Attachment_0020_-_Enhanced_Performance_Round_Non-Disclosure_Agreements.pdf

Attachment 0020 September 15, 2018

Enhanced Performance Round Company Non-Disclosure Agreement

I, ___________________________________, as an authorized representative of ___________________________________________________ (hereinafter RECIPIENT) with authority to bind the company, do hereby understand and acknowledge that _______________ (COMPANY NAME) and its employees will have access to nonpublic information related to the M855A1 and/or M80A1 Enhance Performance Rounds (EPR) and agree to, promise and bind the company to the following:

WHEREAS, it is the intention of the US Government to protect and prevent unauthorized access to EPR ammunition and the disclosure of nonpublic EPR information and, WHEREAS, RECIPIENT will have access to EPR ammunition and nonpublic information and, WHEREAS, "nonpublic information" includes, but is not limited to, information that is sensitive and would not be releasable under the Freedom of Information Act or the Arms Export Control Act;

NOW THEREFORE, RECIPIENT agrees to and promises as follows:

The RECIPIENT shall only use the EPR ammunition for the requested purpose and, THE RECIPIENT is not authorized to sell or otherwise distribute EPR ammunition, EPR specific components or nonpublic EPR information to any other party and, THE RECIPIENT is not authorized to distribute EPR ammunition, EPR specific components or nonpublic EPR information to any segment of RECIPIENT’s company which would require export from the United States to a foreign country and, If RECIPIENT becomes aware of any improper release or disclosure of EPR ammunition, EPR specific components or nonpublic EPR information, RECIPIENT will advise the US Government Contracting Officer in writing within 24 hours and, THE RECIPIENT must de-militarize the EPR bullets for any ammunition which is excess to the stated need. The recipient can use any de-militarization process they choose, so long as the bullets are not useable after the process is completed.

Penetrators may remain intact.

The RECIPIENT shall adopt physical security measures to prevent improper use of or divulgence and, THE RECIPIENT agrees not to reverse engineer the EPR bullets, nor to disassemble same to learn the design for any reason.

The DATA and inventions embodied therein to the EPR ammunition shall at all times remain the property of the US Government.

No representation or warranty is made or given as to the safety or suitability of any ammunition which may be provided hereunder.

RECIPIENT understands that any unauthorized use, release or disclosure of nonpublic information is in violation of this Agreement and will subject the RECIPIENT and the RECIPIENT's employer to administrative, civil, or criminal remedies as may be authorized by law.

____________________ (COMPANY NAME) agrees that only those of its employees with direct involvement in the use of the ammunition or with a need to know in regard to the use of the ammunition shall have access to it and the information concerning the ammunition. Further, ___________________ (COMPANY NAME) shall require each employee having access to the nonpublic information covered by this agreement to first execute a similar statement, as provided to __________________ (COMPANY NAME) by the Government and shall provide such executed agreement to the Government immediately upon execution.

Authorized Representative:

Signature:

Title:

Company:

Enhanced Performance Round Employee Non-Disclosure Agreement

I, ___________________________________, an employee and authorized representative of ____________________________ (hereinafter RECIPIENT), will have access to nonpublic information related to the M855A1 and/or M80A1 Enhanced Performance Rounds (EPR) and agree to and promise the following:

WHEREAS, it is the intention of the US Government to protect and prevent unauthorized access to EPR ammunition and the disclosure of nonpublic EPR information and, WHEREAS, RECIPIENT will have access to EPR ammunition and nonpublic information and, WHEREAS, "nonpublic information" includes, but is not limited to, information that is sensitive and would not be releasable under the Freedom of Information Act or the Arms Export Control Act;

NOW THEREFORE, RECIPIENT agrees to and promises as follows:

The RECIPIENT shall only use the EPR ammunition for the requested purpose and, THE RECIPIENT is not authorized to sell or otherwise transfer EPR ammunition, EPR specific components or nonpublic EPR information to any other party and, THE RECIPIENT is not authorized to transfer EPR ammunition, EPR specific components or nonpublic EPR information to any segment of RECIPIENT’s company which would require export from the United States to a foreign country and, If RECIPIENT becomes aware of any improper release or disclosure of EPR ammunition, EPR specific components or nonpublic EPR information, RECIPIENT will advise the US Government Contracting Officer in writing within 24 hours and, THE RECIPIENT must de-militarize the EPR bullets for any ammunition which is excess to the stated need. The recipient can use any de-militarization process they choose, so long as the bullets are not useable after the process is completed.

Penetrators may remain intact.

The RECIPIENT shall adopt physical security measures to prevent improper use of or divulgence and, THE RECIPIENT agrees not to reverse engineer the EPR bullets, nor to disassemble same to learn the design for any reason.

The DATA and inventions embodied therein to the EPR ammunition shall at all times remain the property of the US Government.

No representation or warranty is made or given as to the safety or suitability of any ammunition which may be provided hereunder.

RECIPIENT understands that any unauthorized use, release or disclosure of nonpublic information is in violation of this Agreement and will subject the RECIPIENT and the RECIPIENT's employer to administrative, civil or criminal remedies as may be authorized by law.

Recipient Name:

Signature:

Title:

Company: