Attachment 5_N0003925R9510_ADNS MAC CUI NDA_Rev01.pdf
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- Solicitation number
- N0003925R9510
About this file
This document is a Non-Disclosure Agreement (NDA) for the Automated Digital Network System (ADNS) Request for Proposal (RFP) N0003925R9510, requiring U.S. Department of Defense contractors with a SECRET Facility Clearance to sign before accessing Controlled Unclassified Information (CUI) documents. The NDA stipulates strict terms for document usage, including that recipients may only use documents for government purposes directly related to the RFP response, limit document access to two technical points of contact, protect documents from unauthorized disclosure, and destroy all documents within 30 days after the RFP deadline.
The agreement mandates that recipients indemnify the government from any claims arising from document misuse, authorizes the government to limit or restrict document access for breaches, and remains effective for one year after the RFP deadline. Recipients must provide their business details, including CAGE Code, address, Joint Certification Program number, and contact information for technical and security points of contact. The NDA is associated with a Navy solicitation for delivering Build-to-Print ADNS production units, Cyber Threat Upgrades, Mission Focused Upgrades, kits, modules, components, software, spares, and lab materials for various naval platforms.
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AUTOMATED DIGITAL NETWORK SYSTEM
Request for Proposal (RFP) N0003925R9510 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
File details come from the government source that posted it. Updated .