RULES

Naval Surface Warfare Center Crane (NSWC Crane) and Advanced Technology International (ATI) Rules and Participant Agreement ("Agreement") apply specifically to the NAVSEA Energy Storage Event ("Event"). In order to participate in this Event, each legal entity meeting the requirements of Section 4 below (hereinafter "You" or "Respondent") is required to have its relevant personnel read and understand the terms of this Agreement and the Supplementary Guidance ("Guidance") published on the Event website.

Any resulting awards from this Event will be made under the Expeditionary Missions Consortium – Crane (EMC²) Other Transaction Agreement (OTA), N00164-24-9-0001. The OTA is executed between NSWC Crane and ATI and ATI is the Consortium Manager ("CM").

Organizer and Sponsor. Advanced Technology International ("ATI" or "Organizer") is the administrator for this Event. The US Department of Defense ("DOD" or "Sponsor") is the Sponsor for this Event.

1. LEGAL TERMS: (a) This Event is governed solely by this Agreement and Guidance.

(b) By submitting a Solution ("Solution", "Response", "Submission") to this Event, you agree to be bound by the Agreement and Guidance, which together constitute a binding agreement between the Respondent and the Organizer. DOD is a third-party beneficiary of this Event. By your Solution and participation in the Event you agree to be bound by these Rules.

c) It is the Respondent's responsibility to remain informed as to any changes to the Agreement and Guidance. In the event of any question or matter arising out of any point not expressly provided for in the website pages, the decision of the Organizer shall be final. In the event of any dispute regarding webpage content, or any matter relating to the Event, the Organizer's decision shall be final and unchallengeable, and no correspondence or discussion shall be entered into, comment issued, or reason given in respect of any decision made by the Organizer. Should there be any conflict between this Agreement and Guidance documents, this Agreement takes precedence.

(d) Respondents are responsible for compliance with applicable laws and regulations relating to your participation in this Event. Respondents are responsible for abiding by their employer's policies regarding participation in this Event.

Furthermore, all Respondents selected to present at the Event are subject to verification of eligibility to win awards under federal guidelines and under the EMC² OTA. Respondents are responsible for ensuring that they and their Solution are in full compliance with all relevant local, regional and national regulations. Check with your local authorities concerning questions about your eligibility.

(e) Organizers disclaim any and all liability or responsibility for disputes arising between you, your employer and any other party related to this Event on its behalf and that of the Sponsor.

2. PARTICIPANT: Respondent is any organization meeting the qualifications in Section 4 below that has authorized its personnel to submit each Solution and is solely responsible to receive all communications from Organizer related to this Event and to ensure compliance with this Agreement and Guidance. Those persons submitting a Solution on behalf of a Respondent organization represent and warrant that they are employees that have the authority to submit the Solution on behalf of the Respondents and to bind the Respondents organization to the terms of this Agreement.

3. EVENT DATES: To be considered a Respondent in the Event, individuals or teams must submit their organization's non-confidential response via the Event website. No other means of entry will be considered.

The Event website will open to submission on 9/24/2024 7:00 am ET. All Solutions must be received electronically as indicated on the Event website by Friday, 10/25/2024 8:00 pm ET. Late Solutions will not be considered. Dates are subject to change.

4. ELIGIBILITY: Participation in the Event is free and open to all commercial, companies organized in the United States. Respondents must not be operating under Foreign Ownership, Control or Influence (FOCI). A company is considered to be operating under FOCI whenever a foreign interest has the power, direct or indirect, whether or not exercised, and whether or not exercisable, to direct or decide matters affecting the management or operations of that company in a manner which may result in unauthorized access to sensitive information or may adversely affect the performance of Government contracts.

Solutions of Interest XXXX will require Controlled Unclassified Information (CUI) during execution of award. Respondents must comply with the following clauses to be eligible to receive an award for this/these Solutions of Interest.

