ATT_0010_NON_DISCLOSURE_AND_NON_USE_AGREEMENT_for_W15QKN-17-R-0006.pdf

Contract No.:

Solicitation No.: W15QKN-17-R-0006 Program Name: Contractor Logistics

Support (CLS)

NON-DISCLOSURE AND NON-USE AGREEMENT

This non-disclosure and non-use agreement (hereafter also referred to as “NDA”) is made by a recipient Organization, (insert name / address of recipient Organization) (hereafter referred to as the "Recipient" or “Recipient Organization”), with Various Individual Organizations, including Project Manager Close Combat Systems (PM CCS), located at Picatinny Arsenal, New Jersey 07806-5000 (hereafter referred to as "Individual Organizations”).

Recipient has requested that PM CCS supply Recipient with a copy of the Requirement Documents referenced in the Solicitation package, technical DATA, software, and other information, for the PM CCS CLS requirement, and described in the APPENDIX of this Agreement, (hereafter referred to collectively as the “DATA”), originated by PM CCS, Picatinny Arsenal, NJ 07806; point of contact: Ms. Tiffany Nosti, Telephone: 973-724- 7364, Email: tiffany.n.nosti.civ@mail.mil. The DATA is being requested of PM CCS by Recipient for the purposes of (insert purpose for data being requested). In consideration for PM CCS agreeing to furnish such DATA to Recipient for such purposes, the Recipient hereby agrees to the following:

1. Recipient warrants that the said DATA shall only be used for the purposes requested, and to perform under contract for the U.S. Government, (no._TBD_ ), and for no other purposes.

2. Recipient shall not divulge the DATA to any third party. Recipient hereby agrees that all said defined “DATA” shall be subject to the legend in the Attachment to this Agreement. Recipient shall also obey the restrictions contained on any other restrictive legend appearing on said DATA. Recipient shall not remove any such legends associated with said DATA. The legends shall appear on any reproduction by Recipient of all, or of any portions of said DATA. Recipient shall adopt physical security measures to prevent improper use of or divulgence of the DATA.

3. Recipient shall promptly return all DATA and copies thereof in whatever form or embodiment existing, to PM CCS upon request. The DATA and inventions embodied therein shall at all times remain the property of the U.S. Government, including any reproductions or embodiments of all or of any parts thereof. Any improvements made by Recipient to said DATA and inventions embodied therein shall become the exclusive property of the U.S. Government.

4. It is understood and accepted that the obligations of non-use and non-disclosure herein shall be obligations of Recipient itself and persons who are officers, directors, or employees thereof, and also any other business entity that Recipient owns or controls to receive any of the said DATA.

5. Recipient shall conform to the Export Laws of the United States, and obey the Army's directives regarding non-export and nondisclosure of said DATA, (or items mailto:tiffany.n.nosti.civ@mail.mil manufactured by utilizing same), even if Recipient's facility may not be located within the United States of America. The Recipient hereby agrees not to disclose, transfer, or otherwise export or re-export any technical data, defense articles, defense services, or other restricted information or items to any foreign person (including, but not limited to, any party hereto, any foreign national, foreign business, and foreign government) without first obtaining all specific approvals and licenses required from the appropriate agencies of the U.S. Government.

6. No license is provided to Recipient by the provision of DATA under this

Agreement. No representation or warranty is made or given as to the safety or suitability of any DATA which may be provided hereunder or of items or processes made there from. No representation or warranty is made or given as to the existence or possibility of any intellectual property rights claims in said DATA, including but not limited to patent, copyright and trade secret claims.

7. If PM CCS provides Recipient with physical models, samples or experimental apparatus for Recipient's evaluation hereunder, Recipient agrees not to reverse engineer such items, nor to disassemble same to learn their design for unauthorized use of PM CCS’s technology.

