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Technical Data Packages (TDPs) for Production With Authorized Third Country Sale

FMS: 
Yes
BPC: 
No
Note Input Responsibility: 
IA
Note Usage: 

Mandatory for FMS LOAs that include TDPs for production that will involve third party sales. Each LOA will state "TDP for production" underneath the MASL description:

Mandatory for Amendments and Modifications that add or change TDPs for Production that will involve third party sales.

References : 
Note Text : 
  1. "The technical data package offered herein is provided for the manufacture of [insert quantity] [insert article] in [insert purchaser] for indigenous purposes only and [insert quantity] of [insert article] in [insert purchaser] for subsequent transfer to [insert country name(s)]. Such manufacture may be accomplished either by the [insert purchaser] in its own government-owned or government-operated facilities or in designated in-country private commercial facilities.

  2. Any manufacture in excess of this quantity and as authorized in paragraph above requires separate approval of the U.S. Government and the execution of an LOA Modification or Amendment.

  3. The information furnished under this LOA, and the product derived from the use of such information, must not be disclosed or transferred to any third country, person, or organization other than the [insert country name(s)] without the prior written consent of the U.S. Government and, where required, the execution of an LOA Modification or Amendment.

  4. The use of technical data, which will be provided under this LOA, will be limited to that required for the manufacture of the equipment specifically authorized herein and its operation and maintenance. Information, which has been acquired by the U.S. Government without the unencumbered right to use and convey to others, will not be furnished.

  5. It is understood that the furnishing of these technical data does not in any way constitute a license to make, use, sell, or transfer whatsoever any inventions, technical information, or know-how (hereinafter referred to as proprietary information) owned by third parties, which may be described in the documentation.

  6. The U.S. Government incurs no liability for any procurement, manufacture, use, or sale by [insert purchaser] that makes use of any of the aforementioned proprietary information, or for any results derived from the use of the technical data furnished. [Insert purchaser] agrees to indemnify the U.S. Government against any liability resting from a claim asserted by the owner of such proprietary rights in connection with such use by the [insert purchaser] of the documentation provided hereunder.

  7. The U.S. Government will use its best efforts to furnish technical data that are accurate, adequate for the authorized purpose, current, and complete; however, the U.S. Government does not guarantee the adequacy, accuracy, currency, or completeness of these data. Similarly, the U.S. Government does not guarantee the accuracy, adequacy, currency, or completeness of any U.S. industry documentation.

  8. Production Validation. The [insert purchaser] will permit U.S. Government personnel access to government and contractor facilities, records, and storage sites to review the implementation of the requirements of this LOA. Such access will be permitted when mutually convenient, but within a reasonable period of time after the request. Visits will be accomplished under established visit procedures.

  9. Flowback of [insert purchaser] Technical Data to the U.S.:

    1. Technical Data. [insert purchaser] will furnish or cause to be furnished the following technical data to the U.S. Government at no cost to the U.S. Government other than the cost of reproduction, preparation, and handling:

      1. All technical data pertaining to changes, modifications, and improvements in the design of [insert article] made in the course of development, evaluation, production, operation, and maintenance of [insert article].

      2. All technical data pertaining to manufacturing processes employed in the production of [insert article].

      3. Technical data pertaining to changes proposed in the design of [insert article] but not adopted.

    2. Notwithstanding 1., 2., and 3. above, if [insert purchaser] incorporates an existing commercial item without modification of either the item or the [insert article] and if: the item is not based in whole or in part on U.S. technical data or on U.S. design; and the item is not in whole or in part funded or financed by [insert purchaser] directly or indirectly; and there is no development contract or subcontract between [insert purchaser] and the supplier, then [insert purchaser] will only be required, to the extent that it has the right to do so without incurring liability to others, to provide the U.S. Government sufficient information for the U.S. Government to evaluate the item, to procure it, to incorporate it into the system, and to operate, maintain, repair, overhaul, and modify it.

    3. Right to Use. [insert purchaser] will grant or cause to be granted to the U.S. Government a non-exclusive, irrevocable, royalty-free license to use and have used for U.S. defense purposes, including security cooperation, the technical data defined in a.1., a.2., and a.3. above, and any inventions (whether or not patentable) made in the course of activities covered by this LOA. Additionally, [insert purchaser] will use its best efforts to obtain licenses on fair and reasonable terms to the U.S. Government to use and have used the technical data defined in subparagraph a.4. and patented inventions depicted in such technical data for U.S. defense purposes, including security cooperation.

  10. Contract Provisions. [insert purchaser] will include suitable provisions in all pertinent program contracts, including a requirement to include those same provisions in all subcontracts, to meet the requirements of this section.

  11. The cost of the documentation provided hereunder does not include periodic updating. Revisioning services may be requested as an Amendment to this LOA or under a separate LOA, if desired."