SOLICITATION NOTICE
36 -- Resin Removal System
- Notice Date
- 7/24/2008
- Notice Type
- Combined Synopsis/Solicitation
- Contracting Office
- Department of the Army, U. S. Army Materiel Command, JM&L LCMC Acquisition Center, Picatinny, US Army ARDEC, AMSTA-AR-PC, Picatinny Arsenal, New Jersey 07806-5000
- ZIP Code
- 07806-5000
- Solicitation Number
- W15QKN-08-T-8403
- Response Due
- 7/17/2008
- Archive Date
- 8/16/2008
- Point of Contact
- Margaret Reed, Contract Specialist, (973)724-3273
- Small Business Set-Aside
- N/A
- Description
- This is a combined synopsis/solicitation for commercial supply prepared in accordance with the format in Subpart 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation: proposals are being requested and a written solicitation will notbe issued. Solicitation W15QKN-08-T-8403 is being issued for a request for quotation (RFQ). The closing date for this requirement is August 07, 2008. The U.S. Army Joint Munitions and Lethality Life Cycle Management Command, Picatinny Arsenal, N.J. is soliciting for the Supply and Installation of Resin Removal System to be utilized in the processing of Sterolithography (SL)Prototypes from a small business. See Statement of Work below for details of this requirement. STATEMENT OF WORKForResin Removal System 1.0SCOPE: The contractor shall provide and ship to ARDEC, Bldg 3150, a Resin Removal System (RRS) to be utilized in the processing of Stereolithography (SL) Prototypes. 1.1 BACKGROUND: An RRS is required to remove excess liquid epoxy resin from either a 3D Systems SLA-250, SLA-3500 or Viper platform and SL prototypes utilizing Dynaloy, Inc. Polyflush (Propanol, 1(or 2)-(2-methoxyymethylethylethoxy)- ), 70-80%. 2.0 APPLICABLE DOCUMENTS: NA 3.0 REQUIREMENTS: 3.1.0 The minimum requirements of the RRS are as follows: 3.1.1The RRS shall be capable of handling SLA-250, SL-3500 and Viper platforms holding SL Prototypes.3.1.2The RRS shall be capable of washing SL platforms and prototypes of any excess liquid epoxy resin utilizing Polyflush.3.1.3The RRS shall be capable of rinsing with water any residual Polyflush from the platforms and prototypes prior to further processing of prototypes and reuse of platforms3.1.4The RRS shall utilize a reciprocating elevator in conjunction with solution turbulation to wash the platforms and prototypes of excess liquid epoxy resin. The reciprocating elevator and turbulation system shall be adjustable for optimizing liquid resin removal and minimizing potential for prototype damage.3.1.5The RRS shall have a filtration system to remove any solid epoxy resin particulates.3.1.6The RRS shall have a vent interface to allow for the use of a ventilation system/ductwork to limit the accumulation of any chemical vapors. 4.0 PERIOD OF PERFORMANCE: The period of performance and delivery schedule is ninety days (90) from date of contract award. The following Federal Army Regulations apply to this requirement: 52.252-2 Clauses incorporated by Reference (Feb 1998). This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Clauses may be accessed electronically in full text at the following address: http://procnet.pica.army.mil. 52.212-1 Instructions to Offerors- Commercial52.212-2 -- Evaluation -- Commercial Items.Evaluation -- Commercial Items (Jan 1999)(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:__Lowest Price/ Technically Acceptable_________________________________________________________________________________________________ (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).(c) A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. Commercial warranty requirements apply to this acquisition that is consistent with customary commercial practices. 52.212-3 Offer Representations and Certifications- Commercial Items (Alt 1) Offerors are advised to include a completed copy of the provision of the Reps and Certs with their offer. 52.212-4 Contract Terms and Conditions- Commercial Items 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Deviation) (March 2007). (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:(1) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).(2) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.]--(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (OCT 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).--(2) 52.219-3, Notice of Total HUBZone Set-Aside (JAN 1999) (15 U.S.C. 657a).--(3) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JUL 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).--(4) [Removed]--(5)(i) 52.219-6, Notice of Total Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644).--(ii) Alternate I (OCT 1995) of 52.219-6.--(iii) Alternate II (MAR 2004) of 52.219-6.--(6)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644).--(ii) Alternate I (OCT 1995) of 52.219-7.--(iii) Alternate II (MAR 2004) of 52.219-7.--(7) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C. 637 (d)(2) and (3)).--(8)(i) 52.219-9, Small Business Subcontracting Plan (APR 2008) (15 U.S.C. 637(d)(4)).--(ii) Alternate I (OCT 2001) of 52.219-9.--(iii) Alternate II (OCT 2001) of 52.219-9.--(9) 52.219-14, Limitations on Subcontracting (DEC 1996) (15 U.S.C. 637(a)(14)).--(10) 52.219-16, Liquidated Damages--Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i).--(11)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (SEP 2005) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).--(ii) Alternate I (JUNE 2003) of 52.219-23. --(12) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (APR 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).--(13) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (OCT 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).--(14) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004)(15 U.S.C. 657 f).--(15) 52.219-28, Post Award Small Business Program Rerepresentation (JUNE 2007) (15 U.S.C. 632(a)(2)).X-(16) 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755).--(17) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2008) (E.O. 13126).--(18) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).