Attachment 5_N0003925R9510_ADNS MAC CUI NDA.pdf
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- Solicitation number
- N0003925R9510
About this file
This document is a Non-Disclosure Agreement (NDA) for Controlled Unclassified Information (CUI) related to the Automated Digital Network System (ADNS) Request for Proposal (RFP) N0003925R9512. The NDA requires recipients to be U.S. Department of Defense contractors with a SECRET Facility Clearance and establishes strict terms for accessing and handling sensitive documents. Key provisions include using documents solely for government purposes, limiting document access to two technical points of contact, protecting documents from unauthorized disclosure, and destroying all documents within 30 days after the RFP deadline.
The agreement outlines specific obligations for document recipients, such as indemnifying the government against potential misuse, accepting documents "as is" without warranties, and maintaining confidentiality. Recipients must provide detailed business information, including their business name, CAGE code, address, and contact details for technical and security points of contact. The NDA is effective for one year after the RFP deadline and includes potential penalties for breaching the agreement, including possible violations of the Trade Secrets Act that could result in criminal or civil consequences.
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Text version
AUTOMATED DIGITAL NETWORK SYSTEM
Request for Proposal (RFP) N0003925R9512 Controlled Unclassified Information (CUI) Documents Terms of Use and Non-Disclosure Agreement (NDA)
The undersigned, _____________________________, an authorized representative of ______________________________, (which is hereinafter referred to as the “Recipient”) requests the Government to provide the Recipient with CUI Documents listed in the Automated Digital Network System (ADNS) N0003925F9510 Request for Proposal (RFP), posted on SAM.gov website. By submitting this NDA, the recipient represents that it is a U.S. DoD contractor with a SECRET Facility Clearance granted by the Defense Counterintelligence and Security Agency. In consideration for receiving such documents, the Recipient agrees to use the documents strictly in accordance with this Agreement:
(1) The Recipient shall use, modify, reproduce, or display the documents only for government purposes directly related to its RFP response and shall not do so for any commercial purpose. The Recipient shall not release, perform, display, or disclose these documents, without the express written permission of the Procuring Contracting Officer (PCO), to any other company, to include all affiliates and subsidiaries of the above noted company and subcontractors and prospective subcontractors.
(2) Up to two (2) people may be listed as Technical Points of Contact below and receive access to the documents; however, these persons are not required to sign the NDA. The technical points of contact may distribute the documents to others within their organization, provided that the documents are handled in accordance with the applicable distribution statement.
(3) The Recipient agrees to adopt or establish operating procedures and physical security measures designed to protect these documents from inadvertent release or disclosure to unauthorized persons or third parties.
(4) The Recipient agrees to accept the documents “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 the documents specified in a contract for the performance of that contract.
(5) The Recipient agrees to indemnify and hold harmless the Government, its agents, and employees from every claim or liability, including attorneys’ 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 documents received from the Government with restrictive legends by the Recipient or any person to whom the Recipient has released or disclosed the documents.
(6) The Government reserves the right to limit or restrict a Recipient’s access to the documents should the Recipient breach any terms or conditions of this agreement. Further, a Recipient’s breach may result in violation of the Trade Secrets Act (18 U.S.C. § 1905), which can result in criminal and/or civil penalties.
(7) The Recipient agrees to destroy the documents, and all copies of the documents in its possession, no later than thirty (30) days after the RFP deadline or as otherwise notified by the Government, to have all persons to whom it released the documents to do so by that date, and to notify Ms. Andrea M Cohn, Contract Specialist at Andrea.M.Cohn.civ@us.navy.mil and Ms. Susana L Wiker, Contracting Officer at Susana.L.Wiker.civ@us.navy.mil the documents have been destroyed.
(8) This Agreement shall be effective for the period commencing with the Recipient's execution of this Agreement and ending one (1) year after the RFP deadline response date. The obligations imposed by this Agreement shall survive the expiration or termination of the Agreement.
(9) The recipient shall provide ALL of the information requested below including identifying the two TPOCs requesting access to the aforementioned documents.
Recipient's Business Name: _________________________
CAGE Code: _________________________
Address:
Joint Certification Program (JCP) #: _________________________
Authorized Representative (typed): _________________________
Authorized Rep Signature: ____________________________ Date: ______________
Role Name Email Phone
Technical Point of Contact (TPOC) #1
Technical Point of Contact (TPOC) #2
Security Point of Contact
| Recipients Business Name: |
| CAGE Code: |
| Address 1: |
| Address 2: |
| Joint Certification Program JCP: |
| Date: |
| Company Name: |
| Name: |
| Authorized Representative: |
| TPOC Name: |
| Security POC Name: |
| Email: |
| Phone: |
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