SIP_NDA_Final_Fillable.pdf

NON-DISCLOSURE AND NON-USE AGREEMENT

This non-disclosure and non-use agreement (hereafter also referred to as “NDA”) is made between the U.S. Army Future Vertical Lift Cross Functional Team (FVL CFT), Redstone Arsenal, Alabama, and ______________________________, the Recipient/Recipient Organization, having a place of business at:

for the Recipient to receive the Future Attack Reconnaissance Aircraft (FARA) Special Notice W911W6-18-R-FVL_FARACP Supplemental Information Packet (SIP). The Recipient agrees to abide by the terms below in order to receive a copy of the SIP documents.

In support of the Recipient’s evaluation of its participation in a possible U.S. Army rapid prototyping effort, the Recipient has requested a copy of the SIP.

All of the documents in the SIP are pre-decisional draft, are not complete in all details, and are not cleared for public release. The SIP documents are Distribution Statement B.

Recipient’s acceptance of this NDA by signing below allows distribution as stated below for purposes of evaluating participation in FARA, notwithstanding the Distribution Statement B.

In mutual consideration for agreeing to furnish the SIP to Recipient for such purposes, Recipient hereby agrees to the following:

1. Recipient shall only use the SIP provided for the subject purpose of this Agreement.

Recipient shall not divulge the SIP to any third party, except for in furtherance of the subject purpose, provided Recipient shall require any third parties to sign a non-disclosure and non-use agreement of the same force and effect of this Agreement prior to disclosing or releasing the SIP. Recipient shall also obey the restrictions contained on any other restrictive legend appearing on said the SIP. Recipient shall not remove any such legends associated with the SIP. The legends shall appear on any reproduction by Recipient of all, or of any portions of said the SIP. Recipient shall adopt physical security measures to prevent improper use of or divulgence of the SIP, such measures being at least equal to the measures that Recipient uses to protect its own proprietary and/or trade secret information.

2. Recipient shall promptly return the SIP documents and copies thereof in whatever form or embodiment existing to the Government upon request, but no later than the completion of any resulting program solicitation or funding agreement. If no funding agreement is awarded as a result of the draft program solicitation or the Recipient organization is not awarded the funding agreement, or the Government asks for the SIP to be returned, all Government the SIP shall be returned to the U.S. Government Contracting Officer within ten

(10) days.

3. Recipient shall obey standing Army directives regarding non-export and nondisclosure of said the SIP, (or items manufactured by utilizing same), even if Recipient's facility may not be located within the United States of America.

4. No license is provided to Recipient by the provision of the SIP under this Agreement. No representation or warranty is made or given as to the existence or possibility of any intellectual property rights claims in said the SIP, including but not limited to patent, copyright and trade secret claims. No representation or warranty is made or given as to the safety or suitability of any the SIP which may be provided hereunder or of items or processes made therefrom. The SIP includes draft, pre-decisional documents that will change during the course of any program associated with the special notice.

5. All correspondence, notices, and transmission regarding the SIP shall be in writing via letter to the following individuals:

Correspondence or Notices to the Government:

Army Contracting Command – Redstone Aviation Development Directorate Contracting Division Attn: Hope McClain Fort Eustis, Virginia 23604-5577 Email (for confirmation of receipt): hope.a.mcclain.civ@mail.mil

Correspondence of Notices to Recipient

Attn: _______________________ Email (for confirmation of receipt) ____________ __

6. This Non-Disclosure and Non-Use Agreement shall be governed by and construed in accordance with Federal law.

FOR RECIPIENT ORGANIZATION

By: _____________________________ _____ (Authorized Signature)

(Typed Name-Title)

(Date)

(Address of Recipient Organization)

(Address of Recipient Organization)

Future Attack Reconnaissance Aircraft (FARA) Special Notice W911W6-18-R- FVL_FARACP Supplemental Information Packet (SIP) Documents List:

Design Guidance Airworthiness Qualification Plan (AQP) Initial Capability Refinement Document (ICRD) System Performance Specification Mission Systems SIP Introduction