L-4 NPSI Sample Datasets and DA.pdf

DISTRIBUTION AGREEMENT

NAVAIR Portable Source Initiative (NPSI)

(For Department of Defense and Qualified United States Contractors)

September 2020

This material is authorized for distribution in accordance with Distribution Statement D (DoD Directive 5230.24, August 23, 2012). “Distribution is authorized to the Department of Defense and U.S. DoD contractors only (Critical Technology)(March 17, 2005).” Other requests shall be referred for consideration by the controlling DoD office.

The Controlling DoD Office is NAVAIR PMA205F.

WARNING - This document may refer to technical data, the export of which is restricted by the Arms Export Control

Act (Title 22, U.S.C., Sec 2751, et seq.) or the Export Administration Act of 1979, as amended, Title 50, U.S.C., App. 2401 et seq. Violations of these export laws are subject to severe criminal penalties. Disseminate in accordance with provisions of DoD Directive 5230.25.

The material requested and authorized for distribution is as follows:

SUBJECT TO APPROVAL BY A GOVERNMENT SPONSOR, THE DIGITAL MEDIA AND THE TECHNICAL DATA

MAY BE USED FOR THE PURPOSE STATED WITH THE FOLLOWING GENERAL CONDITIONS:

A. The material will be handled and maintained in accordance with For Official Use Only (FOUO) per DoDM 5200.01, vol. 4 as amended or superseded, Distribution Statement D per DOD Instruction 5230.24 as amended and DOD Directive 5230.25 as amended, and (if marked) Export Control requirements per Arms

Export Control Act (Title 22, U.S.C., Sec 2751, et seq.) or the Export Administration Act of 1979, as amended, Title 50, U.S.C., App. 2401 et seq.

B. The material will be used only in accordance with this Distribution Agreement. The Digital Media and Technical Data within the Digital Media will not be modified, adapted, or otherwise altered except as required under the terms of a contract with the U.S. Government.

C. The Digital Media and Technical Data contained within the Digital Media shall not be re-distributed, sold, or used for commercial purposes by the recipient, in whole or in part, without the express permission of the

Controlling DoD Office. If approved by the DoD Controlling Office, the approved recipient may reproduce copies of this material only for use within the recipient’s organization (“Organization” includes recipient’s subcontractors for whom recipient retains control) for the specific purpose stated within this Distribution

Agreement.

Potential subcontractors who are under a selection process to become subcontractors to the contractor

(who accepts this Agreement) are not within the definition of “Organization”, and written concurrence from the Government is required before re-distribution to the potential subcontractor. All of the duties originally

September 2020 agreed to and defined in this Agreement are retained by the Contractor who signs this Agreement, and the Contractor shall require the potential subcontractor to accept a distribution agreement that protects the Government to the extent that this Agreement protects the Government. The Government shall be an intended-third-party-beneficiary of any redistribution agreement.

A copy of the approved Distribution Agreement shall be provided and maintained with each authorized copy of the Digital Media and Technical Data contained within the Digital Media and appropriate personnel shall be briefed regarding the Distribution Agreement requirements. In addition, the controlling DoD office is to be formally notified of the name, address and designated point of contact of all authorized U.S.

contractors/sub-contractors to which a copy is provided. The original recipient of this material shall be responsible for compliance with the terms of this Distribution Agreement related to all authorized copies.

D. Changes to the material may not be further distributed by the recipient without the approval of the Controlling DoD Office. Recipients wishing to distribute changes, which they have developed, shall submit such changes to the Controlling DoD Office with full Government Purpose Rights. The Controlling DoD Office will consider these changes for incorporation into future releases of the NPSI Dataset.

E. U.S. Contractors, subcontractors and potential subcontractors will return within 10 calendar days the Digital

Media upon completion of the usage as approved by the Government under which the work is authorized.

