Atttachment 5 - Non Disclosure.docx

ATTACHMENT 5: EMPLOYEE/CONTRACTOR NON-DISCLOSURE AGREEMENT FORM

NOAA SUPPORT CONTRACTOR

NON-DISCLOSURE AGREEMENT (INDIVIDUAL)

In the course of performing work on Contract/Order __________________________[insert Contract or Order number], I may be given access to or entrusted with Source Selection Information as defined in Federal Acquisition Regulation (FAR) 3.104-3, (e.g., source selection plans, contractor proposal before being made public, ranking of proposals), other sensitive Government data such as data identified as “Business Sensitive,” and/or data belonging to or marked or considered as “proprietary” (e.g., restrictive legend per FAR 52.215-1), advanced procurement information (e.g., future requirements, statements of work, and acquisition strategies), trade secrets and other confidential business information (e.g., confidential business information submitted by a contractor), Government attorney work product, information protected by the Privacy Act (e.g., social security numbers, home addresses and telephone numbers of Government employees) and information that would not be released by the U.S. Department of Commerce, National Oceanic and Atmospheric Administration under the Freedom of Information Act (e.g., program, planning, and budgeting system information, workload data, and performance systems data). Data includes all data, information and software, regardless of the medium (e.g. electronic or paper) and/or format in which the data exists, and includes data which is derived from, based on, incorporates, includes or refers to such Source Selection, Business Sensitive and/or proprietary data (collectively referred to as “the data”).

As a condition to receiving access to the data, I will not discuss with, disclose, release, reproduce or otherwise provide or make available the data, or any portion thereof, to any employee of __________________________[insert Individual’s Company Name], or any other company, unless and until such person has executed a copy of this individual non-disclosure agreement. I also will not discuss with, disclose, release, reproduce, or otherwise provide or make available the data, or any portion thereof, to any non-Government person or entity (including, but not limited to any subcontractor, joint venture, affiliate, successor or assignee of the Contractor), unless the Contracting Officer (and any company claiming the data is proprietary) have given prior written approval, AND the person receiving the data has executed a copy of this individual non-disclosure agreement. Furthermore, I agree to safeguard the data and to use the data solely for the purpose of performing duties under the subject contract. Any other use, disclosure, release or reproduction is unauthorized and may result in substantial criminal, civil and/or administrative penalties to me or _____________________________[insert Individual’s Company Name].

Appropriate restrictive legends will be included by me on any copies and reproductions made of all or any part of the data and any data that is derived from, based upon, incorporates, includes or refers to the data. I agree that these obligations not to use, discuss, disclose, release, reproduce or otherwise provide or make available the data continue, even after completion of the contract and/or my employment with (Contractor’s Company Name). I will promptly (within one business day) report to my Program Manager any actual or suspected unauthorized use, disclosure, release, or reproduction of such data or violation of this agreement of which I am now or may become aware.

I agree that when DOC NOAA or my employer determines that my need for such data no longer exists or my employment with _____________________________ [insert Individual’s Company Name] ends, I shall return such data promptly (within five business days) to my Program Manager.