16-Attachment 1 - NDA.docx

EXECUTIVE OFFICE OF THE PRESIDENT

COMPANY NON-DISCLOSURE AGREEMENT (DEC 2022)

Company Name: ____________________________________________________

Company Official Name: _____________________________________________

Solicitation/Contract No: ____________________________________________

I, ___________________________, understand that, during the course of performance of this order, contract, or agreement my company and its employees may be given access to information on a privileged and confidential basis about specific Executive Office of the President (EOP) information or data that is highly sensitive or non-public.

I hereby agree that my company and its employees will protect from release or unauthorized disclosure, inadvertent or intentional, any and all information furnished to our employees by the Government under this order, contract, or agreement, or other information about which we may become aware during the course of performance. I acknowledge that we are specifically prohibited from publishing, reproducing or otherwise divulging any such information to any unauthorized person or entity in whole or in part. I further acknowledge that, while this information is in our possession, we shall take all reasonable measures to protect it from unauthorized disclosure and to restrict access to those who have a bona fide requirement for such access. We will direct all questions about the sensitivity of any such information or any other issue concerning disclosure of information to the EOP Contracting Officer (CO).

EOP retains full legal control over any information and records submitted by it to contractor’s employee and may, to the extent permitted by law, modify such information or request that it be withdrawn from contractor’s files and systems. Such information, to the extent permitted by law, shall not become part of contractor records. If a contractor employee receives a request for EOP information, or a request to which EOP information would be responsive, the contractor’s employee shall not provide EOP information in response to the request and shall instead refer the request to EOP. EOP will address the request in accordance with applicable law. Requests included within this paragraph include, but are not limited to, Freedom of Information Act (FOIA) requests, Congressional requests and litigation-related requests. Any such request shall be sent in writing to the Office of Administration, Office of General Counsel through the EOP CO.

All information regarding the procedures designed or developed specifically for EOP purposes under this order, contract, or agreement shall be regarded as sensitive information by the Contractor and not to be disclosed to anyone outside the Contractor employee’s organization without the written permission of the CO.

These provisions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by existing statute or Executive order relating to (1) classified information, (2) communications to Congress, (3) the reporting to an Inspector General or the Office of Special Counsel of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, or (4) any other whistleblower protection. The definitions, requirements, obligations, rights, sanctions, and liabilities created by controlling Executive orders and statutory provisions are incorporated into this agreement and are controlling.

I understand that violation of this agreement information may subject my company and its employees to criminal penalties under Title 18 of the United States Code.

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