NGSW_Industry_Day_Instructions.pdf

Next Generation Squad Weapons: Industry Day Instructions

The US Government intends to provide a program overview, clarification, and address questions regarding the DRAFT Next Generation Squad Weapons (NGSW) Prototype Opportunity Notice (PON) during Industry Days to be held at Picatinny Arsenal, New Jersey. The Industry Days will take place on Wednesday through Friday, November 14 through 16, 2018. The NGSW program overview will be provided on November 14, 2018 beginning at 9:00am and will be completed by 12:00pm at the Cannon Gates Conference Center, 121 Buffington Rd, Picatinny Arsenal, NJ 07806. The Visitor's Center opens at 7:00am with registration at the conference center to begin at 8:30am with the start of the briefing at 9:00am. After the NGSW program overview is complete, vendors are expected to vacate the Cannon Gates Conference Center. The one-on-one sessions will be at the Main Conference Room, Bldg. 151 starting from November 14, 2018 at 1:00pm and through November 16, 2018 as necessary. One-on-one sessions to be conducted on Thursday and Friday, November 15th and 16th will begin at 9:00am. One-on-one session timeslots will be on a first come first serve basis. One-on-one sessions will be limited to 45 minutes with a 15 minute break between sessions. Vendors may have partners join their one-on-one sessions.

This Industry Day will be open to foreign companies per the attached ARDEC Foreign Disclosure Requirements for Foreign Visits System (FVS) Exempt Visit.

Please note: Due to the short timeframe of scheduling this Industry Day, foreign nationals must submit their information by October 25, 2018. Submissions after this date may not be processed in time for the Industry Day. All foreign nationals shall be escorted at all times while at Picatinny Arsenal.

Each attendee is required to complete and return the attached Notification and Authorization to Release Criminal Information for Entry form to access to Picatinny Arsenal to attend the Industry Day. Due to the amount of time needed to process visitors, please submit the Notification and Authorization to Release Criminal Information for Entry form as soon as possible.

This Industry Day will contain information with limited distribution. Therefore, all vendors shall provide a DD Form 2345 Military Critical Technical Data Agreement, AMSTA-AR Form 1350 Technical Data Request Questionnaire, and a Non-Disclosure and Non-Use Agreement to attend this event. Only one submission is needed per vendor. Vendors do not need to resubmit these documents if they have already submitted them for the DRAFT NGSW PON limited distribution data. Only four representatives from each company will be allowed to attend this Industry Day event.

Important: Vendors and Government personnel shall notify both Industry Day points of contact below of all planned Industry Day participants. Participants will be checked at the Cannon Gates Conference Center entrance. Only participants on the list will be allowed access. All others will be denied access. An Industry Day welcome packet with additional information will be provided to confirmed vendor participants.

Notes:

This Industry Day is issued for the purpose of informing Industry of the NGSW planned acquisition approach and soliciting feedback.

No award is intended as a result of this Industry Day nor does the Government intend to pay for information received. Any response to this Industry Day is not an offer and cannot be accepted by the Government to form a binding award.

The Government will not be responsible for any expense incurred by a vendor's decision to participate in the Industry Day. All travel and other associated costs are to be assumed by the interested vendor.

A lack of attendance to the Industry Day does not preclude participation in any future solicitations, if any are issued. It is the responsibility of the potential offerors to monitor FBO.gov for additional information pertaining to this requirement.

All vendor information will be treated confidentially. Vendors will not be permitted to give sales pitches or giveaways. Use of cameras, tape recorders, or other recording devices will not be allowed any time during the Industry Day. Vendor hardware is prohibited.

Industry Day points of contact are:

Travis James Agreements Officer Email: travis.t.james2.civ@mail.mil Phone: 973-724-4591

Corey Woodson Agreements Specialist Email: corey.w.woodson.civ@mail.mil Phone: 973-724-2712

Please contact them if you have any questions in regards to the NGSW Industry Day.

Top mailto:travis.t.james2.civ@mail.mil mailto:corey.w.woodson.civ@mail.mil

ARDEC Foreign Disclosure Requirements for Foreign Visits System (FVS) Exempt Visits

If your are planning on hosting a non-government sponsored foreign visit that is exempt from submission in the foreign visits system, an ARDEC employee must first contact the ARDEC FDO to arrange a meeting before any visit is coordinated. The following foreign disclosure requirements MUST be followed for all non-government sponsored foreign visits to US Army ARDEC. There is a 30 day processing time for all requests.

