Exhibit A and Attachment Index - W15QKN-20-R-0012 - MACS Cases.docx

Exhibit A and Attachments Index MACS Combustible Cases–M231/M232-series Combustible Case Assemblies for the 155mm Propelling Charge

W15QKN-20-R-0012

(Contains 12 Individual CDRLs)

AVAILABLE UPON REQUEST

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Attachment 0012 - AMSTA-AR Form 1350 - Technical Data Request Questionnaire.pdf

AMSTA-AR Form 1350, January 2011 ARDEC V 1.0

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:

W15QKN: ____________________ Technical Data Number: ___________________

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, AMSTA-AR Form 1350, January 2011 ARDEC V 1.0

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) image1.emf

Attachment 0010 - Non-Disclosure Agreement.docx Program Name: Modular Artillery Charge System (MACS) M231/M232-series Combustible Case Assemblies

NON-DISCLOSURE AND NON-USE AGREEMENT

This Agreement is made by a recipient Organization, _ __(name / address of recipient Organization)__________ (hereafter referred to as the "Recipient" or “Recipient Organization”), with the U. S. Army Contracting Command (ACC) – New Jersey, Picatinny Arsenal, New Jersey 07806-5000 (hereinafter referred to as "ACC-NJ"). Recipient has requested that ACC-NJ supply Recipient with a copy of technical DATA, software, and other information, for the solicitation for W15QKN-20-R-0012, and described in the APPENDIX of this Agreement, (hereafter referred to collectively as the “DATA”), originated by the ACC-NJ, Picatinny Arsenal, NJ 07806; point of contact: Ms. Aja Barnett, email: aja.m.barnett2.civ@mail.mil. The DATA is being requested of ACC-NJ by Recipient for the purposes to respond to Solicitation W15QKN-20-R-0012. In consideration for ACC-NJ 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 solicitation for the U.S. Government, (no. W15QKN-20-R-0012), 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 ACC-NJ 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. As a condition precedent to provision of Data, Recipient and such persons do hereby expressly agree to indemnify and hold harmless the U.S. Government, its agencies and instrumentalities against any and all suits, 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 such Data.

7. If ACC-NJ 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 ACC-NJ ‘s technology.

FOR RECIPIENT ORGANIZATION

By: _______________________________

(Authorized Signature)

(Typed Name-Title)

(Date)

(Name of Recipient Organization)

(Address of Recipient Organization)

ATTACHMENT

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

CD Title:

Note: All files on this CD are RESTRICTED ACCESS DATA U.S. ARMY TECHNICAL INFORMATION: THESE DOCUMENTS CONTAIN 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.

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Attachment 0011 - DD2345MilitarilyCriticalTechnicalDataAgreement.pdf

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, MAR 2011 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 (LAST, First, Middle Initial)

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

DLA LOGISTICS INFORMATION SERVICE

FEDERAL CENTER, 74 WASHINGTON AVE., NORTH

BATTLE CREEK, MI USA 49037-3084

Adobe Professional 8.0

INSTRUCTIONS FOR COMPLETING DD FORM 2345

DD FORM 2345 (BACK), MAR 2011

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.

xtype: Off ent_name:

ent_addr:

subsid_name:

cage:

cust_name:

cust_phone:

cust_title:

cust_email:

description:

xcitizenship: Off ctr_name:

ctr_title:

ctr_sign:

ctr_date:

xaccept: Off certno:

expdate:

dod_name:

dod_title:

dod_sign:

dod_date:

can_name:

can_title:

can_sign:

can_date:

Reset: