RDSTD NDA.docx

Use and Non-Disclosure Agreement For Government Technical Data

The Government agrees to provide _______________________ (hereinafter the "Offeror") and the below-named representatives of the Offeror access to technical data, computer software, or both relating to the Radiological Detection System (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 N00167-22-Q-0093 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 undertaken 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 # 7