Attachment 0068 - Use and Non Disclosure Agreement.rtf

RTF text file 187 KB Posted

Attached to
FMTV A2 Production Effort Federal contract opportunity
Solicitation number
W56HZV16R0024
Issued by
Department of the Army Materiel Command Contracting Command Detroit Arsenal

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Attachment 0068

Text of this file

Attachment 0068 Use and Non-Disclosure Agreement

The undersigned, ________________________, an authorized representative of the___________________, (which is hereinafter referred to as the "Recipient") requests the Government to allow the Recipient to view the technical data as displayed on the technical demonstrator vehicles (hereinafter referred to as "Data"). In consideration for receiving such Data, the Recipient agrees to use the Data strictly in accordance with this Agreement:

The Recipient shall-

Use, modify, reproduce, release, perform, display, or disclose Data only for government purposes and shall not do so for any commercial purpose. The Recipient shall not release, perform, display, or disclose these Data to any person other than its employees with a need to know basis, subcontractors or suppliers, or prospective subcontractors or suppliers , who require these Data to submit offers for, or perform, contracts with the Recipient. The Recipient shall require its subcontractors or suppliers, or prospective subcontractors or suppliers, to sign a use and non-disclosure agreement prior to disclosing or releasing these Data to such persons. Such agreement must be consistent with the terms of this agreement.

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.

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.

The Recipient agrees to indemnify and hold harmless the Government, its agents, and employees from every claim or liability, including attorneys 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 distribution limitations by the Recipient or any person to whom the Recipient has released or disclosed the Data.
The Recipient agrees to comply with all applicable export control requirements including the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR}, as well as Distribution Statement D restrictions.

The Recipient agrees to destroy these Data, and all copies of the Data in its possession, no later than 15 days after the date shown in paragraph (7) of this Agreement, to have all persons to whom it released the Data do so by that date.

This Agreement shall be effective for the period commencing with the Recipient's execution of this Agreement and ending upon 15 January 2017. The obligations imposed by this Agreement shall survive the expiration or termination of the Agreement.

Recipient's Business Name file_0.wmf file_1.jpg file_2.wmf file_3.wmf

Authorized Representative Date

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