The U.S. Contractors, subcontractors and potential subcontractors will be responsible for destroying any and all copies of the Digital Media and Technical Data and data produced from the usage of the Digital

Media and Technical Data within 10 calendar days upon completion of the usage as approved by the Government under which the work is authorized. A failure to return and/or destroy the Digital Media and Technical Data within the Digital Media will be deemed a breach of this agreement and may result in prosecution of the United States Government’s rights in the applicable forum.

F. This material is developmental in nature. 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 this material.

G. The controlling DoD office may revoke permission or hereinafter make permission subject to additional conditions as dictated by Government interests.

H. The individual who will act as recipient of the Digital Media and Technical Data within the Digital Media on behalf of the U.S. contractor is a U.S. citizen.

I. The U.S. Contractor acknowledges its responsibilities under the U.S. export control laws and regulations and agrees that it will not disseminate any export-controlled material subject to this agreement in a manner that would violate applicable export control laws and regulations.

J. The U.S. Contractor agrees that (unless dissemination is permitted by pertinent regulations) it will not provide access to this material to persons other than its employees or persons acting on its behalf, without permission of the Controlling DoD Office.

K. To the extent of its knowledge and belief, the requesting U.S. Contractor knows of no person employed by it, or acting on its behalf, who will have access to this data, who is debarred, suspended, or otherwise ineligible from performing on U.S. Government contracts; or has violated U.S. export control laws.

L. The U.S. Contractor itself 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.

(For Department of Defense and Qualified United States Contractors)

DISTRIBUTION AGREEMENT

NAVAIR Portable Source Initiative (NPSI)

September 2020

DATE OF REQUEST: ________________________________

PURPOSE: The Recipient Organization may use the Digital Media and Technical Data contained within the Digital

Media to:

USG Sponsor (Organization): ___________________________________________________________

USG Contract/Solicitation Number: ___________________________________________________________

Contract/Solicitation Completion Date: _________________________________________________

RECIPIENT COMPANY/ORGANIZATION NAME: ______________

RECIPIENT ORGANIZATION AUTHORIZED POINT OF CONTACT (POC):

NAME (Print):

TELEPHONE:

FAX:

E-MAIL:

ADDRESS:

RECIPIENT ORGANIZATION TECHNICAL POINT OF CONTACT (POC): If Different from POC

NAME (Print):

TELEPHONE:

FAX:

E-MAIL:

ADDRESS: SHIP TO ADDRESS IF DIFFERENT:

I HEREBY AGREE TO THE CONDITIONS IDENTIFIED ON PAGES 1, 2, AND 3 OF THIS DOCUMENT AND WILL UTILIZE THE DIGITAL MEDIA AND TECHNICAL DATA CONTAINED WITHIN THE DIGITAL MEDIA ONLY FOR

THE PURPOSE/USE DESCRIBED ABOVE. I UNDERSTAND THAT PROCESSING OR TRANSMITTING THIS EXPORT CONTROLLED MATERIAL VIA ANY PUBLIC ELECTRONIC MEDIUM IS STRICTLY PROHIBITED.

Recipient Authorized POC Signature: ____________________________ Date: _____________________

September 2020

REQUEST FOR RELEASE TO DOD OR U.S. CONTRACTOR: (To Be Completed by USG Sponsoring Organization COTR or other authorized individual). It is requested that the Digital Media and Technical Data contained within the Digital Media be released to the above-identified contractor for the purpose as stated. It is hereby certified that the contract/solicitation number and completion date identified above are correct and the identified contractor requires the material for the purpose stated.

Name (Print): _______________________________________________________________________

Position: _______________________________________________________________________

Telephone: ________________________________________ E-mail: _______________________

Authorized Signature: _________________________________ Date: ________________________

CONTROLLING DOD OFFICE APPROVAL: The above request is approved for the purpose stated by the requester.

___________________________________________ Phone number: ________________ (Print Name) (NPSI Project Director or NPSI Lead Engineer)

___________________________________________ Date: ________________________ (Signature)

a. United States (US) West Coast, and

b. Asia-Pacific

2) NPSI 3D Moving Model Data Set and other Government furnished information (GFI) models.