J - 14 Technical Data Non-Disclosure - NEWPORT 21R4209.docx

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USNS NEWPORT (T-EPF 12) Mid-Term Availability (MTA)
Solicitation number
N3220521R4209
Issued by

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This document is a use and non-disclosure agreement for technical data related to a solicitation for the USNS NEWPORT (T-EPF 12) Mid-Term Availability (MTA). The solicitation is issued by the Department of the Navy Military Sealift Command and seeks maintenance, repair, and overhaul services for the USNS NEWPORT. The agreement requires offerors to only use provided technical data and computer software to prepare proposals and perform any awarded contract work. It also mandates controls and restrictions to prevent unauthorized dissemination of the data, as well as return or destruction of all data upon completion of the work or award to another entity. Representatives authorized to receive the data must be named, and any third party disclosure also requires a similar non-disclosure agreement.

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USNS NEWPORT (T-EPF 12) N3220521R4209

Use and Non-Disclosure Agreement For Government Technical Data

The Government agrees to provide ________insert name_________(hereinafter the "Offeror") and the below-named representatives of the Offeror access to technical data, computer software, or both relating to USNS NEWPORT (T-EPF 12), (hereinafter the "Data") that is subject to the controls and limitation set forth in the DoDI 5230.24 of 23 August 2012, and, if also classified as "controlled unclassified information," in the DoD-M 5200.01-V4 of 24 February 2012.

The Offeror agrees to:

(1) Use the Data only in the preparation of the Offeror’s proposal in response to solicitation N3220521R4209 and, if awarded the work, in the performance of the resulting contract.

(2) Comply with the restrictions on dissemination set forth in the Distribution Statement.

(3) Comply with all export controls and regulations applicable to the Data.

(4) Establish organization controls designed to control access to the Data and to prevent disclosure of the Data to other than the authorized representatives identified and listed below; said controls to be subject to audit and inspection by the Contracting Officer and/or his designee.

(5) Not copy, release, reproduce, duplicate, transmit, distribute, or otherwise make the Data in any form whatsoever, including in the form of electronic documents posted to a website, available to persons other than those authorized representatives listed herein below.

(6) Assure that disclosure of Data to any third party or subcontractor is subject to a Non-Disclosure Agreement, similar in all material respects to this one.

(7) Return the Data (and any and all copies of the Data) upon notice of award of the contract to another entity or, if awarded the contract, upon completion of the work.

(8) Cooperate and assist the Government in efforts undertakan to recover or destroy Data or information therefrom released or distributed without authority and reimburse the Government for any costs or damages incurred as a result of an unauthorized disclosure or release by Offeror or by any officer, employee, agent, or representative of Offeror or of any subcontractor or affiliate of Offeror without the express authorization of the Contracting Officer, including but not limited to the cost of efforts to recover or destroy improperly released information.

Offeror's Legal Name _______________________________________

Business Cage Code_______________ E-mail _______________________ Address________________________________________

By__________________________________ __________________ Authorized Representative Date

Representative's Typed Name(s) and Titles of Individuals to Receive Data: _____________________________________________________________

ATTACHMENT J-14

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