RFI TDP Release Memo.docx

Memorandum of Agreement I/We the undersigned, on behalf of the Requesting Organization listed below (hereafter referred to as the "Requester"), request release of Defense Personal Property System (DPS) technical data (hereafter referred to as the “Data”) and understand and agree to the following:

a. NON-DISCLOSURE AGREEMENT. The Requester requests some or the entire set of Data pertaining to a Request for Information (RFI) from the United States Transportation Command (USTRANSCOM). In consideration therefore, the Requester agrees:

1) That the Data contained therein shall be used only for and restricted to the preparation of the RFI response and shall not be used for any other commercial or non-commercial purpose. The Data shall be returned to USTRANSCOM at the conclusion of the RFI upon request by the Contracting Officer not later than ten (10) days after such request. Requester shall not disclose or release the Data to any party not directly engaged in the preparation of a response to the above-described RFI.

2) To strictly abide by and adhere to any and all restrictive markings, if any, placed on the Data.

3) That the government is entitled to royalty-free use of the USTRANSCOM-owned or -developed software that is released.

b. WAIVER OF WARRANTIES AND LIMITATIONS OF DAMAGES AGREEMENT. The requester and the Approving Authority agree that:

1) No guaranties, representations, or warranties either expressed or implied shall be construed to exist in any language, provision, or term contained in these materials or in any other documentation provided herewith (all such items are collectively referred to as the "Agreement"), and furthermore, the releasing organization disclaims and the requester waives and excludes any and all warranties of merchantability and any and all warranties of fitness for any particular purpose.

2) The Requester shall obtain from the releasing organization all of the "Data" (defined in the Non-Disclosure Agreement above), or any other products or services contemplated by the Agreement, in an "as is" condition.

3) The Requestor agrees to hold harmless and indemnify USTRANSCOM against any and all loss, liability, cost or expense arising out of the use of any Data released under this agreement, to include, but not limited to, litigation costs or expenses.

c. The Requester's use of the Data shall not prevent the government from releasing the Data at any point in the future.

d. The Requester shall not offer the released Data or any modified version thereof for resale to the government, in whole or as part or subpart of a government deliverable, without explicitly stating that he is doing so by providing certification documentation (e.g., Section K of the Government Solicitation) to the contracting officer before contract award.

e. The Requester may use the released Data in a contract with the government, but understands that the government shall not pay the Requester for rights of use of such Data in performance of government contracts or for the later delivery to the government of such Data. The Requester may be entitled to compensation for converting, modifying, or enhancing the Data into another form for reproduction and delivery to the government, if authorized under a contract with the government.

f. The Requester is not entitled to any released Data that are subject to national defense security classification or the proprietary rights of others. The Requester shall report promptly the discovery of any such restricted Data to the USTRANSCOM release approving authority below, and follow all instructions concerning the use, safeguarding, or return of such Data. The Requester shall not copy, or make future study or use of any released Data later found to be subject to such restrictions.

g. As required, the Requester shall be responsible for compliance with any proscriptions on foreign disclosure of the released Data (contained, for example, in the Department of State International Traffic in Arms Regulations or the Department of Commerce Export Administration Regulations).

h. The Requester and the Approving Authority intend that all agreements under this memorandum of Agreement shall be governed by the laws of the United States of America.

REQUESTOR:

Name of Requestor:

Requesting Organization:

Organization Address:

City, State, Zip Code:

Signature of Requestor Date

APPROVAL:

DPS Program Manager

USTRANSCOM/TCAQ

508 Scott Drive Scott AFB IL 62225

Signature of Approving Authority Date