As prescribed in 27-402-90(d) insert the following clause:
RESTRICTIONS ON USE OF OTO MELARA LIMITED RIGHTS TECHNICAL DATA
(AUG 2007) - DLAD
(a) The United States Government requires that each bidder/offer/contractor receiving a copy of this solicitation followed by technical data (drawings, specifications, and any data contained therein) shall use such technical data solely for the purpose of submitting an offer for the manufacture of the supplies described in the solicitation. In the event a contract is awarded as a result of this solicitation, the contractor shall agree to make no disclosure of the solicitation technical data except as may be necessary to its suppliers for the furnishing of the supplies specified in the contract. To the extent that any such disclosure is made to the contractor's suppliers, the same nondisclosure agreement terms relative to the solicitation technical data also shall be applicable to the suppliers.
(b) This data is available only for competitive procurements and manufacture in the United States by U.S. firms. It shall not be released to foreign firms.
(c) The signature of the person(s) authorized to sign the solicitation and resultant contract shall constitute agreement to the nondisclosure requirement.
(d) All unsuccessful bidders/offerors (those firms not receiving an award) shall return all solicitation technical data via certified mail within 30 calendar days from the date of notification of award to:
Defense Supply Center Columbus
ATTN: DSCC-VTS
P.O. Box 3990
Columbus, OH 43218-3990
(e) All unsuccessful bidders/offerors shall agree to make no disclosure of the solicitation technical data except as may be necessary to their suppliers for the furnishing of prices for the supplies specified in the solicitation. To the extent that any such disclosure is made to the unsuccessful offerors’ suppliers, the same nondisclosure agreement relative to the solicitation technical data also shall be applicable to those suppliers.
(f) Successful bidders/offerors may retain the technical data for future United States Government procurements, unless otherwise notified.
(g) Failure to return the solicitation's technical data within the specified time may result in disqualification from participation in future MK-75 Gun acquisitions.
(h) Prior to obtaining technical data, a certification regarding the use of limited rights technical data form must be on file at the Defense Supply Center Columbus, ATTN: DSCC-VTS, P.O. Box 3990, Columbus, Ohio, 43218-3990. Forms are available for down load at https://pcf1.bsm.dla.mil/cfolders/ (select “License Agreements”, then “16 OTO Melara”).
(End of Clause)
