Non-Disclosure and Confidentiality Agreements
AMA does not normally sign non-disclosure or confidentiality agreements in connection with proposals. In appropriate circumstances, we may sign a reasonable non-disclosure agreement (NDA); a template of our standard NDA is provided for your review.
Information marked "Confidential," "Company Proprietary," "Company Sensitive," "Non-Public Data," or the like will be treated as non-confidential unless it is marked with the following legend per FAR 52.215-1(e):
proposal includes data that shall not be disclosed outside AMA or the Government and shall not be duplicated, used, or disclosed—in whole or in part—for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of—or in connection with—the submission of this data, AMA and the Government shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit AMA's or the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets].
The pages to which the above restriction applies shall be marked with the following legend:
disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.
The International Traffic in Arms Regulations (ITAR) and Export Administration Regulations (EAR) apply to equipment and technical data provided and/or generated under any contract awarded in response to your proposal. An export license is required before any information in the RFQ can be provided to foreign persons or companies.
Non-U.S. Citizen Restrictions
Please be aware that NASA requires AMA to obtain written approval from NASA before allowing any non-U.S. citizen access to: (i) information required to perform under our contracts; (ii) information generated in performance of the Statement of Work of our contracts; or (iii) a NASA facility in connection with the work under our contracts. There are NO exceptions to this provision.
Reports and Deliverables
Subcontractors are responsible for controlling, protecting, preserving, and maintaining Government property and/or Contractor Acquired Property (CAP) received in conjunction with any contract awarded by AMA. Requirements are listed in FAR 52.245-1.
Subcontractors are responsible for maintaining the official record of Government property received in conjunction with any contract awarded by AMA. You must include compliance with this requirement in your proposal. Requests for Government furnished property must be clearly identified in your proposal. AMA and its Government customer are, however, under no obligation to comply with such requests. Therefore, you should make provision for alternate technical approaches if AMA or its Government customer is unwilling or unable to provide the property requested.
The Contractor shall submit annually a NASA Form (NF) 1018, NASA Property in the Custody of Contractors, in accordance with this clause, the instructions on the form, the instructions in NFS subpart 1845.71, and any supplemental instructions for the current reporting period issued by NASA. Annual property reporting should be for the fiscal year period ended 30 September, and the property reports must be provided to AMA no later than 31 October of the reporting period. Note that negative reports are not required unless a positive balance was reported in the previous fiscal year.
Requirements for On-Site Contractors
AMA subcontractors working on-site at NASA are required to comply with the requirements of the prime contract. Requirements will be flowed down in the Terms and Conditions supplied with a solicitation.
Quality Assurance Clauses
AMA uses a standard list of Quality Assurance Clauses in addition to the terms and conditions associated with a procurement. A purchase order or subcontract may list the full text of the clauses or may identify them as incorporated by reference by clause number, similar to FAR clauses. The text of all Quality Assurance Clauses is available here: Quality Assurance Clauses.