFENSE LOGISTICS AGENCY (DLA) JOINT CERTIFICATION PROGRAM (JCP) FOR EACH SUBCONTRACTOR.

WHEN WRITTEN APPROVAL IS RECEIVED FROM THE GOVERNMENT TO FURTHER RELEASE GFI TO THEIR SUBCONTRACTORS, OFFERORS MUST FLOW DOWN A COPY OF THEIR APPROVED AGATCS SDP DISTRIBUTION AGREEMENT TO EACH SUBCONTRACTOR WHEN GFI IS DISTRIBUTED.

PRIME CONTRACTORS AND THEIR SUBCONTRACTORS ARE RESPONSIBLE FOR COMPLYING WITH ALL TERMS AND CONDITIONS IN THIS AGATCS SDP DISTRIBUTION AGREEMENT.

By completing and signing this distribution agreement, the U.S. DoD Contractor certifies they shall ensure strict compliance with all requirements and limitations stipulated herein.

DISTRIBUTION AGREEMENT FOR

THE ARMY GROUND AERIAL TARGET CONTROL SYSTEM (AGATCS) SUPPORT DEVELOPMENT PRODUCTION (SDP) SOLICITATION W900KK-20-R-0020

The AGATCS SDP documents will be provided upon request and the approval granted using this form. The U.S. DoD Contractor shall submit a completed distribution agreement to Dr. Rosa Rivera, Contract Specialist, at rosa.i.rivera4.civ@mail.mil

Requests will be considered until the GFI List is superseded, or upon notification of a cancellation of the AGATCS SDP requirement.

All communications and deliveries regarding this AGATCS SDP Distribution Agreement shall be through the Procuring Contracting Officer or designated Contract Specialist(s)

REQUEST FOR AGATCS SDP GOVERNMENT FURNISHED INFORMATION

Requesting Prime Contractor’s Organization Name:

Address:

Telephone: E-Mail:

CAGE: DUNS:

Requesting U.S. Department of Defense (DoD) Contractor Authorized Point Of Contact (POC):

Name (Please Print): Date:

Telephone: E-Mail:

Alternate Requesting U.S. Department of Defense (DoD) Contractor Authorized POC:

Name (Please Print): Date:

Telephone: E-Mail:

I hereby agree to the terms and conditions of this distribution agreement and will utilize the AGATCS SDP GFI, only for the purpose/use described herein. I understand that storing, processing or transmitting this export controlled material via any public electronic medium is strictly prohibited.

SIGNATURE:

(Requesting Company’s Contracting Manager)

Date:

In accordance with DoDI 5230.24, export-controlled items marked Distribution Statement D shall not be disseminated outside the U.S. Government or to U.S. Government contractors without first verifying the recipient’s eligibility and authority to receive export-controlled information by verifying they have a current, valid DD Form 2345. Each U.S. DoD Contractor must submit a valid DD Form 2345 with their request.

RELEASE AUTHORIZATION TO U.S. DoD CONTRACTOR

AGATCS SDP GFI is authorized to be released to the U.S. DoD Contractor identified above for the stated purpose. It is hereby certified that the expiration limits identified above are correct and the identified U.S. DoD Contractor requires the GFI for the aforementioned purpose.

Date:

Name:

Telephone: E-Mail:

Signature:

Issuing Office ACC-Orlando, Contracting Officer Date

U.S. GOVERNMENT CONTROLLING DOD OFFICE APPROVAL

The above request is approved for the purposes stated by the requestor. Signature:

(PEO STRI Project Manager, or designated Government Representative) Date

1. Definitions:

a. Controlling DoD Office. The DoD activity that generated the GFI for AGATCS SDP or received the GFI on behalf of the DoD and has the inherently governmental responsibility for determining the distribution of the GFI. For joint sponsorship, the Controlling Office is determined by advance agreement and may be a party, group, or committee representing the interested activities or DoD Components. Only the Controlling Office [Threat System Management Office (TSMO)], or higher authority may authorize distribution beyond the distribution statement.

b. DoD Potential Contractor. An individual or organization outside the DoD approved and certified by a sponsoring DoD activity as “eligible for DoD technical information services” under a DoD Component potential contractor program. This may be based on participation in any similar DoD Component program. The DoD Components without a formal potential contractor program may certify a contractor based on a company’s legitimate business relationship as defined DoDD 5230.25, entitled Withholding of Unclassified Technical Data From Public Disclosure. The sponsoring DoD activity shall be reasonably assured that this individual or organization may benefit by their access to Defense technical information in their understanding of and for responding to a DoD acquisition.

c. Issuing DoD Office. DoD activity that releases the GFI for AGATCS SDP on behalf of the Controlling DoD Office and monitors or enforces compliance with this Distribution Agreement. (ACC-ORL)

d. ACC-ORL. U.S. Army Contracting Command – Orlando.

e. PM. Program Manager. Threat System Management Office (TSMO)

f. Procuring Contracting Officer. Person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.

g. U.S. DoD Contractor. Those U.S. Contractors currently holding grants or contracts with the Department of Defense.

2. The AGATCS SDP GFI are marked with one or more of the following restrictions:

DISTRIBUTION STATEMENT D. UNCLASSIFIED // DISTRIBUTION STATEMENT D.

Distribution authorized to Department of Defense and U.S. DoD contractors only. February 20, 2020. Other requests for this document shall be referred to Army Contracting Command-Orlando.