--(19) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).--(20) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).--(21) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793).--(22) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).--(23) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O. 13201).--(24)(i) 52.222-50, Combating Trafficking in Persons (AUG 2007) (Applies to all contracts).---- (ii) Alternate I (AUG 2007) of 52.222-50.--(25)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)).--(ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).-- (26) FAR 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).-- (27)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment ofPersonal Computer Products (DEC 2007) (E.O. 13423).-- (ii) Alternate I (DEC 2007) of 52.223-16.--(28) 52.225-1, Buy American Act--Supplies (JUNE 2003) (41 U.S.C. 10a-10d).--(29)(i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (AUG 2007) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L 108-77, 108-78, 108-286, 109-53 and 109-169).--(ii) Alternate I (JAN 2004) of 52.225-3.--(iii) Alternate II (JAN 2004) of 52.225-3.--(30) 52.225-5, Trade Agreements (Nov 2007) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).--(31) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).--(32) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).--(33) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).--(34) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).--(35) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).X-(36) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (OCT 2003) (31 U.S.C. 3332).--(37) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (MAY 1999) (31 U.S.C. 3332).--(38) 52.232-36, Payment by Third Party (MAY 1999) (31 U.S.C. 3332).--(39) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).--(40)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).--(ii) Alternate I (APR 2003) of 52.247-64.(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.]--(1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).--(2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).--(3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts) (NOV 2006) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).--(4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment (February 2002) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).--(5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).--(6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements ``(Nov 2007)'' (41 U.S.C. 351, et seq.).--(7) 52.237-11, Accepting and Dispensing of $1 Coin (AUG 2007)(31 U.S.C. 5112(p)(1)).(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (i) through (vi) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--(i) 52.219-8, Utilization of Small Business Concerns (October 2000) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.(ii) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).(iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).(iv) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793).(v) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O. 13201).(vi) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).(vii) 52.222-50, Combating Trafficking in Persons (AUG 2007) (22 U.S.C. 7104(g)). Flow down required in accordance with paragraph (f) of FAR clause 52.222-50.(viii) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements ``(Nov 2007)'' (41 U.S.C. 351, et seq.).(ix) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements ``(Nov 2007)'' (41 U.S.C. 351, et seq.).(x) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (April 2003) (46 U.S.C. Appx 1241 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.(2) While not required, the contractor May include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.DFAR 252.212-7001- Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commerical Items (Apr 2007) (Deviation). DFAR 252.232-7003 Electronic Submission of Payment Requests ARDEC 68 Identification of Contractor Employees This requirement is only applicable to contractor employees working on Picatinny Arsenal. 1. All contractor employees (which includes students utilized in the performance of the contract) working in the U.S. Army installation, Picatinny Arsenal in the State of New Jersey, in connection with this contract, shall conform to all applicable federal or state laws, and published rules and regulations of the Departments of Defense and Army, as well as any applicable regulations promulgated by TACOM-ARDEC and/or Picatinny Arsenal, including but not limited to, traffic regulations. Additionally, all contractor employees working on classified contracts shall comply with the requirements of the National Industrial Security Program (NISPOM) and Army Regulation 380-5, Department of the Army Information Security Program. The term contractor employee includes employees, agents, students or student interns, or representatives and all employees, agents or representatives of all subcontractors and suppliers. Contractors are responsible for obtaining/returning identification badges/passes and vehicle decals/passes for each contractor employee who will work on the contract or enter Picatinny Arsenal. The badges/passes/decals are required for the term of the contract until completion or until release of the employee. a.To obtain proper identification, contractor employees requiring recurring access (more than 90 days), must complete an application identification form (SMCAR 3058) for access to the installation. The form can be obtained from the Contracting Officer (CO) or Contracting Officer Representative (COR). The form must be signed by the CO or COR and also identify the contract number and expiration date before the badge can be issued. This form is brought to the Security Division, Badge Identification Section, Building 1136 for processing of proper identification required per terms of the contract. Contractors requiring access for less than 90 days will be required to obtain a pass (Visitor Registration Form) from the Visitor Control Center. Passes will be issued