A -- 120MM ANTI-PERSONAL CANISTER CARTRIDGE

Notice Date

May 10, 2001

Contracting Office

US Army ARDEC, AMSTA-AR-PC, Picatinny Arsenal, New Jersey 07806-5000

ZIP Code

07806-5000

Solicitation Number

DAAE30-01-R-0607

Response Due

May 17, 2001

Point of Contact

Joyce Tambini, Contract Specialist, (973) 724-2574

E-Mail Address

Joyce A. Tambini (jtambini@pica.army.mil)

Description

CBD announcement (estimated published date of 17 Apr 01) for 120mm Anti- Personal Canister Cartridge is amended as follows: 1. The design stated in the CBD announcement will be available for informational purposes. The Government design has a patent application pending. Due to this patent application, contractors will not be allowed to receive the United States Government (USG) design, unless the Non-Disclosure Agreement is signed and returned prior to Industry Day, 17 May 01. If this agreement is not signed and returned contractors will not be able to participate in that part of Industry Day presentation that addresses the USG design. 2. Walk-ins will be allowed and can sign the non-disclosure agreement, then contractors will have limited participation (as contractors will not be allowed to participate in that part of Industry Day presentation that addresses the USG design). Non-disclosure agreement is shown below. Signed agreement need to be sent to: Mrs. Joyce Tambini. Agreements can be sent via fax; number is (973) 724-3340 or via email and email address is jtambini@pica.army.mil. All other information contained in the CBD announcement remains the same. Solicitation No.: DAAE30-01-R-0607 Program Name: 120mm Anti-Personal Canister NON-DISCLOSURE AND NON-USE AGREEMENT This Agreement is made by a recipient Organization, ______________ (hereinafter referred to as the "Recipient" or ____________ ) with the U.S. Army Tank-Automotive and Armaments Command, Armament Research Development and Engineering Center, Picatinny Arsenal, New Jersey 07806-5000 (hereinafter referred to as "TACOM-ARDEC"). Recipient has requested that TACOM-ARDEC supply Recipient with a copy of TACOM-ARDEC s United States Government Design of the 120mm Anti-Personal Canister (hereafter all collectively referred to as the Data ), originated by the Close Combat Armaments Center (CCAC) of TACOM-ARDEC, Picatinny Arsenal, NJ., point of contact: Mr. Peter Georgantzis . The Data is being requested of TACOM-ARDEC by ______________ for the purposes of receipt of the government design of the 120mm Anti-personal Canister in order to propose against solicitation DAAE30-01-R-0607. In consideration for TACOM-ARDEC agreeing to furnish such Data to Recipient, the Recipient hereby agrees to the following: 1. Recipient warrants that the said Data shall only be used to perform under solicitation DAAE30-01-R-0607 for the U.S. Government, and for no other purpose. Recipient agrees to use the Data only for the purpose of proposing a design and manufacture of 120mm Anti-personal canister against solicitation DAAE30-01-R-0607. 2. Recipient shall not divulge the Data to any third party. Recipient shall not remove any restricted use legends associated with the said Data. The legends shall appear on any reproduction by Recipient of all or of any portions of said Data. Recipient shall obey the restrictions contained on any restrictive legend appearing on said Data. Recipient shall not utilize said Data for any purpose other than as provided in this Agreement. Recipient shall adopt physical security measures to prevent improper use of or divulgence of the Data. 3. Recipient shall promptly return all Data and copies thereof in whatever form or embodiment existing, to the U.S. Army TACOM-ARDEC upon request. The Data shall at all times remain the property of the U.S. Government, including any reproductions or embodiments of all or of any parts thereof. Any improvements made by Recipient to said Data shall become the exclusive property of the U.S. Government. 4. It is understood and accepted that the obligations of non-use and non-disclosure herein shall be obligations of Recipient itself and persons who are officers, directors, or employees thereof, and also any other business entity that Recipient owns or controls to receive any of the said Data. 5. Recipient shall conform to the Export Laws of the United States, and obey the Army's directives regarding non-export and nondisclosure of said Data, (or items manufactured by utilizing same), even though (if) Recipient's facility is not located within the United States of America. 6. No license is provided to Recipient by the provision of Data under this Agreement. No representation or warranty is made or given as to any Data which may be provided hereunder nor of the existence or possibility of any intellectual property rights claims therein, including but not limited to patent, copyright and trade secret claims. Recipient and all persons receiving Data hereunder do hereby agree to relieve and save the U.S. Government harmless against any and all claims occasioned by use of such Data. As a condition precedent to provision of Data, Recipient and such persons do hereby expressly agree to indemnify and hold harmless the U.S. Government, its agencies and instrumentalities against any and all suits, actions, claims, costs or demands (including without limitation, for death or personal injury of any persons, and for any property damage), occasioned by use of such Data. 7. If TACOM-ARDEC provides Recipient with physical models, samples or experimental apparatus for Recipient's evaluation hereunder, Recipient agrees not to reverse engineer such items, nor to disassemble same to learn their design for unauthorized use of TACOM-ARDEC's technology. FOR RECIPIENT ORGANIZATION By: __________________________________ (Authorized Signature) ____________________________________ (Typed Name-Title) ___________________________________ (Date) ____________________________________ (Name of Recipient Organization) _____________________________________ (Address of Recipient Organization) ___________________________________ (Home Address Signature) APPENDIX 1 Part No. TM2772, 120mm Canister Projectile Part No. TM2795, 120mm Canister Cartridge Assembly Note to ARDEC employee: Please add this legend to each sheet being released to the outside Company. The actual agreement for the Company to sign, begins one sheet following this. RESTRICTED ACCESS DATA U.S. GOVERNMENT TECHNICAL INFORMATION AND SOFTWARE THIS DOCUMENT CONTAINS TECHNICAL DATA AND SOFTWARE THAT IS THE PROPERTY OF THE UNITED STATES ARMY TACOM-ARDEC. ALL RIGHTS ARE RESERVED TO THE U.S. GOVERNMENT ONLY. RECIPIENT SHALL NOT DISTRIBUTE OR USE ANY OF THE DATA AND SOFTWARE CONTAINED HEREON WITHOUT THE EXPRESS AND SPECIFIC WRITTEN PERMISSION THEREFOR BY A DULY AUTHORIZED REPRESENTATIVE OF THE U.S. ARMY TACOM-ARDEC. THIS LEGEND MUST BE INCLUDED ON ANY REPRODUCTION OF THIS MATERIAL OR PORTIONS THEREOF.

Web Link

US ARMY TACOM-ARDEC Procurement Network (http://procnet.pica.army.mil/cbd/SRCSgt/051020012/051020012.htm)

Record

Loren Data Corp. 20010514/ASOL015.HTM (D-130 SN50L838)