FOR RECIPIENT ORGANIZATION

By:

(Authorized Signature)

(Typed Name-Title)

(Date)

(Name of Recipient Organization)

(Address of Recipient Organization)

(Home Address of Signator)

ATTACHMENT (Legend)

RESTRICTED ACCESS

DATA

U.S. ARMY TECHNICAL INFORMATION

THIS DOCUMENT CONTAINS TECHNICAL DATA THAT ARE THE

PROPERTY OF THE UNITED STATES ARMY PICATINNY ARSENAL. ALL

RIGHTS ARE RESERVED TO PICATINNY ARSENAL ONLY. THESE TECHNICAL

DATA SHALL NOT BE USED FOR ANY PURPOSE OTHER THAN THOSE FOR

WHICH FURNISHED NOR DISTRIBUTED OR REPRODUCED OR ANY PART

THEREOF REVEALED IN ANY MANNER TO PERSONS OTHER THAN THE

INDIVIDUALS OR ORGANIZATIONS SPECIFIED HERE WITH TO RECEIVE

THEM. THIS LEGEND MUST BE INCLUDED ON ANY REPRODUCTION OF THIS

MATERIAL OR PORTIONS THEREOF.

APPENDIX

Hand Held Metal Detector TSP, Distribution A (Draft) TM 5-6350-312-10, Operator's Manual for Detector, Metal: Hand Held, Distribution A Horn, Loudspeaker: Acoustic Hailing Device (AHD) TSP (Draft) TM 5-5965-1934-10, Operator's Manual for Horn Loudspeaker: AHD, Distribution A Phraselator (Translation Device) TSP, Distribution A Entry Point Vehicle Kit (EPVK) TSP, Distribution A Vehicle Lightweight Arresting device (VLAD) TSP, Distribution A Ultimate Magnum Spike Strip TSP, Distribution A (Draft) TM 5-5805-901-13, Operator's Manual for Translation Device: Entry Control Point, Distribution A (Draft) TM 5-2590-536-10, Accessory Kit, Vehicular: EPVK, Distribution A TM 5-4240-536-10, Barrier, Vehicle Arresting, Portable: VLAD, M2, Distribution A (Draft) TM 5-5340-101-10, Spike Strip, Tire Deflation Device, Distribution A Operator’s Instructions for DSP-27, Ver.

7.0, Distribution D DSP-27 TSP, Ver. 9, Distribution D Operator’s Manual for the Strider Detector System, Version 4.0, Distribution C The Strider Detection System Student Guide, Version 7.7, Distribution C CEIA CMD V2.00 Operator Manual, Distribution C CEIA CMD Program of Instruction, Distribution C CEIA CMD V2.00 First and Second Line Maintenance Instructions Manual, Distribution C Spider M7 Operator’s Lesson Plan, Distribution D TM 9-1230-781-13&P, Distribution D Vallon VMC1 Gizmo Metal Detector Introduction, Distribution C Gizmo Metal Detector VMC1 – Operation Manual, Distribution C

Vallon VMR2/2+ Minehound Training Support Package, Distribution C Dual Sensor Mine Detector Minehound VMR2+/VMR2 Operation Manual, Distribution C Dual Sensor Mine Detector Minehound VMR2+/VMR2 Service Manual, Distribution C AN/PSS-14 Train the Trainer Lesson Plan, Distribution C AN/PSS-14 Operator Lesson Plan, Distribution C AN/PSS-14 Train the Trainer Course, Distribution C AN/PSS-14 Operator Course, Distribution C AN/PSS-14 Operator Course Trainee Guide, Distribution C AN/PSS-14 Train the Trainer Trainee Guide, Distribution C AN/PSS-14 Interactive Multimedia Instruction, Distribution C (Draft) TM 5-6665-373-13&P, Operator and Field Maintenance Manual for Detecting Set, Mine, Distribution C (Draft) TM 11-5830-288-10, Operator Manual for AN/TIC-43 Acoustic Hailing Device, Distribution D LightGuard Mercury (LGHg) Operator's Manual, Distribution C LightGuard Mercury (LGHg) Maintenance Manual, Distribution C LightGuard Mercury NET Training, Distribution C MARVIN (Multispectral Advance Reconnaissance Video Imaging Notator) Operator’s Manual, Distribution D TP-5201001-D, FMV-SI Remote Fixed Site Trailer (5147501) Operator’s Manual, Distribution D TP-4584801-D, Operator’s Manual for the Automated Mast Tilting System (AMTS), Distribution D Operator's Manual 28v DC 2000W Hybrid System, Distribution D STILETTO Installation, Operation, & Maintenance Manual, Distribution D TM 9-2330-392-14&P, Change 3, Distro A