• 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting
• 252.204-7020, NIST SP 800-171 DoD Assessments

Members of the Assessment Team are not eligible to submit a Solution for this Event.

You may not submit a project under this Event for which the same or similar project has received Government funding. Please consult our FAQ here. For any legal advice, please consult your legal counsel.

Employees and family members of the Organizer, its contractors and any of their respective affiliates and subsidiaries are not eligible to enter this Event.

5. HOW TO ENTER: To enter, you must submit a Solution through the designated Event Submission Page on the Event website. The Event website will provide further instructions, requirements, criteria, fillable fields, uploads and other details regarding the required submission format. All Solutions must be in English, without exception. Where applicable, Solution attachments may be submitted in .pdf, .xls, .xlsx, .doc, docx, .ppt, .pptx, or .mp4 formats.

All Solutions must be submitted through the Event website submission page by: Completing all fields of the submission (or registration) form; Uploading required files via the provided upload field at the time the Solution is submitted; Completing submission by clicking the "Submit" button.

To be eligible to participate, a complete and compliant submission must be received electronically as indicated on the Event website by 8:00 pm ET on Friday, 10/25/2024. Late Solutions will not be considered. Dates are subject to change.

Solutions submitted in any other manner than that described above shall be considered ineligible. Organizers will not accept any Solutions or attachments submitted via email, physical mail, courier, fax or otherwise, or that are submitted beyond the deadline.

Respondents are permitted to submit multiple Solutions to multiple Solutions of Interest. Solutions will be reviewed independently and shall have no bearing on the review of additional Solutions submitted by the Respondent, except in the case of a breach of this Agreement resulting in a disqualification of the Respondent.

By submitting a Solution, you agree that (a) all required fields are complete and all information in your Solution is correct and accurate; and (b) your registration may be rejected or terminated, and all Solutions submitted by you may be disqualified if any of the information provided is (or the Organizer has reasonable grounds to believe it is) incomplete, incorrect or inaccurate. All Respondents are solely responsible for their Solution. All registration information is deemed collected in the U.S.

The Organizer is not responsible for: (a) late, lost, stolen, damaged, garbled, incomplete, incorrect or misdirected Solutions or other communications; (b) errors, omissions, interruptions, deletions, defects, or delays in operations or transmission of information, in each case whether arising by way of technical or other failures or malfunctions of computer hardware, software, communications devices, or transmission lines; or (c) data corruption, theft, destruction, unauthorized access to or alteration of Solution materials, loss or otherwise.

The Organizer is not responsible for electronic communications or emails which are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in any email account to receive email messages. The Organizer disclaims any liability for damage to any computer system resulting from participation in or accessing or downloading of information in connection with the Event.

Respondents are solely responsible for all equipment, expenses, resources, insurance and/or costs incurred by or on behalf of any Respondent while participating in the Event.

6. SOLUTION CRITERIA GUIDELINES: Solution guidelines and descriptions of all items and information required to complete a Solution for the Event are available on the Event webpage. See the Event webpage for additional details.

7. ASSESSMENT TEAM: All evaluations will be performed by a team comprised of individuals who are competent in the subject matter of the Event (the "Assessment Team"). Organizer reserves the right to change the Assessment Team at any time.

Organizer is under no obligation to notify Respondents of any changes to the Assessment Team. Organizer is under no obligation to disclose any information about the Assessment Team.

8. SOLUTION EVALUATION AND RATING:

All eligible Solutions will be evaluated and rated, as follows, for technical merit in order to select the presenters of the Event (the "Presenters"). All evaluations will take place inside the United States of America, without exception.

Green	The Solution has sufficient technical merit and has the potential to successfully address the success criteria of the focus area. Certain aspects of the Solution may require refinement.
Yellow	The Solution may have sufficient technical merit and has the potential to successfully address the success criteria of the focus area. Certain aspects of the Solution require refinement.
Red	The Solution does not have sufficient technical merit or does not address the requirements of the focus area.

