Updated Attachment 0004 NDA (PM-MAS).pdf
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- Solicitation number
- W15QKN-21-R-0005
About this file
This non-disclosure agreement and related federal contract opportunity seek proposals for the production of M1041 9mm marking cartridges. The Army Contracting Command will award a contract to manufacture, test, inspect, package and deliver M1041 9mm marking ammunition to be used with the Close Combat Mission Capability Kit. Marking rounds will feature a reduced-energy, non-lethal cartridge that leaves a visible water-soluble color marking on targets without penetrating clothing or body armor. Interested offerors must sign a non-disclosure agreement to receive technical data needed for proposal preparation, with the proposal due in response to solicitation W15QKN-21-R-0005. The contractor will be expected to provide all labor, materials, facilities and equipment required to meet the performance specifications outlined in the drawings, product specification and statement of work.
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Text version
DEPARTMENT OF THE ARMY
OFFICE OF THE PROJECT MANAGER
MANEUVER AMMUNITION SYSTEMS
PICATINNY, NJ 07806-5000
Program Name: 9mm CCMCK
NON-DISCLOSURE AND NON-USE AGREEMENT
This Non-Disclosure and Non-Use Agreement (hereinafter “NDA”) is made by the Recipient Organization, [Company Name] (hereinafter “Recipient”), having a principal place of business at [Principal Place of Business], with the Project Manager Maneuver Ammunition Systems, Picatinny Arsenal, New Jersey 07806-5000 (hereinafter “PM-MAS”). Recipient has requested that PM-MAS supply Recipient with a copy of technical data, software, and other information (as described in the Appendix), for use in relation to the 9mm CCMCK] program. (hereinafter collectively referred to as “Data”). In consideration for PM- MAS agreeing to supply the Data to the Recipient, the Recipient hereby agrees to the following:
1. Recipient warrants that the Data shall only be used for the express purpose of preparing a proposal in response to W15QKN-21-R-0005, and for no other purpose.
2. Recipient shall not disclose the Data to any third party, which includes any subcontractors.
Recipient shall immediately notify PM-MAS in writing if Recipient becomes aware of any disclosure of the Data in violation of the express terms of this NDA.
3. Recipient’s use of the Data shall be subject to the following Legend, as well as any other restrictions or markings on the Data. Recipient shall not remove or alter any such restrictions or markings, and the restrictions or markings shall appear on any reproduction of all, or of any portion of, the Data. Recipient shall adopt physical security measures to prevent improper use or disclosure of the Data.
RESTRICTED ACCESS DATA
U.S. ARMY TECHNICAL INFORMATION
THIS DOCUMENT CONTAINS INFORMATION THAT IS THE PROPERTY OF THE UNITED STATES ARMY, PICATINNY ARSENAL. ALL RIGHTS ARE RESERVED TO THE UNITED STATES ARMY, PICATINNY ARSENAL ONLY.
THIS INFORMATION SHALL NOT BE USED FOR ANY PURPOSE OTHER THAN THOSE FOR WHICH IT WAS FURNISHED, NOR DISTRIBUTED OR REPRODUCED OR REVEALED IN ANY MANNER TO PERSONS OTHER THAN THE INDIVIDUALS OR ORGANIZATIONS SPECIFIED THEREIN. THIS LEGEND MUST BE INCLUDED ON ANY
REPRODUCTION, IN WHOLE OR IN PART, OF THIS MATERIAL.
4. The non-disclosure and non-use obligations within this NDA shall be obligations of both Recipient itself and the individuals who are officers, directors, or employees of Recipient, as well as any other business entity that Recipient owns or controls.
5. If Recipient receives any physical models, samples or experimental apparatus for use or evaluation, Recipient agrees not to reverse engineer such items, nor to disassemble them to discover or understand their design, for any unauthorized use of the Data.
6. Recipient shall promptly return all the Data, including all copies in whatever form or embodiment, to PM-MAS upon request. The Data and all inventions embodied within it, either in whole or in part, shall at all times remain the property of the U.S. Government. Any improvements made by Recipient to the Data and all inventions embodied within it shall become the exclusive property of the U.S. Government.
7. Recipient shall adhere to the Export Laws of the United States, and obey the U.S. Army's directives regarding non-export and non-disclosure of the Data (including any items created by utilizing the Data), even if Recipient's facility may not be located within the United States of America.
8. No license is granted to Recipient by this NDA. No representation or warranty is made or given as to the safety or suitability of any of the Data provided, or of items or processes derived in whole or in part from the Data. No representation or warranty is made or given as to the existence or possibility of any
DEPARTMENT OF THE ARMY
OFFICE OF THE PROJECT MANAGER
MANEUVER AMMUNITION SYSTEMS
PICATINNY, NJ 07806-5000
intellectual property rights claims in the Data, including but not limited to patent, copyright and trade secret claims.
9. Recipient understands that any unauthorized use or disclosure of the Data in violation of this NDA will be subject to any administrative, civil or criminal remedies authorized by law.
10. This NDA shall become effective on the date executed.
RECIPIENT ORGANIZATION
Authorized Signature
Typed Name / Title
Date
Contact Number / Email
APPENDIX
Description of the Data covered by this NDA:
1. MIL-PRF-3213
2. MIL-PRF-3215
3. Dwg-13008767
4. Dwg-13008770
File details come from the government source that posted it. Updated .