Attachment_0004_Non_Disclosure_and_Non-Use_Agreement.pdf

Contract No.: TBD

Solicitation No.: W15QKN-19-R-0021

Program Name: STINGER Fuze

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, _________________________________________________ (hereafter referred to as the "Recipient" or “Recipient Organization”), with the U.S. Army

Fuze Management Office, Picatinny Arsenal, New Jersey, U.S.A 07806-5000. Recipient has requested that the Fuze Management Office supply Recipient with a copy of the

14BBH049A 9297066 Fuze, Guided Missile, M934E6, TDP, 14BBH049B 9344462 Warhead Body Assembly TDP, the M934E7 Fuze Draft Drawings, and the Warhead Body Assembly with Conformal Antenna Draft Drawings referenced in the Solicitation

Package technical data, software, and other information, (hereafter referred to collectively as the “DATA”), originated by the Fuze Management Office, Picatinny

Arsenal, NJ 07806 as well as the Hazardous Component Safety Data Statements referenced in the Solicitation Package technical data, software, and other information, (hereafter referred to collectively as the “DATA”), originated by the Munitions Safety and Hazard Classification Branch, Picatinny, NJ 07806-5000. The point of contacts for this information are: Ms. Evangelina C. Tillyros, Telephone 973-724-6545, Email:

Evangelina.c.tillyros.civ@mail.mil; Ms. Charis Murray, Telephone 973-724-4268, Email: Charis.m.murray.civ@mail.mil

The Technical Data Packages are listed below:

a. 14BBH049A 9297066 Fuze, Guided Missile, M934E6, TDP (distribution D)

b. 14BBH049B 9344462 Warhead Body Assembly TDP (distribution D)

c. STINGER M934E7 Draft Drawings (distribution D)

d. STINGER Warhead Body Assembly with Conformal Antenna Draft Drawings (distribution D)

e. Hazardous Component Safety Data Statement (distribution C)

The DATA for a. and b. is under Limited Distribution D. Distribution authorized to DoD

Agencies and DoD Contractors Only. This media contains sensitive technology. This determination was made on 11 April 2012. Other requests must be referred to the Fuze

Management Office, ATTN: ARDEC, AMSTA-AR-CCF-D, Picatinny Arsenal, NJ 07806-

5000.

The DATA for c. is under Limited Distribution C. Distribution authorized to U.S.

Government Agencies and their contractors. This determination was made on 09 May

2012. Other requests must be referred to the Munitions Safety and Hazard Classification

Branch, Picatinny, NJ 07806-5000.

The DATA is being requested of the Fuze Management Office and Munitions Safety and Hazard Classification Branch by Recipient for the purposes of preparing to bid for, and/or preparing to manufacture, the Stinger M934E6 Fuzes, Stinger M934E6 Warhead Body Assemblies, Stinger M934E7 Fuzes and Stinger M934E7 Warhead Body Assemblies for the U.S. Army;

mailto:Evangelina.c.tillyros.civ@mail.mil mailto:Charis.m.murray.civ@mail.mil and to perform under contract No. TBD, resulting from solicitation Number: W15QKN-19-R-

0021 for the U.S. Government. In consideration for the Fuze Management Office- ARDEC, AMSTA-AR-CCF-D 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 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 the U.S. Army 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 manufactured by utilizing same), even if Recipient's facility may not be located within the United States of America.

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 the Fuze Management Office 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 the Fuze Management Office’s technology.

FURTHER CONDITIONS OF RELEASE

1. It is agreed by Recipient that as a condition precedent to provision of DATA, the

U.S. Government, its agencies and instrumentalities shall not be liable under any lawsuits, actions, claims, costs or demands (including without limitation, for death or personal injury of any persons, and for any property damage), occasioned by use of any

DATA. The U.S. Government assumes no liability for loss, damage, or injuries resulting from manufacture or use for any purpose of any product, article, system, or material involving reliance upon any or all technical data furnished in response to the request for technical data. The U.S. Government does not warrant the adequacy, accuracy, currency, or completeness of the technical data. Recipient and all persons receiving DATA hereunder do hereby agree to relieve and save the U.S. Government harmless against any and all such claims occasioned by use of any DATA.

2. The U.S. Government assumes no liability for direct patent infringement, or contributory patent infringement, misuse of technical data, or breach of any intellectual property rights of any third parties.

3. If the Fuze Management Office provides Recipient with physical models, samples or experimental apparatus for Recipient's evaluation hereunder, Recipient agrees to not reverse engineer such items, nor to disassemble same to learn the design of such items for unauthorized use of the Project Manager's technology.

4. Recipient hereby agrees that all said defined “DATA” shall be subject to the legend in the Attachment to this Agreement.

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 AND SOFTWARE

THIS DOCUMENT CONTAINS TECHNICAL DATA AND SOFTWARE THAT ARE THE

PROPERTY OF THE UNITED STATES ARMY PICATINNY ARSENAL. ALL RIGHTS ARE

RESERVED TO PICATINNY ARSENAL ONLY. THESE TECHNICAL DATA AND

SOFTWARE SHALL NOT BE USED FOR ANY PURPOSE OTHER THAN THE PURPOSES

FOR WHICH THEY WERE FURNISHED NOR DISTRIBUTED OR REPRODUCED, NOR

ANY PART OF THEIR CONTENTS REVEALED IN ANY MANNER TO PERSONS OTHER

THAN THE INDIVIDUALS OR ORGANIZATIONS SPECIFIED TO RECEIVE SAME OR

THEIR EMPLOYEES, WITHOUT THE EXPRESS AND SPECIFIC WRITTEN PERMISSION

THEREFOR BY A DULY AUTHORIZED REPRESENTATIVE OF PICATINNY ARSENAL.

THIS LEGEND MUST BE INCLUDED ON ANY REPRODUCTION OF THIS MATERIAL

OR PORTIONS THEREOF.

DESTRUCTION NOTICE – For classified documents, follow the procedures in DoD 5220.22-M, Industrial Security Manual, Section 11-19 or DoD 5200.1-R, Information Security Program Regulation, Chapter IX. For unclassified, limited documents, destroy by any method that will prevent disclosure of contents or reconstruction of the document.

APPENDIX

(Listing of subject matter which may be included in the DATA being released)

DISTRIBUTION D

a. 14BBH049A 9297066 Fuze, Guided Missile, M934E6, TDP

b. 14BBH049B 9344462 Warhead Body Assembly TDP

c. STINGER M934E7 Draft Drawings

d. STINGER Warhead Body Assembly with Conformal Antenna Draft Drawings

DISTRIBUTION C

a. HCSDS