RFI M67854-21-I-2066 NDA_MCWS_L_H_041321.docx

USE AND NON-DISCLOSURE AGREEMENT

REQUEST FOR INFORMATION (RFI) – M67854-21-I-2066

MARINE CORPS WIDEBAND SATELLITE – LIGHT AND HEAVY

The undersigned, __________(Insert Name)__________, an authorized representative of the __________(Insert Company Name)__________, (which is hereinafter referred to as the “Recipient”) requests the Government to provide the Recipient with technical data (hereinafter referred to as “Data”) in which the Government's use, modification, reproduction, release, performance, display or disclosure rights are restricted. In consideration for receiving such Data, the Recipient agrees to use the Data strictly in accordance with this RFI:

(1) The Recipient shall—

(a) Use, modify, reproduce, release, perform, display, or disclose Data provided with this RFI only for government purposes and shall not do so for any commercial purpose. The Recipient shall not release, perform, display, or disclose these Data, without the express written permission of the Government, to any person other than its subcontractors or suppliers, or prospective subcontractors or suppliers, who require these Data to submit offers for, or perform, contracts with the Recipient. The Recipient shall require its subcontractors or suppliers, or prospective subcontractors or suppliers, to sign a use and non-disclosure agreement prior to disclosing or releasing these Data to such persons. Such agreement must be consistent with the terms of this agreement.

(b) Use, modify, reproduce, release, perform, display, or disclose technical data provided with this RFI only for responding to the RFI. Release, performance, display, or disclosure to other persons is not authorized unless specified above.

(c) Use Data provided with this RFI only in performance of RFI M67854-21-I-2066. The recipient shall not, for example, enhance, decompile, or disassemble the Data. The recipient may not release, perform, display, or disclose such Data to others unless expressly permitted in writing by the Government.

(2) The Recipient agrees to adopt or establish operating procedures and physical security measures designed to protect these Data from inadvertent release or disclosure to unauthorized third parties.

(3) The Recipient agrees to accept these Data “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 Data specified in a contract for the performance of that contract.

(4) The Recipient agrees to indemnify and hold harmless the Government, its agents, and employees from every claim or liability, including attorney’s 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 Data received from the Government for this RFI by the Recipient or any person to whom the Recipient has released or disclosed the Data.

(5) The Recipient agrees to destroy the Data provided for this RFI, and all copies of the Data, in its possession, no later than 30 days after RFI responses are due to the Government, to have all persons to whom it released the Data do so by that date.

By____________________________ Authorized Representative Date