NDA - NSST_Contractor_Technical_Documents.pdf

Navigation, Seamanship, and Shiphandling (NSS) Training Systems and Support

DISTRIBUTION AGREEMENT

This material is authorized for distribution in accordance with Distribution Statement D (DoD Directive 5230.24, August 23, 2012). “Distribution is authorized to the Department of Defense and U.S. DoD contractors only (Critical Technology) (October 1, 2018).”

Other requests shall be referred for consideration by the controlling DoD office. The Controlling DoD Office is NAWCTSD.

WARNING - This document may refer to technical data, the export of which is restricted by the Arms Export Control Act (Title 22, U.S.C., Sec 2751, et seq.) or the Export Administration Act of 1979, as amended, Title 50, U.S.C., App. 2401 et seq. Violations of these export laws are subject to severe criminal penalties. Disseminate in accordance with provisions of DoD Directive 5230.25.

SUBJECT TO APPROVAL BY A GOVERNMENT SPONSOR, THE TECHNICAL DATA

MAY BE USED FOR THE PURPOSE STATED WITH THE FOLLOWING GENERAL

CONDITIONS:

A. The material will be handled and maintained in accordance with For Official Use Only (FOUO) per DoDM 5200.01, vol. 4 as amended or superseded, Distribution Statement D per DOD Instruction 5230.24 as amended and DOD Directive

5230.25 as amended, and (if marked) Export Control requirements per Arms Export Control Act (Title 22, U.S.C., Sec 2751, et seq.) or the Export Administration Act of 1979, as amended, Title 50, U.S.C., App. 2401 et seq.

B. The material will be used only in accordance with this Distribution Agreement.

The Technical Data will not be modified, adapted, or otherwise altered except as required under the terms of a contract with the U.S. Government.

C. The Technical Data shall not be re-distributed, sold, or used for commercial purposes by the recipient, in whole or in part, without the express permission of the Controlling DoD Office. If approved by the DoD Controlling Office, the approved recipient may reproduce copies of this material only for use within the recipient’s organization (“Organization” includes recipient’s subcontractors for whom recipient retains control) for the specific purpose stated within this Distribution Agreement.

Potential subcontractors who are under a selection process to become subcontractors to the contractor (who accepts this Agreement) are not within the definition of “Organization”, and written concurrence from the Government is required before re-distribution to the potential subcontractor. All of the duties originally agreed to and defined in this Agreement are retained by the Contractor who signs this Agreement, and the Contractor shall require the potential subcontractor to accept a distribution agreement that protects the Government to the extent that this Agreement protects the Government. The Government shall be an intended-third-party-beneficiary of any redistribution agreement.

A copy of the approved Distribution Agreement shall be provided and maintained with each authorized copy of the Technical Data and appropriate personnel shall be briefed regarding the Distribution Agreement requirements. In addition, the controlling DoD office is to be formally notified of the name, address, and designated point of contact of all authorized U.S. contractors/sub-contractors to which a copy is provided. The original recipient of this material shall be responsible for compliance with the terms of this Distribution Agreement related to all authorized copies.

D. Changes to the material may not be further distributed by the recipient without the approval of the Controlling DoD Office.

E. Upon award of a contract resulting from the subject solicitation or cancellation of the solicitation, the unsuccessful offerors shall either destroy and provide notification to the POC identified or return all technical data to the POC identified within 10 calendar days of receiving notification from the Government. The offerors shall destroy any and all copies of the technical data or data produced from the usage of the technical data in development of the offeror’s proposal and certify in writing to the PCO within 10 days after contract award that they have complied. The successful offeror shall maintain possession of the data for use during contract execution. A failure to return and/or destroy the Technical Data will be deemed a breach of this agreement and may result in prosecution of the United States Government’s rights in the applicable forum.

F. This material is developmental in nature. The U.S. Government and its agents shall not be liable for any harm, damage, or injury that may result from the use or untimely receipt of this material.

G. The controlling DoD office may revoke permission or hereinafter make permission subject to additional conditions as dictated by Government interests.

H. The individual who will act as recipient of the Technical Data on behalf of the U.S. contractor is a U.S. citizen.

I. The U.S. Contractor acknowledges its responsibilities under the U.S. export control laws and regulations and agrees that it will not disseminate any export-controlled material subject to this agreement in a manner that would violate applicable export control laws and regulations.

J. The U.S. Contractor agrees that (unless dissemination is permitted by pertinent regulations) it will not provide access to this material to persons other than its employees or persons acting on its behalf, without permission of the Controlling DoD Office.

K. To the extent of its knowledge and belief, the requesting U.S. Contractor knows of no person employed by it, or acting on its behalf, who will have access to this data, who is debarred, suspended, or otherwise ineligible from performing on U.S. Government contracts; or has violated U.S. export control laws.

L. The U.S. Contractor itself is not debarred, suspended or otherwise determined ineligible by any agency of the U.S. Government to perform on U.S. Government contracts, has not been convicted of export control law violations, and has not been disqualified under the provisions of DoD Directive 5230.25.

PURPOSE: The Recipient Organization may use the Technical Data to provide a proposal on the NSS Program (Solicitation No. N6134022R0036)

RECIPIENT COMPANY/ORGANIZATION NAME AND CAGE CODE:

RECIPIENT ORGANIZATION AUTHORIZED POINT OF CONTACT (POC):

NAME (Print):

TELEPHONE:

E-MAIL:

ADDRESS:

RECIPIENT ORGANIZATION TECHNICAL POINT OF CONTACT (POC): If Different from POC NAME (Print):

TELEPHONE:

E-MAIL:

I HEREBY AGREE TO THE CONDITIONS IDENTIFIED ON PAGES 1, 2, AND 3 OF THIS DOCUMENT AND WILL UTILIZE THE TECHNICAL DATA CONTAINED WITHIN FOR THE PURPOSE/USE DESCRIBED ABOVE. I UNDERSTAND THAT PROCESSING OR TRANSMITTING THIS EXPORT CONTROLLED MATERIAL VIA ANY

PUBLIC ELECTRONIC MEDIUM IS STRICTLY PROHIBITED.

Recipient Authorized POC Signature: ______________________________Date: _____

USG Sponsor (Organization): _NAWCTSD____________________

USG Contract/Solicitation Number: _N6134022R0036______________

Contract/Solicitation Completion Date: _TBD__________________________

REQUEST FOR RELEASE TO U.S. CONTRACTOR: (To Be Completed by USG Sponsoring Organization Contracting Officer or other authorized individual). It is requested that the Technical Data be released to the above-identified contractor for the purpose as stated. It is hereby certified that the contract/solicitation number and completion date identified above are correct and the identified contractor requires the material for the purpose stated.

Name (Print): _David Kors_____________________________________________________

Position: _Procuring Contracting Officer_______________________________________________

Telephone: _407-380-4299________________________ E-mail: david.a.kors.civ@us.navy.mil___

Authorized Signature: ________________________________ Date: ________________________

To be completed by the Government:

Request submitted signed by an individual with authority to bind the company in such an agreement

Company must not appear on the Federal Debarment list as of the date of the request

Company must be registered in SAM

Other requirements (i.e., ITAR registration compliance)

GFI is properly marked with appropriate/correct distribution and control markings

Contracting Officer Concurrence:

Name Title Signature Date

Tracking:

GFI Distribution Date Date Date Date

GFI returned Date Certified Destroyed Date