Attachment_6,_Distro_Agreement_Contractor_20170130.pdf

DISTRIBUTION AGREEMENT

Technical Data

Abrams Engine Diagnostic and Troubleshooting Trainer (ED/TT)

RFP: W900KK-17-R-0044

1) Technical Data for the Abrams Engine Diagnostic and Troubleshooting Trainer

(ED/TT) is available only to Offerors who are current U.S. DOD Contractors and intend to submit proposals in response to U.S. Army Contracting Command- Orlando Opportunity Number: W900KK-17-R-0044.

2) Purpose: The use of the Technical Data is limited to the Offeror’s proposal preparation in response to the procurement of the Abrams ED/TT. The rights granted herein will expire upon expiration of the Request for Proposal (RFP) response period.

By completing and signing this distribution agreement, the Offeror certifies they shall ensure strict compliance with all requirements and limitations stipulated herein.

Offeror’s request for Technical Data must be approved by the Procurement Contracting Officer (PCO). The Offeror shall submit a completed distribution agreement to Roberto J. Gotay, Contract Specialist, via email at roberto.j.gotaygarcia.civ@mail.mil. Requests will be considered until the question and answer period for the final RFP is completed.

All communications and deliveries regarding this distribution agreement shall be through the Procurement Contracting Officer (PCO) or designated Contract Specialist (CS).

mailto:roberto.j.gotaygarcia.civ@mail.mil

OFFEROR’S REQUEST FOR TECHNICAL DATA

Requesting Prime Contractor’s Organization Name:

Address:

Cage Code:

DUNS Number:

Requesting U.S. Department Of Defense (DOD) Contractor Authorized Technical Point Of Contact (POC):

Name (Please print): Date:

Telephone: E-MAIL:

Alternate Requesting U.S. DOD Contractor Authorized POC:

Name (Please print): Date:

Telephone: E-MAIL:

I hereby agree to the terms and conditions of this distribution agreement and will utilize the Technical Data only for the purpose/use described in here. I understand that processing or transmitting this export controlled material via any public electronic medium is strictly prohibited.

SIGNATURE: Date:

(Requesting Company’s Contracting Manager)

In order to confirm the offeror’s status as a current “U.S. DOD contractor” as defined by DOD Instruction (DODI) 5230.24 dated August 23, 2012, each offeror must provide the contract number of one current contract that they are currently performing as a prime contractor for the DOD or equivalent certification as described in the definition for DOD potential contractor.

Contract Number: DOD Agency:

In accordance with DODI 5230.24, Export-controlled items marked Distribution Statement D shall not be disseminated outside the U.S. Government or to U.S.

Government contractors without first verifying the recipient’s eligibility and authority to receive export-controlled information by verifying they have a current, valid DD Form 2345. Each offeror must also submit a valid DD Form 2345 with their request.

3) Definitions:

a. Controlling DOD Office. The DOD activity that generated the Technical Data or received the Technical Data on behalf of the DOD and has the inherently Governmental responsibility for determining the distribution of the Technical Data.

For joint sponsorship, the Controlling Office is determined by advance agreement and may be a party, group, or committee representing the interested activities or DOD Components. Only the Controlling Office or higher authority may authorize distribution beyond the distribution statement. (PEO-STRI)

b. DOD Potential Contractor. An individual or organization outside the DOD approved and certified by a sponsoring DOD activity as “eligible for DOD technical information services” under a DOD Component potential contractor program. This may be based on participation in any similar DOD Component program such as the Navy Potential Contractor Program. The DOD Components without a formal potential contractor program may certify a contractor based on a company’s legitimate business relationship as defined in Reference (d). The sponsoring DOD activity shall be reasonably assured that this individual or organization may benefit by their access to Defense technical data in their understanding of and for responding to a DOD acquisition.

c. Government Purpose Rights. The rights to:

i. Use, modify, reproduce, release, perform, display, or disclose the Technical Data within the Government without restriction; and,

ii. Release or disclose the Technical Data outside the Government and authorize persons to whom release or disclosure has been made to use, modify, reproduce, release, perform, display, or disclose the Technical Data for United States Government purposes.

d. Issuing DOD Office. DOD activity that releases the Technical Data on behalf of the Controlling DOD Office and monitors or enforces compliance with this Distribution Agreement. (ACC-Orlando)

e. PEO STRI. Program Executive Office, Simulation, Training and

Instrumentation.

f. ACC-Orlando. U.S. Army Contracting Command – Orlando.

g. PM. Project Manager.

h. Procurement Contracting Officer. Person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.

i. U.S. DOD Contractor. Those U.S. Contractors currently holding grants or contracts with the Department of Defense.

4) The Technical Data is marked with one or more of the following restrictions:

DISTRIBUTION STATEMENT “D”. DISTRIBUTION AUTHORIZED TO THE DOD

AND DOD CONTRACTORS ONLY; CRITICAL TECHNOLOGY; 16 SEPT 2015.

OTHER REQUESTS SHALL BE REFERRED TO PM ITTS, U.S. ARMY PEO STRI,

AND SFAE-STRI-PMITTS-TPT.

