Sources Sought Announcement for Procurement of Air Traffic Control (ATC) Support

Form / Attachment / Pricing Sheet

This document provides instructions for requesting Technical Data Packages (TDPs) related to an acquisition. It outlines the process, requirements, and restrictions for obtaining sensitive technical information.

• TDP Request Submission: Requests must be sent to DLA.Aberdeen.SourcesSought@dla.mil within 7 days of the SSA/MR request posting date.
• ITAR Restrictions: The TDP is subject to International Traffic in Arms Regulations (ITAR). Information cannot be shared with non-U.S. persons or transferred outside the United States.
• Eligibility Requirements: Companies must have an active status in the Defense Logistics Agency Joint Certification Program (JCP) and possess an approved DD2345.
• Required Documentation: To receive the TDP, companies must submit:
  • A completed and signed Non-Disclosure Agreement (NDA).
  • A copy of the company's DD2345 (JCP).
  • A copy of the company's CAGE verification in SAM.
• TDP Delivery: Upon verification of JCP status and receipt of required documents, the TDP will be uploaded to DoD SAFE, and a download link and password will be provided via email.
• NDA Signee and Data Custodian: The NDA signee and JCP data custodian should be the same individual. Updates to JCP information can be made via the JCP Portal.

This document is critical for bidders who need access to the Technical Data Package to understand the full scope and technical details of the opportunity. It outlines the necessary steps, certifications, and documentation required to obtain this sensitive information, which is essential for preparing a compliant and accurate proposal.

Form / Attachment / Pricing Sheet

This document is a Use and Non-Disclosure Agreement (NDA) required for recipients of government technical data or computer software with restricted rights. It outlines the terms and conditions under which the Recipient can use, modify, reproduce, release, perform, display, or disclose such data.

• Recipient Obligations: Specifies how data marked with government purpose rights, SBIR data rights, limited rights, or restricted rights legends must be handled.
• Restrictions: Prohibits commercial use of government purpose or SBIR data, and restricts release to third parties without contractor permission. Limited rights data can only be used as specified in the attachment or with contractor permission. Restricted rights software is for use only in response to the referenced Market Survey and cannot be reverse-engineered.
• Security Measures: Requires the Recipient to implement procedures and physical security to protect data from unauthorized release.
• Data Acceptance: Data is provided "as is" without warranty.
• Indemnification: The Recipient agrees to indemnify the Government against claims arising from misuse or unauthorized disclosure of the data.
• Third-Party Beneficiary: The Contractor is a third-party beneficiary with rights to enforce the agreement.
• Destruction: The Recipient must destroy the data and all copies within 30 days after the agreement's effective end date and notify the Contractor.

Bidders may be required to sign this agreement if they are to receive sensitive technical data or software as part of the opportunity. Understanding these terms is crucial for compliance and for assessing the implications of handling restricted government information. It highlights the need for careful management of proprietary data received from the government.