Solutions rated Green or Yellow will be either Invited to the Event or placed in the Basket. Solutions placed in the Basket may be considered for award up to 36 months after the Solution submission deadline. Solutions rated Red will not be placed in the Basket and are not eligible to attend the Event or for award. A Solution Invited to the Event or placed in the Basket does not guarantee an award.

The Presenters will be notified by 11/7/2024. Presenters will be required to join EMC² in order to expedite potential awards following the pitch competition. Presenters may join EMC² by applying for membership at EMCCrane.org/how-to-join. Presenters may need to register or update their registrations with the Government (UEI, CAGE) to join the EMC² and to receive an award if selected.

Presenters will present their Solution to a panel at Defense TechConnect Innovation Summit and Expo in December in Austin, Texas. No confidential or proprietary information shall be included in the presentations. Presentations will not be performed in a closed audience and other parties seeking awards may be present during presentations.

9. EVENT EVALUATION AND RATING: Solutions presented at the Event will be evaluated based on compliance with the Event requirements, Solution criteria, and with the information provided on the Event webpage. Evaluation of Solutions will occur after the Event.

All Solutions presented at the Event will be evaluated and rated. All evaluations will take place inside the United States of America, without exception.

The following factors and criteria will be used to evaluate each Solution presented at the Event to assess the Respondent's understanding of the Solution of Interest and its ability to accomplish the stated tasking and successfully deliver a prototype(s).

1. Demonstration of expertise and overall technical merit of response
2. Feasibility of implementation
3. Estimated cost and timeline for completion
4. Total project risk as it relates to technical objectives, schedule, data rights, and costs

The Solutions presented at the Event will receive one of the following ratings:

Strong Potential	Solution demonstrates good understanding of the technological need, displays a solid & well-supported technical approach, and has a moderate-to-high probability of achieving all or most of the requirements of the project. Solution has one or more benefits that can significantly enhance mission effectiveness.
Some Potential	Solution demonstrates some understanding of the technological need and displays an approach that has a fair probability of achieving most of the technical objectives. Solution has no more than a moderate potential to enhance mission effectiveness.
No Potential	Solution demonstrates a minimal understanding of the technological need, and/or the approach has little probability of achieving any of the requirements of the program. Solution proposes a less than minimally acceptable solution to the Government. Solution lacks technical merit, relevancy, feasibility, is not eligible for award, or is otherwise unacceptable.

Solutions rated with Strong Potential or Some Potential will be either Selected for award or placed in the Basket. Solutions placed in the Basket may be considered for award up to 36 months after the Solution submission deadline. Solutions rated with No Potential will not be placed in the Basket and are not eligible for award. A Solution Selected for award or for future award does not guarantee an award.

10. AWARDS: The Presenters will be notified of their Solution and Event Evaluation and Rating by email following the Event. Selection of a Finalist's proposal from Event does not guarantee an award of any agreement, grant, or contract. Any subsequent award will be subject to agreement of terms and conditions of EMC² 's OTA process and subject to the availability of funds.

The Government reserves the right to award follow-on production Other Transactions or Contracts after successful completion of any prototype projects competitively awarded from the Event.

11. VERIFICATION OF WINNERS: Respondents are eligible to be considered for multiple pitches provided that the Solutions are clearly distinguishable as novel and different from one another.

Winning the future potential award is contingent upon execution of the EMC² Base Agreement, verification of meeting OTA Authority in accordance with 10 U.S. Code § 4022 and returning a signed Project Agreement. Failure to sign and return all such requested documentation by the return date specified by the Organizer after notification of Selection for award will result in forfeiture of the award and the subsequent selection of an alternate potential Awardee. Each Awardee must comply with all the terms and conditions on the Event website, Base Agreement, and Project Agreement.