for dates ??????? access is required, not to exceed 90 days. The CO or COR must complete the Visitor Registration Form applications on the PICAWEB prior to the contractor employee arriving at Picatinny Arsenal. b.For the performance of this contract, the contractor shall utilize only employees who are U.S. Citizens or lawfully admitted and employed non-citizens. c. The contract will not take effect until the contractor certifies, in writing, that all personnel utilized in the performance of this contract have been, or will be verified to be lawfully employable in the United States, and that the contractor has or will complete a criminal background check before an individual is utilized in performance of this contract. i.Lawful employability will be verified by means of Employment Eligibility Form, INS Form I-9 (if applicable), or by other applicable INS documentation approved for a specific non-citizen status. ii.The criminal background check will establish that neither the Contractor, nor the individuals state or nation of permanent residence has any record or credible information that the individual has a criminal history. In this context, criminal history will be defined as adjudicated guilt or pending adjudication of a crime as defined under New Jersey law or equivalent offense under the applicable laws of another jurisdiction. If the contractor has doubts about the applicability of an offense to this definition, the circumstances must be reported to TACOM-ARDEC Security for adjudication of the individuals employability. d.Any delay in the furnishing of the above, including any delay in the obtaining of the background check, is at the sole risk of the contractor and will not be the basis of any equitable adjustment or other change to the contract. e.The contractor shall utilize only qualified, responsible and capable employees in the performance of the work on the contract. The Contractor shall not employ persons for contract work to be conducted on the installation who have a criminal history. The Contracting Officer will require that the contractor remove from performance of work, employees who have a criminal history endanger persons or property, or whose continued employment under this contract is inconsistent with the interests of military security. Additionally, the TACOM-ARDEC Commander may bar such employees from the installation. f.The identification badge or pass issued to each employee of the contractor is for his own use only. Misuse of the badge or pass, such as permitting others to use it will result in criminal charges under Title 18 USC 499 and 701; and barring the employee from Picatinny Arsenal. Should the employee lose the badge or pass, the contractor may be charged for the cost of re-issuance of the badge or pass. Additionally, the employee and the contractor must submit a sworn affidavit as to the circumstances of the loss before a new badge or pass is issued. g.Finger printing of employees and any other procedure deemed necessary for the security of Picatinny Arsenal may be required at the discretion of Picatinny Security. All contractor personnel requiring access to the Picatinny ADP system are required to have a national Agency check. h.Permission to use photographic capable cell phones on Army installations must be requested through proper security channels. No Portable Electronic Devices (PED) will be used in an area where classified information is discussed or electronically processed. Currently, all (to include personally owned) photographic capable devices will not be brought onto the Picatinny Arsenal installation nor used by personnel on Army installations as a photographic device without proper authority granted by the Security Office. If an individual is seen using one of these phones as a photographic device, the phone will be confiscated and turned in to the Security Office, IAW AR190-13, Para 6-6a(1). All images on the phone will be removed, and the individual will be allowed to pickup his/her phone at the end of the day from the Security Office. This policy applies to all military personnel, government civilians, contractors and visitors. 2.All contractor employees, while on the premises at Picatinny Arsenal, shall continually wear the badge obtained pursuant to paragraph 1 above. The badge shall be worn so as to be visible to others at all times. Individuals issued passes will have on their person the pass. Passes will be presented upon request by Security personnel or other government official charges with security of the area. 3.All contractor employees meeting with Government employees or attending meetings at Picatinny, shall, at the beginning of the meeting, announce to all other attendees that they are contractor employees, employed by (Name of Contractors name/address), and the name of all other companies or individuals that currently employs them or that the contractor employee currently represents. In addition, contractor employees shall wear a visible badge that displays their companys name. If a visiting contractor is working on a classified contract his/her visit request with security clearance information must be approved by the TACOM-ARDEC Industrial Security Division, where it will be held on file. Government employees hosting meetings will verify the contractor employees security clearance information is on file in the TACOM-ARDEC Security Division prior to contractor access to classified information. 4.When the contract number under which the badge/pass was obtained is completed (date of last delivery or performance of last service, termination of the contract or release of the employee) including any exercise of an option pursuant to the terms of the contract, the contractor shall return the badges/passes for all of their employees to Picatinny Security and obtain a receipt for each within three (3) business days. Identification cards, computer access cards and computer accounts must be surrendered to ARDEC Security upon completion of the contract or an employees termination during the life of the contract. 