EXPORT CONTROL WARNING - THIS DOCUMENT CONTAINS TECHNICAL

DATA WHOSE EXPORT IS RESTRICTED BY THE ARMS EXPORT CONTROL

ACT (TITLE 22, USC Sec 2751, et.seq.). OR THE EXPORT ADMINISTRATION ACT OF 1979, AS AMENDED (TITLE 50, USC App 2401 et.seq). VIOLATIONS OF

THESE EXPORT LAWS ARE SUBJECT TO SERVERE CRIMINAL PENALTIES.

DISSEMINATION IN ACCORDANCE WITH PROVISIONS OF DOD

DIRECTIVE5230.25.

DESTRUCTION NOTICE - FOR CLASSIFIED DOCUMENTS, FOLLOW THE

PROCEDURES IN DOD 5200.22-M, NATIONAL INDUSTRIAL SECURITY MANUAL

PROGRAM, with Change 1 OR DOD 5200.01, DOD INFORMATION SECURITY

PROGRAM VOLUMES 3 AND 4. FOR UNCLASSIFIED, LIMITED DOCUMENTS,

DESTROY BY ANY METHOD THAT WILL PREVENT DISCLOSURE OF

CONTENTS OR RECONSTRUCTION OF THE DOCUMENT.

5) Subject to approval by the Issuing DOD Office, the Technical Data may be used for the purpose(s) stated with the following general conditions (Initials must be hand-written):

a. The Technical Data will be handled and maintained in accordance with the following restrictions (as applicable): For Official Use Only, Distribution Statement D, Export Control, and Army Regulation 380-5 requirements. All cleared DOD contractors are required to meet the requirements of the National Industrial Security Manual program. ________

(Initials)

b. The Technical Data will be used only in accordance with this Distribution

Agreement and all stipulations herein. ________ (Initials)

c. The Technical Data will not be modified, adapted, or otherwise altered except as required to prepare and submit a comprehensive Proposal in response to Opportunity Number: W900KK-17-R-0044. ________

(Initials)

e. The Technical Data shall not be re-distributed, sold, or used for commercial purposes or practices, in whole or in part, without the express written permission of the Issuing DOD Office. The recipient is prohibited from using any information delivered within the Technical Data for commercial practices and profitable gains.

The recipient may reproduce copies of the Technical Data for use within his/her organization only for the sole purpose stated above. The Offeror shall ensure that a copy of this approved Distribution Agreement shall be provided and maintained with each authorized copy of the Technical Data and appropriate personnel shall be briefed regarding the Distribution Agreement requirements. The original recipient of the Technical Data shall be responsible for compliance with the terms of this Distribution Agreement related to all authorized copies. ________

(Initials)

f. U.S. DOD Contractors and Subcontractors shall return and/or destroy the

Technical Data and/or Copies after completion of the stated purpose under which the work is authorized. U.S. DOD Contractors and Subcontractors shall certify in writing that the requirements of this paragraph were met. ________

(Initials)

g. The U.S. Government and its agents shall not be liable for any harm, damage, or injury that may result from the use or untimely receipt of the Technical Data. ________

(Initials)

h. The Issuing Office may revoke permission or hereinafter make permission subject to additional conditions as dictated by Government interests. ________ (Initials)

i. All personnel who come in contact with the Technical Data on behalf of U.S.

DOD Contractors shall be U.S. citizens in accordance with the Arms Export Control Act (Title 22, U.S.C., Sec 2751, et seq.). ________

j. U.S. DOD Contractor acknowledges his/her responsibilities under the U.S.

export control laws and regulations and agrees that will not disseminate any export-controlled Technical Data subject to this agreement in a manner that would violate applicable export control laws and regulations. ________

(Initials)

k. U.S. DOD Contractor agrees that he/she will not provide access to this material to persons other than its employees or persons acting on its behalf, without permission of the Issuing Office. ________

(Initials)

l. To the extent of his/her knowledge and belief, the requesting U.S. DOD

Contractor knows of no person employed by it, or acting on its behalf, who will have access to the Technical Data, who is debarred, suspended, or otherwise ineligible from performing on U.S. Government contracts, or has violated U.S. export control laws. ________

(Initials)

m. U.S. DOD Contractor is not debarred, suspended or otherwise determined ineligible by any agency of the U.S. Government to perform on U.S. Government contracts, has not been convicted of export control law violations, and has not been disqualified under the provisions of DoD Directive 5230.25. ________

(Initials)

n. Failure to return and/or destroy the Technical Data and/or Copies will be deemed a breach of this agreement and may result in prosecution of the USG’s rights in the applicable forum. The U.S. DOD Contractor agrees that it will not assert that such return and/or destruction is a Government-caused delay under any contract with the U.S. Government. ________

RELEASE AUTHORIZATION TO U.S. DOD CONTRACTOR:1

The Technical Data is authorized to be released to the U.S. DOD Contractor identified above for the stated purpose. It is hereby certified that the RFP and expiration limits identified above are correct and the identified U.S. DOD Contractor requires the Technical Data for the aforementioned purpose.

Date:

Name (Please print):

Eric C. Hertl

Position: Procurement Contracting Officer

Telephone: 407-208-3474 E-MAIL: eric.c.hertl.civ@mail.mil

Signature:

Issuing Office (ACC-Orlando) Date

1 To be completed by Issuing Office.