Presenters will be contacted on or about 11/7/2024 to provide any proof of eligibility if required. All Presenters, and potential Awardees will be notified by the e-mail address provided in the Solution. A return of a Finalist notification as "undeliverable" will result in disqualification. The Organizer reserves the right to examine Solutions for compliance with the rules and guidelines. Failure of a Respondent to demonstrate eligibility will result in disqualification.

No substitution or transfer of Award is permitted.

12. INTELLECTUAL PROPERTY (IP) RIGHTS: By submitting a Solution you represent that:

The Solution is the original work of the Respondent organization named in the Solution on whose behalf it is being submitted; You have authority, warrant, and have sufficient rights to submit the Solution on behalf of the identified Respondent. Use of the Solution for this Event does not trigger any financial liability for Organizer or Sponsor. Respondent shall indemnify and hold harmless Organizer for any claim arising out its duties as required by the Sponsor and occasioned by a breach of any of the representations in this Section.

By accepting any Event award, each Respondent thereby agrees to use of its name, city/state, and/or Event award information, a synopsis of the Solution by Sponsor or Organizer solely on behalf of the Sponsor, for promotional purposes in conjunction with this Event in any medium without additional compensation.

Use of Marks: Except as expressly set forth herein Respondents shall not use the names , trademarks, service marks, seals, logos, insignias, trade dress, or any other designation of source or origin subject to legal protection, copyrighted material or similar IP ("Marks") of Organizer or Sponsors in any way without such party's prior written permission in each instance, which such party may grant or withhold in its sole and absolute discretion.

13. CONFIDENTIAL INFORMATION: You acknowledge that your Solution may be the subject of a Freedom of Information Act (FOIA) request. You acknowledge that any and all information included in your submission materials is non-confidential and non-proprietary in nature. You acknowledge that inclusion of any materials identified as "confidential" or "proprietary" or deemed to be such by the Organizer will result in immediate disqualification of that Solution from consideration in the Event. You acknowledge that the Organizer may share the details of your Solution with designated third parties (e.g., Sponsor, Assessment Team) for purposes as described in this Agreement and Event announcement.

14. PARTICIPANT'S PERSONAL INFORMATION AND PRIVACY: By entering the Event, each Respondent is required to provide, and consents to the collection, retention, and use of, its organizational and personal submitting employee information in accordance with the Organizer's Event Privacy Policy (the "Privacy Policy"), available at https://techconnect.org/privacy_policy.html. The Organizer will use the information provided for purposes described in the Privacy Policy, as well as in administering the Event, notifying the Respondent if selected as a potential awardee, and publicizing the name of the Awardee, to the extent permitted by applicable law. The Organizer may update or change the Privacy Policy from time to time. Any change to the Privacy Policy will become effective when the Organizer posts the revised Privacy Policy on the link above. Each Respondent is encouraged to periodically review the Privacy Policy to stay informed about how the Organizer collects, uses, and shares organizational personal information.

By participating and submitting a Solution, Respondent expressly consents and agrees that Organizer and any other participating parties are authorized to contact Respondent via email or any other form of media to make Respondent aware of information pertinent to the Event, and to distribute information regarding the Organizer featured products, special events or offers, or purchase incentives, provided Respondent has opted-in to receive such information. Respondents may opt-out of any further email communication at any time by simply following the provided opt-out instructions in email.

15. WARRANTIES: By submitting a Solution, you represent and warrant that, the Solution: does not contain malicious code, viruses, malware, timebombs, cancelbots, worms, Trojan horses or other potentially harmful programs or other material or information; and submission of the Solution does not violate applicable law or regulation.

A breach of any warranty or representation may result in the corresponding Solution being invalidated and/or Respondent being disqualified under this Event.

