Technical NDA.pdf

PDF 187 KB Posted

Attached to
USNS GRASP Hawser Reels Federal contract opportunity
Solicitation number
N3220526Q7111
Issued by
Department of the Navy Military Sealift Command

About this file

This is a Use and Non-Disclosure Agreement (NDA) template for government technical data related to USNS GRASP (T-ARS 51) associated with solicitation N3220526Q7111.

The agreement establishes terms governing how offerors may access and use sensitive technical data and computer software provided by the Government. Offerors must designate a corporate principal responsible for compliance and limit data use solely to proposal preparation for the referenced solicitation and subsequent contract performance, if awarded. The data is subject to distribution statement controls per DoDI 5230.24 (23 August 2012) and DoD-M 5200.01-V4 (24 February 2012) regarding controlled unclassified information. Key obligations include: complying with all dissemination restrictions and export control regulations; establishing organizational controls to restrict access to authorized representatives only; prohibiting copying, releasing, reproducing, distributing, or posting data in any form without written Contracting Officer authorization; identifying all vendors and subcontractors by name and contact information for corporate principals who must execute similar flow-down NDAs; returning or destroying all data and copies upon contract award to another entity or upon work completion, with written certification required within 30 days; and cooperating with Government recovery efforts while assuming full financial liability for any unauthorized disclosures, including reimbursement for recovery and destruction costs. The template requires signature by an authorized representative and includes spaces for offeror legal name, CAGE code, email, address, and identification of up to four vendors or subcontractors with their respective corporate principal contact information.

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Text version

Use and Non-Disclosure Agreement (NDA) For Government Technical Data

The Government agrees to provide _____________[insert name]-(hereinafter the "Offeror") access to technical data, computer software, or both relating to USNS GRASP (T-ARS 51) (hereinafter the "Data") that is subject to the controls and limitation set forth in the DoDI 5230.24 of 23 August 2012 (Subj: Distribution Statements on Technical Documents), and, if also classified as "controlled unclassified information," in the DoD-M 5200.01-V4 of 24 February 2012.

The Offeror agrees to:

(1) Have a corporate principal responsible for ensuring compliance with the below terms execute this NDA.

(2) Use the Data only in the preparation of the Offeror’s proposal in response to solicitation N3220526Q7111 and, if awarded the work, in the performance of the resulting contract.

(3) Comply with the restrictions on dissemination set forth in the Distribution Statement.

(4) Comply with all export controls and regulations applicable to the Data.

(5) Establish organizational controls designed to control access to the Data and to prevent disclosure of the Data to other than the authorized representatives of the Offeror; said controls to be subject to audit and inspection by the Contracting Officer and/or his designee.

(6) 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 any person not an authorized representative of the Offeror subject to organizational controls on the data, unless otherwise authorized in writing by the Contracting Officer.

(7) Identify the vendor(s)/subcontractor(s) by name and address and provide the name and contact information for the corporate principal of each vendor/subcontractor who will sign the flow-down NDA on behalf of the vendor’s/subcontractor’s officers, employees, agents, and representatives.

(8) Assure that disclosure of Data to any third party or subcontractor is subject to a Non- Disclosure Agreement executed by a Corporate Principal, similar in all material respects to this one.

(9) Return or destroy by shredding 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. If the data is destroyed the Offeror will so certify in writing to the Contracting Officer within 30 days of award or completion of the work as applicable.

(10) 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

Insert, if applicable, the name and address of each vendor(s)/subcontractor(s) including the name and contact information of its corporate principal who will sign a flow-down NDA on behalf of the vendor’s/subcontractor’s officers, employees, agents and representatives:

1. __________________________________________________________________________________

2. __________________________________________________________________________________

3. __________________________________________________________________________________

4. __________________________________________________________________________________

File details come from the government source that posted it. Updated .