Any requests submitted within 14 days will be automatically denied.

A non-government sponsored visit is one in which a non-US person has the need to visit an ARDEC organization at Picatinny Arsenal, and does not represent his/her government. It may also involve US persons who represent a foreign company or organization.

Examples include: Non-US persons who work for a US contractor or university, or non-US persons who are employed by a foreign university or company and have no association with their government. The US/CAN JCP also falls in this category.

• No embassy sponsorship is required; however, a visit request must be received in the following format. A letter that is on letterhead from the visitor’s employer or designated office, signed by an individual from the security or personnel office at that location, or a Department Head of the visitor’s organization, (NOT THE VISITOR) must be faxed or emailed to both of the individuals listed below:

EMAIL: ARDEC FDO at andrew.j.pskowski.civ@mail.mil

FAX: (973) 724-6301 (Please include cover sheet)

The letter must include the following information, either included within the letter or as an attachment:

(An example letter is included in this document) -Full name of the visitor(s) -Nationality (Scanned copy of front and back of INS documentation (green card)) -Passport (Scanned copy of front and back of internal passport information) -Date of birth -Place of birth -Position and title of the visitor -Work Identification Card -The ARDEC Point of contact’s name (who you are visiting), office symbol, phone number, email address, and fax number (It is important to have ALL of this information in order to process the visit without unnecessary delays) -DETAILED Purpose of the visit and date(s) of visit

• ARDEC FDO will coordinate with visit POC and finalize all instructions for the visit.

• If the visit is approved, the visit POC will coordinate badge arrangements with the Picatinny Visitor Control

Center.

• Contact Edward Longo, 973-724-4936 guidance if your business activity involves foreign nationals and/or a foreign entity as described above.

• All final determinations for approval/denial will be communicated by the ARDEC POC directly to the requestor.

NOTE: Canadian nationals may submit a visit request with the above procedures if they are non-government sponsored AND if they are government representatives or Canadian contractors registered in the US/Canada Joint Certification Program provided the visit is Unclassified. If the visit requires classified information, both Canadian government representatives and contractors must contact their embassy in Washington, D.C. to submit a visit request.

Top

Lawful Permanent Residents or LPR (green card holders)

Paragraph 120.15 of the International Traffic in Arms Regulation (ITAR) categorizes an LPR as a U.S. person. This means no export license is required to legally transfer defense articles or services to an individual in that category, but validation of LPR status is required.

How do you know if your proposed visitor is a LPR? Ask during initial contact.

• Ask if the visitor is a U.S. citizen, a Lawful Permanent Resident*, or if they’re in the U.S. on a work visa* or student visa* (*status is a non-U.S. citizen)

• Visits by LPRs on official government business require 30 calendar days lead time to determine official immigration status and approval of the ARDEC Director and the Foreign Disclosure Officer.

A Foreign National (FN) is a person who is not a citizen or national of the United States unless that person has been lawfully admitted for permanent residence in the United States under the Immigration and Naturalization Act (Title 8, United States Code, Section 1101 et seq.). In accordance with ITAR, it also means any foreign corporation, business association, partnership, trust, society or any other entity or group that is not incorporated or organized to do business in the United States, as well as international organizations, foreign governments, and any agency or subdivision of foreign governments (e.g., diplomatic missions).

• Visits by foreign nationals, representing their government or International Organization require 30 calendar days lead time and approval of the ARDEC Director and the ARDEC Foreign Disclosure Officer and are coordinated through the Foreign or International Organization’s embassy in Washington DC via the Foreign Visit System.

Processing and approving LPR and or FN visits to ARDEC require specific minimum lead-times. The lead-times outlined above are designed to facilitate individual background checks which are accomplished in close coordination with various law enforcement and internal security agencies but also requires mandatory administrative actions to be accomplished as well to determine the appropriate security assurances exists before access to ARDEC resources is granted.

Processing Requirements for Picatinny Arsenal

All visitors are required to enter through Picatinny Arsenal Main Gate, and must process through Picatinny Arsenal Visitor Control Center. The primary form of identification that must be presented is a passport. All visitors will receive a temporary badge that must be displayed at all times while on the installation. Upon completion of the visit, all visitors must return their temporary badges to the Picatinny Visitor Control Center.