16. RELEASE AND LIMITATION OF LIABILITY:

(a) Release: By participating in the Event, Respondent agrees to release and hold harmless the Sponsor, Organizer, and their respective parent companies, subsidiaries, affiliates, suppliers, distributors, contractors, advertising agencies, prize providers, and each of their respective officers, directors, employees, and agents (collectively, the "Released Parties") from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Event or receipt or use or misuse of an Award or any other prize associated with the Event. Except where prohibited, participation in the Event constitutes the consent of a Winner to the Organizer's and Sponsor's and their representatives' or agents' use of the Winner's organizational and relevant employees' name, likeness, photograph, voice, opinions, biographical data, and/or contact information for promotional and other internal or external marketing purposes in any media, worldwide, without further compensation.

(b) Limitation of Liability: The Released Parties are not responsible for: (i) lost, late, stolen, misdirected, damaged, illegible, incomplete, garbled, or undelivered entries; (ii) fraud, technical problems, failures, malfunctions, or for any other technical problems or malfunctions associated with any telephone lines, computer systems, servers, provider hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmissions or any combination thereof; (iii) any damage to any Respondent's computer system/software related to or resulting from any participation or activity in connection with the Event; or (iv) any incorrect or inaccurate information provided, published, or printed or any other factor beyond the Organizer's control that impairs the integrity or proper functioning of the Event as determined by Organizer in its sole discretion. The released parties make no warranty, guaranty, or representation of any kind concerning the award (or any portion thereof), and disclaim any implied warranty.

17. NO OBLIGATION: You acknowledge that multiple Respondents may submit Solutions that contain concepts, approaches, or technologies similar to your Solution and that the Organizer, Sponsor, and/or their respective subsidiaries and partners may already be investigating or developing solutions or have business activities that are related to or similar to those disclosed in your Solution. You acknowledge that Organizer's actions with respect to another Solution or one of its own solutions, investigations, or business activities, even if similar to your Solution, shall not create any liability of any kind by Organizer to you or others. Further, the Organizer is not or shall not be restricted in any way from pursuing, developing, or commercializing, in any way that they see fit, independent of you and at its sole discretion, any activity or technology that is created independent of your Solution. For the avoidance of doubt, you acknowledge that the Organizer is not obligated to take any action whatsoever with regard to your Solution.

18. SEVERABILITY: The invalidity or unenforceability of any provision of this Agreement and Guidance shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, this Agreement and Guidance shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision was not contained herein.

19. WAIVER Under no circumstance will a participant be permitted to obtain awards for, and each Respondent hereby waives all rights to claim, punitive, incidental, consequential, or any other damages (including attorneys' fees), or any other actual out-of-pocket expenses.

20. ENTIRE AGREEMENT: This is the parties' entire Agreement on this matter, superseding all previous negotiations or agreements and can only be modified by written agreement.

21. APPLICABLE LAW: You agree that this Agreement and Guidance and the relationship between you and Organizers shall be governed and construed under the laws of South Carolina, United States. Any action against the Sponsor is subject to Federal law. You acknowledge and agree that all aspects and content of your Solution, including all information, developments, inventions, and works of authorship, shall be treated as if made in the U.S. and U.S. laws relating to patents, inventions, assignments, and innovation compensation shall supersede the relevant laws of any country in which the Solution may have been conceived, developed, or reduced to practice. Each Respondent agrees that: (i) any and all disputes, claims, or causes of action arising out of or connected with the Event or any Award shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the District of South Carolina.

22. CONTEST RESULTS: The official awardees will be published on EMCCrane.org and the event website.

23. ORGANIZER ADDRESS: ATI, 315 Sigma Drive, Summerville, SC 29414

24. ACCEPTANCE AND EVENT PARTICIPATION: By submitting a Solution for the Event, you accept the conditions stated in this Agreement and Guidance, agree to be bound by the decisions of the Organizer and the Assessment Team and warrant that you are eligible to participate in the Event. If you do not accept these Rules, do not enter the Event. We recommend that you print a copy of this Agreement and Guidance for your future reference.

No purchase or payment necessary to enter or win. A purchase will not increase your chances of winning. Odds of winning will depend on the total number of eligible entries received. Void where prohibited by law. Respondents waive the ability to bring claims in a class action format.