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New Process for Technical Data Package Requests
Army Contracting Command - Warren has established a new process for providing technical data information. In each solicitation, see the Technical Data Package Information clause 52.211-4072 (Local Warren) for information regarding Technical Data for the procurement. There is a search feature for .pdf documents to help you find the clause quickly when the solicitation is viewed on your computer screen. Click on the “binoculars” icon at the top of the page to activate the search feature. Type in “52.211-4072” or “technical data package information” and click search.
The three clauses below provide information regarding access and requirements to the technical data.
52.211-4072 TECHNICAL DATA PACKAGE INFORMATION JUL/2012
The following "X"d item applies to this solicitation:
[ ] 1. There is no Technical Data Package (TDP) included with this solicitation.
[ ] 2. This solicitation contains one or more web-located TDPs. If multiple Contract Line Item Numbers (CLINS) are listed below, each one will have its own URL just under the CLIN listing. The URL will take you to that CLIN's Web-located TDP. To access the TDP, you will have to copy or type the link's URL to your web browser address bar at the top of the screen.
Note: To copy a link from a .pdf file, click on the "Text Select Tool", then highlight the URL, copy and paste it into your browser, and hit the Enter key.
CLIN: -1-
TDP Link (URL): -2-
[ ] 3. The TDP for this solicitation resides within FedBizOpps (https://www.fbo.gov), associated with this solicitation number, and can be accessed via this URL:
-3-
To access the data through FBO:
a. Log on to the FBO web site.
b. Enter your Marketing Partner Identification Number (MPIN).
c. Search for the solicitation number.
d. If solicitation is Export Controlled, select "Verify MPIN".
(1) TDPs that have an Export Control Warning Notice are subject to the Arms Export Control Act (Title 22, U.S.C., Sec 2751, et.seq.) or the Export Administration Act of 1979, as amended, Title 50, U.S.C, App. 2401 et. seq..
(2) Further dissemination must be in accordance with provisions of DoD Directive 5230.25. This also applies to distribution of the TDP to all SUBCONTRACTORS at every level.
(3) To obtain these TDPs, vendors and contractors must have a current DD 2345, Militarily Critical Technical Data Agreement on file with Defense Logistics Information Service (DLIS). If you are currently certified, your MPIN will be verified and you may proceed to the next step. To obtain certification, go to http://www.dlis.dla.mil/jcp/ click on documents and follow instructions provided. Processing time is estimated at six (6) to ten (10) weeks after receipt. FBO will allow you to access export controlled TDPs once certification is confirmed.
(4) Upon completion of the purposes for which Government Technical Data has been provided, the Contractor is required to destroy all documents, including all reproductions, duplications, or copies thereof as may have been further distributed by the Contractor. Destruction of this technical data shall be accomplished by: shredding, pulping, burning, or melting any physical copies of the TDP and/or deletion or removal of downloaded TDP files from computer drives and electronic devices, and any copies of those files.
e. If technical data is otherwise restricted, select "Request Explicit Access." This will generate an email to the FBO system administrator at Army Contract Command - Warren (DTA) with all the information needed for them to grant you access. FBO will subsequently automatically generate an email stating when you have permission to view or download TDP items. Allow 2 - 3 working days to complete this FBO-TDP access/approval process through the FBO system.
f. If multiple individuals in your company need access to the Technical Data Package (TDP) for a solicitation and an explicit access request is required, each individual MUST submit an explicit access request to be granted approval to view the TDP. Those same individuals MUST be registered in Federal Business Opportunities (FBO). Any individuals no longer with the company should be deleted. Questions related to registration in FBO should be directed to https://www.fbo.gov/index The FBO helpdesk phone number is (866) 606-8220. Vendors are responsible for placing correct information in FBO.
g. It is strongly suggested that you submit the explicit access request and provide the buyer with the completed “Use and Non-Disclosure Agreement” at the same time if the solicitation requires both to gain access to view the TDP.
h. A user guide for FBO can be found at https://www.fbo.gov - on the right is User Guides - click on "Vendor".
