Harness_PIA_Template.docx

PROPRIETARY INFORMATION AGREEMENT

Effective as of the last date of execution written below, [INSERT COMPANY NAME], which is hereinafter referred to as the “Recipient”, requests the U.S. Government to provide the Recipient with technical data (hereinafter “Data”) in which the Government’s use, modification, reproduction, release, performance, display or disclosure rights are limited.

The Data is as follows: F-16 Wiring Harness Documents 16PR15634B, 16PR15635D, and 16PR15636C, all owned by Lockheed Martin Corporation.

In consideration for receiving such Data, the Recipient agrees to use the Data strictly in accordance with this Agreement:

1. The Recipient shall only review the Data for the purposes of preparing a bid to submit to the U.S. Government for a competitive Request for Proposal to be issued by the U.S. Government for the F-16 Program captioned F-16 Harness Multiple Award IDIQ RFP (RFP # TBD) that is to be released in FY20 or FY21 only and for no other purpose.

2. The Recipient shall not duplicate (in whole or in part), copy, release, display, or disclose the Data without the express written permission of Lockheed Martin Corporation.

3. The Recipient shall not use the Data for manufacturing purposes.

4. The Recipient agrees to adopt or establish operating procedures and physical security measures designed to protect the Data from inadvertent release or disclosure to unauthorized third parties.

5. The Recipient agrees to accept the Data “as-is” without any U.S. Government or Lockheed Martin Corporation representation as to suitability for intended use or warranty whatsoever.

6. The Recipient agrees to indemnify and hold harmless Lockheed Martin Corporation and its employees from every claim or liability, including attorney’s fees, court costs, and expenses arising out of, or in any way related to, the misuse or unauthorized modification, reproduction, release, performance, display, or disclosure of the Data received from the U.S. Government.

7. I understand that my employer and I indemnify and fully hold harmless USAF and the US Government from any harm that may result from such use, retention, and/or disclosure of any and all relevant information made available to me in support of the Acquisition Function identified above.

8. The Recipient is executing this Agreement for the benefit of Lockheed Martin Corporation. Lockheed Martin Corporation is a third party beneficiary of this Agreement who, in addition to any other rights it may have, is intended to have the rights of direct action against the recipient or any other person to whom the Recipient has released or disclosure the Data, to seek damages from any breach of this Agreement or to otherwise enforce this Agreement.

9. The Recipient agrees to destroy the Data, and all copies of the Data in its possession, no later than thirty (30) days after notification by the U.S. Government that Recipient has not been awarded the prime contract to which the Request for Proposal identified above relates and to notify Lockheed Martin Corporation that the Data has been destroyed and provide a certificate of destruction to Lockheed Martin Corporation at the following address:

LOCKHEED MARTIN AERONAUTICS COMPANY

F-16 Contracts One Lockheed Martin Boulevard Fort Worth, TX 76101 Attn: Sr. Manager, Contracts

10. I understand that the unauthorized release of information may result in civil liability or criminal prosecution.

11. This Agreement shall be effective for the period commencing with the Recipient’s execution of this Agreement and ending upon days after 30 days after 12/31/2021. The obligations imposed by this Agreement shall survive the expiration or termination of the Agreement.

Recipient’s Business Name: _______________________________________

By: ___________________________________________________________ Authorized Representative

Date:_____________________________________

Representative’s Typed Name and Title: __________________________________________