Attachment 1: NDA

NON-DISCLOSURE AGREEMENT (NDA)

FOR ACCESS TO CONTROLLED UNCLASSIFIED INFORMATION (CUI)

SOLICITATION/RFI NUMBER: M67854-26-I-2001

MULTI-CHANNEL MANPACK (MCMP) RADIO CAPABILITY

1. PARTIES, SCOPE, AND PURPOSE

This Use and Non-Disclosure Agreement ("Agreement") is executed by the undersigned authorized representative on behalf of the Recipient Company listed below ("Recipient") in favor of the United States Marine Corps Portfolio Acquisition Executive – Marine Corps (PAE-MC) Program Manager Tactical Communications and Electromagnetic Warfare Systems (PM TCE), Product Manager Tactical Radios (PdM TR), Ground Radios (GR) ("Government"). The Recipient requests that the Government provide access to technical requirements, specifications, or computer software associated with RFI M67854-26-I-2001, specifically including the Controlled Attachment titled "MCMP System Requirements" (hereinafter referred to as "Data"). These Data contain Controlled Unclassified Information (CUI), Federal Contract Information (FCI), and/or export-controlled technical data. In consideration for receiving such Data, the Recipient agrees to handle and use the Data strictly in accordance with the terms of this Agreement.

2. RECIPIENT OBLIGATIONS AND HANDLING RESTRICTIONS

The Recipient shall:
Use, modify, reproduce, release, perform, display, or disclose the Data solely for the purpose of preparing a market research response to RFI M67854-26-I-2001, and shall not utilize these Data for any other commercial, design, development, or private bidding purpose. Restrict access to the Data strictly to full-time employees of the Recipient who possess a verified "need-to-know" to support this RFI, and who are United States citizens or lawful permanent residents. Store, process, and transmit all Data on information systems that meet or exceed the security requirements mandated by NIST SP 800-171, DFARS Clause 252.204-7012, and federal CUI handling directives (32 C.F.R. Part 2002). Require its subcontractors, suppliers, or prospective subcontractors/suppliers to sign a copy of this Use and Non-Disclosure Agreement prior to disclosing or releasing these Data to them. The Recipient shall immediately notify the Government of any such downstream release and provide the Government with a copy of the completed downstream NDA. Not disclose, release, transfer, or export any Data marked with Arms Export Control Act or International Traffic in Arms Regulations (ITAR) (22 C.F.R. Parts 120-130) markings to foreign entities or foreign nationals.