For the auspices of this visit request, visitors are not authorized to bring their privately owned vehicles onto Picatinny Arsenal. Visitors must be escorted at all times while visiting Picatinny Arsenal. No cameras or digital media recording devices are authorized. All employees wishing to visit Picatinny Arsenal are responsible for understanding the above requirements and complying with all Picatinny Arsenal rules and regulations.

Sample request letter

COMPANY/UNIVERSITY LETTERHEAD

Date of Request Letter

To: Commander US Army ARDEC, RDAR-CIS Attn: ARDEC Foreign Disclosure Officer Building 93 Picatinny Arsenal, NJ 07806

The purpose of this letter is to request that full name(s) of visitors, with date of birth and place of birth, visit US Army ARDEC at Picatinny Arsenal, NJ on proposed date of visit to detailed purpose of visit request. Our visitor(s) will be meeting with name of ARDEC POC, office symbol, phone number, email address and fax number. The position of the visitor(s) and title is state position and title of each visitor.

Attached are copies of the visitor’s passport (Scanned copy of front and back of passport) and nationality identification (Scanned copy of front and back of INS documentation/green card). We understand that our visitors must have their passport as the primary form of identification for the date(s) of the visit to ARDEC, Picatinny Arsenal. All visitors are required to process through Picatinny Arsenal Main Gate, and must process through Picatinny Arsenal Visitor Control Center. All visitors will receive a temporary badge that must be displayed at all times while on the installation. Upon completion of the visit, all visitors must return their temporary badges to the Picatinny Visitor Control Center. For the auspices of this visit request, we fully understand that our visitors are not authorized to bring their privately owned vehicles onto Picatinny Arsenal. Our visitors must be escorted at all times by US Army ARDEC personnel while visiting Picatinny Arsenal. Failure to comply to the instructions set forth in this letter may result in a misconduct report to be filed with Picatinny Arsenal Garrison Police Department. We have also included a copy of the work identification document that certifies the visitors are employed by our company (Scanned copy of work identification card/employment verification).

I understand that name of company visitor’s are employed by will assume the full responsibility of the conduct of all visitors while visiting US Army ARDEC.

Signature

Name, position, and contact information of endorsee

Notification and Authorization to Release Criminal Information for Entry

Notification For the purpose of accessing Picatinny Arsenal I am required to consent to a criminal background check as a condition of being granted access. This check includes the following: Criminal history reference searches for felony and misdemeanour convictions at the county and federal levels of every jurisdiction where I currently reside or where I have resided; and sex offender registry searches at the county and federal levels in every jurisdiction where I currently reside or where I have resided. If I decline to submit to a Criminal background check I understand that I will be denied access to Picatinny Arsenal.

Authorization I hereby authorize Picatinny Arsenal to conduct the criminal background check described above.

I also am aware that records of arrests on pending charges and/or convictions are not an absolute bar to entrance to Picatinny Arsenal.

Such information will be used to determine whether the results of the background check reasonably bear on my ability to enter in a manner which is safe for Picatinny Arsenal visitors, employees, and other community members.

Please print LEGIBLY (for identification purposes):

Full Legal Name:

First Middle Last

Date of Birth: Race: Gender: Female Male Month/Day/Year

Place of Birth_________________________ Social Security Number:

Driver’s License # State of Driver’s License

Have you ever been arrested for a criminal *offense or have any pending criminal* charges against you?

Yes (provide detail on the back of page) No

To the best of my knowledge, the information provided in this Notice and Authorization and any attachments thereto is true and complete.

I understand that any falsification or omission of information may disqualify me for entrance and/or may serve as grounds for denial of entry to Picatinny Arsenal. By signing below I hereby provide my authorization to Picatinny Arsenal to conduct a criminal background check. In addition, I understand that I have a right to appeal an adverse decision made by Picatinny Arsenal based on my background check information.

