U.S. Army Operations Support Command, Attn: AMSOS-ACA-R, Bldg. 350, 5th Floor, Rock Island, IL 61299-6000

13 -- CASE, CARTRIDGE M212 MODIFIED SOL DAAA09-00-B-5058 POC Helne Gonzales, (309) 782-8663 E-MAIL: Contract Specialist, GonzalesH@osc.army.mil. Please note that the subject solicitation will be posted on the Operation Support Command (OSC) Website. To view/download the solicitation go to http://www.osc.army.mil. Then go to "Business/Employment Opportunities" an then "AAIS Selling to IOC". Then View Solicitations and Download Solicitations. Approximate posting date will be 26 June 00. Please note that you will still have to be certified in the US/Canada Joint Certification Program to obtain copies of the techdata as addressed in the previous CBD announcement. You will also need to fill out the following disclosure form: Solicitation No.: DAAA09-00-B-5058 Item Name: M212 Modified Cartridge Case 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 toas "TACOM-ARDEC"). Recipient has requested that TACOM-ARDEC supply Recipient with a copy of TACOM-ARDEC's data, originated by the Close Combat Armaments Center of TACOM-ARDEC, Picatinny Arsenal, NJ, point of contact: Mr. Frank Dindl. The Data is being requested of TACOM-ARDEC by _____________________for the purposes of generating a proposal in response to Solicitation__________________. 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 contract (No._______________ ) for the U.S. Government, and for no other purpose. Recipient agrees to use the Data only for the purpose of generating a proposal in response to Solicitation ________________________. 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: ____________________________________ (Signature) ______________________________ (Typed Name-Title) _____________________________ (Date) ___________________________________ (Name of Recipient Organization) ____________________________________ ____________________________________ (Address of Recipient Organization) Posted 06/08/00 (W-SN462942). (0160)

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