Attachment_0001_-_Non_Disclosure_Agreement.docx
DOCX document 22 KB Posted
- Attached to
- Explosive Hazard Pre-detonation Roller System
- Solicitation number
- W56HZV-16-R-0007
About this file
This document includes a non-disclosure agreement and details of a forthcoming competitive solicitation for an Explosive Hazard Pre-detonation Roller System. The Army Contracting Command - Warren intends to issue the solicitation on or after January 29, 2019 seeking a five year firm-fixed-price Indefinite-Delivery Indefinite-Quantity contract for the EHP Roller program. The contractor will build 40 to 370 EHP Roller Systems to a Government Level III Technical Data Package, which will be made available through the forthcoming solicitation and is export controlled. The non-disclosure agreement requires recipients to protect restricted technical data and only use it for the purposes of responding to the EHP Roller Production effort.
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Attachment 0001-EHP Roller Production Non-Disclosure Agreement
Use and Non-Disclosure Agreement Export Controlled Technical Data Package in Support of Explosive Hazard Predetonation Roller (EHP Roller) Production Effort Solicitation W56HZV-16-R-0007
The undersigned, ______________________, an authorized representative of the _______________________, (which is hereinafter referred to as the "Recipient") requests the Government to provide the Recipient with technical data or computer software (hereinafter referred to as "Data") in which the Government's use, modification, reproduction, release, performance, display, or disclosure rights are restricted. Specific information on accessing this data is located within the solicitation.. In consideration for receiving such Data, the Recipient agrees to use the Data strictly in accordance with this Agreement:
(1) The Recipient shall-
| (a) Use, modify, reproduce, release, perform, display, or disclose Data marked with government purpose rights or SBIR data rights legends only for government purposes and shall not do so for any commercial purpose. The Recipient shall not release, perform, display, or disclose these Data, without the express written permission of the Government Procuring Contracting Officer (PCO) for the EHP Roller Production program |
| (b) Use, modify, reproduce, release, perform, display, or disclose technical data marked with limited rights legends only within their own firm and only for the purpose of preparing a proposal for the EHP Roller Production program. Release, performance, display, or disclosure to other persons is not authorized unless specifically authorized by the EHP Roller Production PCO |
(2) The Recipient agrees to adopt or establish operating procedures and physical security measures designed to protect these Data from inadvertent release or disclosure to unauthorized third parties.
(3) The Recipient agrees to accept these Data "as is" without any Government representation as to suitability for intended use or warranty whatsoever. This disclaimer does not affect any obligation the Government may have regarding Data specified in a contract for the performance of that contract.
(4) By executing this NDA, the offeror certifies they have reviewed, understand, and agree to comply with controlled, unclassified handling instructions available at:
TBD
(5) The Recipient agrees to indemnify and hold harmless the Government, its agents, and employees from every claim or liability, including attorney’s fees, court costs, and expenses arising out of, or in any way related to, the misuse or unauthorized modification, reproduction, release, performance, display, or disclosure of Data received from the Government with restrictive legends by the Recipient or any person to whom the Recipient has released or disclosed the Data.
(6) The Recipient is executing this Agreement for the benefit of the Government. The data offered under this agreement is being offered to the recipient for a specific Governmental purpose, that being to provide information to the recipient specifically for the preparation of proposal or to determine if the recipient desires to submit a proposal for the EHP Roller Production program. However, should the recipient disclose the data in a manner inconsistent with this agreement, action may be taken by the Government.
(7) The Recipient agrees to destroy these Data, and all copies of the Data in its possession, no later than 30 days after the award of the initial EHP Roller Production procurement contract and certify in writing to the Government PCO that it has been done.
(8) This Agreement shall be effective for the period commencing with the Recipient's execution of this Agreement and ending the earlier of 01 August 2019 or 30 days after the award, by the Government, for a EHP Roller Production contract. The obligations imposed by this Agreement shall survive the expiration or termination of the Agreement.
EMAIL A SIGNED COPY OF THIS USE AND NON-DISCLOSURE AGREEMENT TO THE ATTENTION: Mr. Winslow (Tom) Morrow, winslow.t.morrow.civ@mail.mil, 586-282-9949 and Ms. Sara Warren, sara.m.warren.civ@mail.mil, (586) 282-3898
Recipient's Business Name _______________________________________________________________
| By_____________________________________ | _________________________________ | |
| Authorized Representative | Date |
Representative's Typed Name ____________________________________________________________
Title _____________________________________________________________________________
And Email________________________________________________________________________
Cage Code____________
Business Phone_________________________________
FOUO
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