Signature Date

Individual is cleared for entry to Picatinny Arsenal

Yes: ____ No: _____

DEPARTMENT OF THE ARMY

UNITED STATES ARMY INSTALLATION MANAGEMENT AGENCY

PICATINNY ARSENAL, NEW JERSEY 07806-5000

MILITARILY CRITICAL TECHNICAL DATA AGREEMENT

(Please read Agency Disclosure Notice and Instructions on back before completing this form.) Apr 30, 2011

OMB No. 0704-0207 OMB approval expires

DD FORM 2345, MAY 2008 PREVIOUS EDITION IS OBSOLETE.

1. TYPE OF SUBMISSION (X one) a. INITIAL SUBMISSION b. REVISION c. 5-YEAR RENEWAL

2. ENTERPRISE OR INDIVIDUAL DATA (Referred to as a "certified contractor" upon acceptance of certification by the U.S./Canada - JCO)

a. NAME (Name of Enterprise or Individual) b. ADDRESS (Physical address, including P.O. Box if applicable)

c. NAME OF SUBSIDIARY/DIVISION/DEPARTMENT

d. CAGE CODE

3. DATA CUSTODIAN

a. NAME OR POSITION DESIGNATION (See Instructions)

d. E-MAIL ADDRESSc. TITLE

b. TELEPHONE NUMBER (Include Area Code)

4. DESCRIPTION OF RELEVANT BUSINESS ACTIVITY (Print or type)

5. AS A CONDITION OF RECEIVING MILITARILY CRITICAL TECHNICAL DATA, THE ENTERPRISE OR INDIVIDUAL CERTIFIES THAT:

a. CITIZENSHIP/RESIDENCY STATUS.

The individual designated either by name or position designation in Item 3, who will act as custodian of the militarily critical technical data on behalf of the contractor, is a citizen or person admitted lawfully for permanent residence into:

(X (1) or (2))

(1) THE UNITED STATES (2) CANADA

b. The data are needed to bid or perform on a contract with any agency of the U.S.

Government or the Canadian Government or for other legitimate business activities in which the contractor is engaged, or plans to engage.

c. They (1) acknowledge all responsibilities under applicable U.S. export control laws and regulations (including the obligation, under certain circumstances, to obtain an export license from the U.S. Government prior to the release of militarily critical technical data within the United States) or applicable Canadian export control laws and regulations, and (2) agree not to disseminate militarily critical technical data in a manner that would violate applicable U.S. or Canadian export control laws and regulations.

d. They will not provide access to militarily critical technical data to persons other than their employees or eligible persons designated by the registrant to act on their behalf unless such access is permitted by U.S. DoDD 5230.25, Canada's TDCR, or by the U.S. or Canadian Government agency that provided the technical data.

e. No person employed by the enterprise or eligible persons designated by the registrant to act on their behalf, who will have access to militarily critical technical data, is disbarred, suspended, or otherwise ineligible to perform on U.S. or

Canadian Government contracts or has violated U.S. or contravened Canadian export control laws or has had a certification revoked under the provisions of U.S.

DoDD 5230.25 or Canada's TDCR.

f. They are not themself debarred, suspended, or otherwise ineligible to perform on U.S. or Canadian Government contracts, and have not violated U.S. or contravened Canadian export control laws, and have not had a certification revoked under the provisions of U.S. DoDD 5230.25 or Canada's TDCR.

6. CONTRACTOR CERTIFICATION

I certify that the information and certifications made by me are true, complete, and accurate to the best of my knowledge and belief and are made in good faith. I understand that a knowing and willful false statement on this form can be punished by fine or imprisonment or both.

(For U.S. contractors see U.S. Code, Title 18, Section 1001 and for Canadian contractors see Section 26 of the Defense Production Act.)

a. TYPED NAME (LAST, First, Middle Initial) b. TITLE c. SIGNATURE d. DATE SIGNED

7. CERTIFICATION ACTION (For JCO Use Only)

a. CERTIFICATION ACCEPTED. This certification number, along with a statement of intended data use, must be included with each request for militarily critical technical data.

b. NUMBER c. EXPIRATION DATE

a. TYPED NAME

b. TITLE

c. SIGNATURE d. DATE SIGNED

8. DOD OFFICIAL

a. TYPED NAME (LAST, First, Middle Initial)

b. TITLE

c. SIGNATURE d. DATE SIGNED

9. CANADIAN OFFICIAL

MAIL THE ORIGINAL, COMPLETED COPY OF THIS FORM AND A COPY OF YOUR COMPANY'S INCORPORATION CERTIFICATE, STATE/ PROVINCIAL BUSINESS LICENSE, SALES TAX IDENTIFICATION FORM OR OTHER DOCUMENTATION WHICH VERIFIES THE LEGITIMACY

