Terms of Use N00024-23-R-4304.pdf

N00024-23-R-4304

Use and Non-Disclosure Agreement

The undersigned, ______________________________(Insert Name), a representative authorized to sign on behalf of _________________________________________(Insert Company Name), (which is hereinafter referred to as the “Recipient”) requests the Government to provide the Recipient with technical data or Government furnished information (hereinafter referred to as “Data”) considered pertinent to the understanding of the requirements of the forthcoming solicitation N00024-23-R-4304 for the Emergency Ship Salvage Material operations and maintenance contract. In consideration for receiving such Data, the Recipient agrees to use the Data strictly in accordance with this Agreement:

(1) The Recipient shall use, modify, reproduce, release, perform, display, or disclose the Data only for government purposes and not for any commercial purpose. The Recipient shall not release, perform, display, or disclose these Data to any person other than its subcontractors or suppliers, or prospective subcontractors or suppliers, who require these Data to submit offers for, or perform, contracts with the Recipient. The Recipient shall require its subcontractors or suppliers, or prospective subcontractors or suppliers, to sign a use and non-disclosure agreement prior to disclosing or releasing these Data to such persons. Such agreement must be consistent with the terms of this agreement.

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

(3) The Recipient agrees to accept these Data “as is” without any Government representation as to suitability for intended use or warranty whatsoever. This disclaimer does not affect any obligation the Government may have regarding Data specified in a contract for the performance of that contract.

(4) The Recipient agrees to destroy these Data, and all copies of the Data in its possession, no later than 30 days after the date shown in paragraph (5) of this Agreement, to have all persons to whom it released the Data do so by that date, and to notify the Contractor that the Data have been destroyed.

(5) This Agreement shall be effective for the period commencing with the Recipient's execution of this Agreement and ending 1) for the unsuccessful offer, upon date of award of the contract resulting from solicitation N00024-23-R-4304; and 2) for the awardee, upon the date of completion of the contract resulting from solicitation N00024-23-R-4304. The obligations imposed by this Agreement shall survive the expiration or termination of the Agreement.

Authorized Representative Typed Name and Title Date

Company CAGE Code