[End of clause]
52.211-4073 - USE AND NON-DISCLOSURE AGREEMENT REQUIREMENT - OCT/2010
The Government requires a Use and Non-Disclosure Agreement (NDA) to be signed by an authorized representative of your firm before you are granted access to the technical data. The appropriate Agreement is:
[ ] Available at http://contracting.tacom.army.mil/acqinfo/contractorforms.htm titled: -1- .
[ ] Available as an attachment to this solicitation.
Follow the instructions on the Agreement, and email/fax it to the buyer at -2-, or fax -3- . The buyer will notify the FBO administrator upon receiving the NDA. The administrator will grant approval to view/download the TDP. An email stating approval has been granted will be sent to the vendor. It can take up to 24 hours after approval before you are able to view the TDP. If you have any questions/problems viewing the TDP, contact the buyer.
[End of clause]
52.227-4500 - DISTRIBUTION AND DESTRUCTION OF EXPORT CONTROL TECHNICAL DATA PACKAGE - JUL/2012
This solicitation may contain technical data whose export is restricted by the Arms Export Control Act (Title 22, U.S.C., Sec 2751, et. seq.) or the Export Administration Act of 1979, as amended, Title 50, U.S.C, App. 2401 et. seq. Violations of these export laws are subject to severe criminal penalties. Disseminate in accordance with provisions of DoD Directive 5230.25. This also applies to distribution of the TDP to all SUBCONTRACTORS at every level.
To be eligible to gain access to export controlled TDP whether it is via CD you must have a current DD 2345, “Militarily Critical Technical Data Agreement” certification on file with the Defense Logistics Information Service (DLIS). To obtain certification, go to http://www.dlis.dla.mil/jcp/, click on documents, and follow instructions provided. Processing time is estimated at three days after receipt. Upon receipt of certification, you may request the TDP in accordance with the instructions stated in the solicitation's Section C.
Upon completion of the purposes for which Government Technical Data has been provided, the Contractor is required to destroy all documents, including all reproductions, duplications, or copies thereof as may have been further distributed by the Contractor.
Destruction of this technical data shall be accomplished by: shredding, pulping, burning, or melting any physical copies of the TDP and/or deletion or removal of downloaded TDP files from computer drives and electronic devices, and any copies of those files.
[End of clause]
Questions about the contents or requirements of a specific solicitation or TDP should be sent to the buyer's E-Mail address listed on the solicitation page. Questions regarding the content of this page should be sent to: USARMY Detroit Arsenal ACC Mailbox WRN IDQ.
Frequently Asked Questions about the new TDP Process
Q: I liked the old method better. Now I have to
copy and paste the TDP URL.
A: We fully
understand that accessing the TDP URLs is not as convenient but we also consider the
fact that the process is now more accurate as a result of the recent
changes. When we weighed them against each other, we made the choice to
improve quality at the cost of losing convenience. We have not
completed our changes to the process. You can expect additional changes
in the near future that will make researching our solicitations more
convenient. Please bear with us during this period of change.
Q: Why can't I simply click on the URL in the
solicitation to access the TDP?
A: If you upgrade to Acrobat 7.0 (Std or Pro) you
will be able to do this. The Adobe 7.0 reader is free for download at
http://www.adobe.com/.
Q: Why doesn't the Presolicitation Notice show a blue
print or drawing of the part the government is looking to have made?
A:
In the past the technical data references (drawings) have
been independent of the solicitation document. We have recently made a
change to our solicitation documents that provide a means for our buyers
to include technical data web links within their documents. The same
capability is available for pre-solicitation notices. Therefore the problem
should not be a problem in the future.
If you have any questions regarding this process, please
contact: USARMY Detroit Arsenal ACC Mailbox WRN IDQ
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