OF THE COMPANY TO:

U.S./CANADA JOINT CERTIFICATION OFFICE

DEFENSE LOGISTICS INFORMATION SERVICE

FEDERAL CENTER, 74 WASHINGTON AVE., NORTH

BATTLE CREEK, MI USA 49037-3084

Adobe Professional 7.0

INSTRUCTIONS FOR COMPLETING DD FORM 2345

DD FORM 2345 (BACK), MAY 2008

AGENCY DISCLOSURE NOTICE

SPECIFIC INSTRUCTIONS

1. Mark only one box. Mark "REVISION" (of a previously accepted submission) to show revised information, such as addresses or business description. Mark "5-YEAR RENEWAL" in response to a renewal notice from U.S./Canada - JCO. When either the

"REVISION" OR "5-YEAR RENEWAL" box is marked, enter your current Certification Number in Item 7.b.

2.a. For an enterprise, show full name of corporate parent; or institution. For an individual, show full name (LAST, First, Middle initial).

b. Enter the physical mailing address of the enterprise or individual making the certification. If a P.O. Box is used for mailing purposes, include street address as well.

c. Each corporate subsidiary or division that is to receive militarily critical technical data must be certified separately. If not applicable, so state.

3. Show the name, business telephone number (including area code), title of the individual and their e-mail address (optional) who will receive militarily critical technical data and be responsible for its further dissemination. A position designation may be used only when conditions described in Item 5.a. are prerequisites for holding that position.

4. Describe the business activity of the entity identified in Item 2 in sufficient detail for the U.S. or Canadian Government agency controlling the data to determine whether the militarily critical technical data that you may request from time to time are reasonably related to your stated business activity. For example, state that you design and construct high-pressure, high volume hydraulic pumps for use in connection with aircraft control surfaces;

do not state simply "hydraulic pumps." Provide concise statements within the space provided.

5. If certifications 5.e. and 5.f. cannot be made, provide (on a separate sheet) a description of any extenuating circumstances that may give sufficient reason to accept your certification.

5.a. If the location of the entity identified in Item 2.a. is the United

States, the individual named in Item 3 must be a U.S. citizen or a person admitted lawfully for permanent residence into the United

States. If the location of the entity is in Canada, the individual named in Item 3 may be either a Canadian or U.S. citizen or a person admitted lawfully for permanent residence into Canada.

6. If Item 2 identifies an individual, that individual must sign. If Item

2 identifies an institution or a corporate entity, a person who can legally obligate the enterprise to a contract must sign.

7. CERTIFICATION ACTION.

a. ACCEPTED. The U.S./Canada - JCO has assigned the enterprise or individual identified in Item 2.a., a Certification Number which will identify the individual or enterprise as a "certified contractor" as defined in U.S. DoDD 5230.25 or Canada's TDCR.

The acceptance is valid for a period of five years from the acceptance date unless sooner revoked under the provisions of

U.S. DoDD 5230.25 or Canada's TDCR. If at any time a certified contractor is unable to adhere to the conditions under which a certification was accepted, the contractor's certification is considered void, and the contractor will either submit a revised certification or surrender all militarily critical technical data obtained under this agreement to the data controlling offices specified on the documents.

b. NUMBER. Certification Number (assigned by the JCO).

c. EXPIRATION DATE. Date Certification Number will expire

(assigned by the JCO).

LEGEND:

DoD = Department of Defense

DoDD = Department of Defense Directive

U.S./Canada - JCO = United States/Canada Joint Certification Office

TDCR = Technical Data Control Regulations

Militarily Critical Technical Data = Unclassified technical data as governed by U.S. DoDD 5230.25 or Canada's TDCR.

The public reporting burden for this collection of information is estimated to average 20 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing the burden, to the Department of Defense, Washington Headquarters Services, Executive Services Directorate, Information

Management Division, 1155 Defense Pentagon, Washington, DC 20301-1155 (0704-0207). Respondents should be aware that notwithstanding any other provision of law, no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number.