EXPORT CONTROL WARNING - THIS DOCUMENT CONTAINS TECHNICAL DATA WHOSE EXPORT IS RESTRICTED BY THE ARMS EXPORT CONTROL ACT (TITLE 22, USC Sec 2751, et.seq.). OR THE EXPORT ADMINISTRATION ACT OF 1979, AS AMENDED (TITLE 50, USC App 2401 et.seq). VIOLATIONS OF THESE EXPORT LAWS ARE SUBJECT TO SEVERE CRIMINAL PENALTIES. DISSEMINATION IN ACCORDANCE WITH PROVISIONS OF DoD DIRECTIVE 5230.25.

3. Subject to approval by the Issuing DoD Office, the AGATCS SDP GFI may be used for the purpose(s) stated with the following general conditions (Initials must be hand- written):

a. The AGATCS SDP GFI will be handled and maintained in accordance with the following restrictions (as applicable): For Official Use Only, Distribution Statement D, Export Control, and Army Regulation 380-5 requirements. All cleared DoD contractors are required to meet the requirements of the National Industrial Security Manual program. (Initial)

b. The AGATCS SDP GFI will be used only in accordance with this Distribution Agreement and all stipulations herein. (Initial)

c. The AGATCS SDP GFI will not be modified, adapted, or otherwise altered except as required under the terms and conditions of a contract with the U.S. Government. (Initial)

d. The AGATCS SDP GFI shall not be re-distributed, sold, or used for commercial purposes or practices, in whole or in part, without the express written permission of the Issuing DoD Office. The recipient is prohibited from using any information delivered within the AGATCS SDP GFI for commercial practices and profitable gains.

The recipient may reproduce copies of the AGATCS SDP GFI for use within his/her organization only for the sole purpose stated above. The U.S. DoD Contractor shall ensure that a copy of this approved Distribution Agreement shall be provided and maintained with each authorized copy of the AGATCS SDP GFI and appropriate personnel shall be briefed regarding the Distribution Agreement requirements. The original recipient of the AGATCS SDP GFI shall be responsible for compliance with the terms of this Distribution Agreement related to all authorized copies. (Initial)

e. U.S. DoD Contractors and Subcontractors shall return and/or destroy the GFI and/or Copies after completion of the stated purpose under which the work is authorized. U.S. DoD Contractors and Subcontractors shall certify in writing that the requirements of this paragraph were met. (Initials)

f. The U.S. Government and its agents shall not be liable for any harm, damage, or injury that may result from the use or untimely receipt of the PDM CRT GFI.

(Initial)

g. The Issuing Office may revoke permission or hereinafter make permission subject to additional conditions as dictated by Government interests.________(Initial)

h. All personnel who come in contact with the AGATCS SDP GFI or who participate in AGATCS SDP related discussions on behalf of U.S. DoD Contractors shall be U.S. citizens in accordance with the Arms Export Control Act (Title 22, U.S.C., Sec 2751, et seq.). (Initial)

i. U.S. DoD Contractor acknowledges his/her responsibilities under the U.S. export control laws and regulations and agrees that will not disseminate any export- controlled AGATCS SDP GFI subject to this agreement in a manner that would violate applicable export control laws and regulations._________(Initial)

j. U.S. DoD Contractor agrees that he/she will not provide access to this material to persons other than its employees or persons acting on its behalf, without permission of the Issuing Office. (Initial)

To the extent of his/her knowledge and belief, the requesting U.S. DoD Contractor knows of no person employed by it, or acting on its behalf, who will have access to the AGATCS SDP GFI, who is debarred, suspended, or otherwise ineligible from performing on U.S. Government contracts, or has violated U.S. export control laws. (Initial)

k. U.S. DoD Contractor is not debarred, suspended or otherwise determined ineligible by any agency of the U.S. Government to perform on U.S. Government contracts, has not been convicted of export control law violations, and has not been disqualified under the provisions of DoD Directive 5230.25. (Initial)

l. Failure to return and/or destroy AGATCS SDP GFI and/or Copies will be deemed a breach of this agreement and may result in prosecution of the USG’s rights in the applicable forum. The U.S. DoD Contractor agrees that it will not assert that such return and/or destruction is a Government-caused delay under any contract with the U.S. Government. (Initial)

NOTICE TO ACCOMPANY THE DISSEMINATION OF EXPORT-CONTROLLED TECHNICAL DATA

1. Export of information contained herein, which includes, in some circumstances, release to foreign nationals within the United States, without first obtaining approval or license from the Department of State for items controlled by the International Traffic in Arms Regulations (ITAR), or the Department of Commerce for items controlled by the Export Administration Regulations (EAR), may constitute a violation of law.

2. Under 22 U.S.C. 2778 the penalty for unlawful export of items or information controlled under the ITAR is up to 2 years imprisonment, or a fine of $100,000, or both. Under 50 U.S.C., Appendix 2410, the penalty for unlawful export of items or information controlled under the EAR is a fine of up to $1,000,000, or five times the value of the exports, whichever is greater; or for an individual, imprisonment of up to 10 years, or a fine of up to $250,000, or both.

3. In accordance with your certification that establishes you as a "qualified U.S. contractor," unauthorized dissemination of this information is prohibited and may result in disqualification as a qualified U.S. contractor, and may be considered in determining your eligibility for future contracts with the Department of Defense.

4. The U.S. Government assumes no liability for direct patent infringement, or contributory patent infringement or misuse of technical data.

5. The U.S. Government does not warrant the adequacy, accuracy, currency, or completeness of the technical data.

6. The U.S. Government assumes no liability for loss, damage, or injury resulting from manufacture or use for any purpose of any product, article, system, or material involving reliance upon any or all technical data furnished in response to the request for technical data.

7. If the technical data furnished by the Government will be used for commercial manufacturing or other profit potential, a license for such use may be necessary. Any payments made in support of the request for data do not include or involve any license rights.

8. A copy of this notice shall be provided with any partial or complete reproduction of these data that are provided to qualified U.S. contractors.