5.Failure to comply with the requirements of paragraph 4 will be grounds for withholding any funds due the contractor until completion of the requirement, notwithstanding any other clause or requirements in the contract. Failure to comply may also be used as an adverse factor with respect to contractor past performance in connection with award of future contracts to the firm. 6.If the contractor obtains a new or follow-on contract for work at Picatinny Arsenal, he shall obtain new badges/passes for each of his employees indicating the new or follow-on contract number and comply with the applicable provisions of the follow-on contract which covers the subject matter of this clause. This paragraph does not apply to the exercise of an option. 7. The contractor and each contractor employee working on Picatinny Arsenal shall sign a Non-disclosure Agreement on their companys letterhead prior to commencing work under the contract or obtaining badges/passes required by paragraph 1 above. There will be one Non-disclosure Agreement for each employee. The Non-disclosure Agreement t shall be in the format indicated below. 8. The COR has the responsibility to assure contractors comply with the provisions of this clause. The COR/Government Point of Contact (POC) shall coordinate the contractors obtaining and returning of badges/passes and signature of the Non-disclosure Agreement. The contractor shall furnish before initiating work under the contract, the COR/Government POC two (2) copies of each fully completed, signed, SMCAR 3058 and non-disclosure statement for each contractor employee. One copy shall be maintained in the COR/Government POC file. The COR/Government POC shall furnish the other copy to the Contracting Officer for inclusion in the official contract file. 9.Contractor employees having a mission related need to use a camera any place on the Installation will submit a request for camera pass in accordance with ARDEC Regulation 190-4, to the Contracting Officer Representative (COR) of the contract and obtain a camera pass by the Chief of Police prior to bringing a camera onto the Installation. 10.Before any contractor employee can be given access to non-public information (as defined below) there must be a signed, written agreement between the recipient contractor/contractor employee and the owner of the non-public information. A copy of the agreement will be made a part of the contract file. FORMAT FOR NON-DISCLOSURE AGREEMENTI, ____________________, an employee and authorized representative of ___________________________________________________________, aContractor providing support services to Picatinny Arsenal or its tenants (hereinafter PICATINNY), and likely to have access to nonpublic information (hereinafter RECIPIENT), under contract number ______________________, agrees to and promises the following:WHEREAS RECEIPIENT is engaged in delivery support services to PICATINNY under contract; and WHEREAS, It is the intention of PICATINNY to protect and prevent unauthorized access to and disclosure of nonpublic information to anyone other than employees of the United States Government who have a need to know; and, WHEREAS, PICATINNY acknowledges that RECIPIENT will from time to time have or require access to such nonpublic information in the course of delivering the contract services; and, WHEREAS, RECIPIENT may be given or other have access to nonpublic information while providing such services; and, WHEREAS, "nonpublic information" includes, but is not limited to such information as: proprietary information (e.g., information submitted by a contractor marked as proprietary); advanced procurement information (e.g., future requirements, statements of work, and acquisition strategies); source selection information (e.g., bids before made public, source selection plans, and rankings of proposals); trade secrets and other confidential business information (e.g., confidential business information submitted by the contractor); attorney work product; information protected by the Privacy Act (e.g., social security numbers, home addresses and telephone numbers); and other sensitive information that would not be released by Picatinny under the Freedom of Information Act (e.g., program, planning and budgeting system information); NOW THEREFORE, RECIPIENT agrees to and promises as follows:RECIPIENT shall not seek access to nonpublic information beyond what is required for the performance of the support services contract; RECIPIENT will ensure that his or her status as a contractor employee is known when seeking access to and receiving such nonpublic information of Government employees; As to any nonpublic information to which RECIPIENT has or is given access, RECIPIENT shall not use or disclose such information for any purpose other than providing the contract support services, and will not use or disclose the information to any unauthorized person or entity for personal, commercial, or any unauthorized purposes; and If RECIPIENT becomes aware of any improper release or disclosure of such nonpublic information, RECIPIENT will advise the contracting officer in writing as soon as possible. The RECIPIENT agrees to return any nonpublic information given to him or her pursuant to this agreement, including any transcriptions by RECIPIENT of nonpublic information to which RECIPIENT was given access, if not already destroyed, when RECIPIENT no longer performs work under the contract. RECIPIENT understands that any unauthorized use, release or disclosure of nonpublic information in violation of this Agreement will subject the RECIPIENT and the RECIPIENT's employer to administrative, civil or criminal remedies as may be authorized by law.RECIPIENT: _____________________________ (signature)PRINTED NAME: _________________________TITLE: __________________________________EMPLOYER: ______________________________ The Government contemplates the award of a Firm-Fixed Price Purchase Order. Point of contact for this Procurement is margaret.b.reed@us.army.mil.
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