Technical Data Request Questionnaire

This Questionnaire is designed to provide Government personnel with a detailed description of the technical data being requested as well as adequate information to permit compliance with Department of Defense (DoD) Directives 5230.24 and 5230.25. Each question should be answered completely and in detail, thereby providing the Government with all the information necessary to satisfy the request for technical data promptly. Failure to provide a complete response to all questions and/or abstract answers, such as “unknown”, “not available”, etc. may unnecessarily delay the processing of your request and/or result in denial of release.

1. Name of Requester: __________________________________________________________

Address: _________________________________________________________________

Point of contact regarding this request: ____________________________________________

Telephone Number (including area code): ____________________________________________

2. U.S./Canada Joint Certification Office Certification Number: ____________________________ (Assigned after submittal and approval of DD Form 2345, Militarily Critical Technical Data Agreement)

3. Requester’s proof of legitimate business interest in the information requested. Examples of such are submission of Federal Supply Code (FSC) or Contractor and Government Entity Cage Code

(CAGE): _____________________________________________________________________

4. Is Requester a citizen of the United States? Yes ______ No ______

If “No”, specify citizenship: ______________________________________________________

5. Identify the solicitation and technical data number (i.e. Technical Data Package Number, Drawing Number or Specification Number) under which this technical data is being requested:

Special Notice:

W15QKN-19-Z-042P

Technical Data Number:

DRAFT PON NGSW – Attachment 3 – Ammunition Data DRAFT PON NGSW – Attachment 10 – NATO Catalogue of Qualified Explosives DRAFT PON NGSW – Attachment 13 – Capability Matrix

6. Any technical data which may be released will be subject to the terms and conditions as given in the solicitation and the following:

a. Should the United States Government inadvertently deliver to the Requester any documents containing restrictive legends (prohibiting use by the Requester), the

Requester agrees to promptly return such documents without using, copying or disclosing same to third parties.

b. If the said data is governed by the Arms Export Control Act and the International Traffic in Arms Regulations (ITAR), registration with the Department of State, Directorate of Defense Trade Controls, is required prior to manufacture or export of the defense article or furnishing of the defense service made in accordance therewith, unless an exemption under the ITAR applies.

c. If the said data is governed by the Arms Export Control Act and the International Traffic in Arms Regulations (ITAR), an export license must be obtained from the Department of State, Directorate of Defense Trade Controls, before the said data, or any portion thereof, or any items made in accordance therewith, are exported, unless an exemption under the ITAR applies.

I certify that all statements made by me are true and correct to the best of my belief and I agree to all terms and conditions of the release.

Signed on behalf of: __________________________________________________________________________________________ (Name of Firm)

On: __________________________________________________________________________________________ (Day, Month, Year)

By: __________________________________________________________________________________________ (Typed or Printed Name and Title)

Contract No.:

Solicitation No.:

Special Notice No.: W15QKN-19-Z-042P

Program Name: Next Generation Squad Weapons (NGSW) Prototype Opportunity Notice (PON)

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 Armament Research Development and Engineering Center, Picatinny Arsenal, New Jersey 07806-5000 (hereafter referred to as "RDECOM-ARDEC" or “ARDEC”).

Recipient has requested that RDECOM-ARDEC supply Recipient with a copy of RDECOM-ARDEC technical DATA, software, and other information, for the Next Generation Squad Weapons (NGSW), Prototype Opportunity Notice (PON), and described in the APPENDIX of this Agreement, (hereafter referred to collectively as the “DATA”), originated by the Project Manager Soldier Weapons of RDECOM-ARDEC, Picatinny Arsenal, NJ. 07806; point of contact: Mr. Travis James, email travis.t.james2.civ@mail.mil. The DATA is being requested of RDECOM-ARDEC by Recipient for the purposes of developing NGSW prototypes. In consideration for RDECOM-ARDEC 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. W15QKN-19-Z- 042P), 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 RDECOM-ARDEC 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 mailto:travis.t.james2.civ@mail.mil 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 RDECOM-ARDEC 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 RDECOM-ARDEC'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

DRAFT PON NGSW – Attachment 3 – Ammunition Data DRAFT PON NGSW – Attachment 10 – NATO Catalogue of Qualified Explosives DRAFT PON NGSW – Attachment 13 – Capability Matrix

Doc1