Dod Nda Agreement

(i) Contractor may only use, modify, reproduce, publish, perform or display technical data or computer software that it has received from the Government with specifically negotiated license legends. Such data or software may not be disclosed or disclosed to other persons, unless the license permits it and, prior to disclosure or disclosure, the intended recipient has entered into the confidentiality agreement at 227.7103-7. The Licensee amends paragraph 1(c) of the Confidentiality Agreement to reflect the recipient`s obligations with respect to the use, modification, reproduction, disclosure, performance, display and disclosure of the Data or Software. Answer doD: The Use and Confidentiality Agreement at 227.7103-7 is an agreement between the government and a private party and is only used if the private party`s information is provided outside of a contract containing the clause at 252.227-7025. If the receiving party is a covered public assistance contractor, the contract under which the information is provided must, by definition, contain clause 252.227-7025, failing which the receiving contractor cannot be considered a covered government assistance contractor and would not be entitled to obtain the proprietary information for the performance of the contract. Therefore, in these cases, the clause is already applicable to clause 252.227-7025 and the NDA should not be used at 227.7103-7. In addition, NDA 227.7103-7 would be insufficient, as it does not take into account the specific restrictions imposed on covered State aid undertakings – because these restrictions are fully implemented in clause 252.227-7025, which must be included in the contract to allow the beneficiary to obtain the information as a covered State aid contractor. The Department of Defense has amended a transitional rule amending the Supplement to Federal Procurement Regulation (DFARS) to implement a section of the National Defense Authorization Act for fiscal year 2010, which empowers certain types of public assistance contractors to have access to proprietary technical data of major contractors and other third parties. provided that the owner of the technical data can request the support provider to implement a confidentiality agreement with certain restrictions and corrective measures. Comment: Two members of the position suggested: that the NDA requirement between the contractor and the covered contractor, which prohibits additional conditions on those contained in 252.227-7025, without the mutual agreement of the parties, would lead covered state aid companies to “oppose” the signing of industrial NDNDs that most often contain conditions that are not provided for in 252.227-7025 are included.

and that the restrictions in the clause “are not a legally sufficient document”. Interviewees proposed to eliminate the ban by providing a language that allows for additional conditions. (D) Such a confidentiality agreement relates to restrictions on the use of data with limited rights by the covered public assistance provider, as set out in clause 252.227-7025, restrictions on the use or disclosure of information provided by the government, characterized by restrictive legends. The confidentiality agreement does not provide for additional terms, unless the parties to the confidentiality agreement have mutually agreed. . . .

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