J.06_ATTACHMENT_E_Non_Disclosure_Agreement.doc

Attachment E

UNITED STATES SECTION, INTERNATIONAL BOUNDARY & WATER COMMISSION

NONDISCLOSURE AGREEMENT & CONFLICT OF INTEREST

Solicitation 191BWC18R0002 Nondisclosure Agreement:

In order to maintain accountability and protect agency specific Critical Infrastructure Protection information throughout the acquisition process for the United States Section, International Boundary and Water Commission’s (USIBWC) requirement for AMISTAD AND FALCON DAMS HYDROELECTRIC POWER PLANTS NERC AND TEXAS RELIABILITY ENTITYCOMPLIANCE SERVICES CONTRACT all non USIBWC persons involved in the project are requested to read and sign this nondisclosure agreement.

I understand the portion of Standards of Ethical Conduct for Employees of the Executive Branch as dated August 1992,revised January 2002, Subpart G – Misuse of Position, #2635.703 – Use of nonpublic information:

“(a) Prohibition. An employee shall not engage in a financial transaction using nonpublic information, nor allow the improper use of nonpublic information to further his own private interest or that of another, whether through advice or recommendation, or by knowing unauthorized disclosure.

(b) Definition of nonpublic information. For purposes of this section, nonpublic information is information that the employee gains by reason of Federal employment and that he knows or reasonably should know has not been made available to the general public. It includes information that he knows or reasonably should know:

(1) Is routinely exempt from disclosure under 5 U.S.C. 552 or otherwise protected from disclosure by statute, Executive order or regulation;

(2) Is designated as confidential by an agency; or

(3) Has not actually been disseminated to the general public and is not authorized to be made available to the public on request.”

I understand the portion of Executive Order 12674, Principles of Ethical Conduct for Government Officers and Employees, of April 12, 1989, Part I – PRINCIPLES OF ETHICAL CONDUCT:

"(n) Employees shall endeavor to avoid any actions creating the appearance that they are violating the law or the ethical standards promulgated pursuant to this order.”

By signing this document, I certify that I will not disclose any proprietary information or confidential aspects of the USIBWC’s requirement for Amistad and Falcon Dams acquisition to any person outside the Acquisition Team except as expressly permitted by the Contracting Officer. “Proprietary information or confidential aspects” includes, but is not limited to:

· data received during the pre-proposal stage which is labeled by the vendor as “proprietary” or any other data which is deemed sensitive;

· contents of an Offeror's proposals;

· the number or the name(s) of the offerors;

· performance capability, trade secrets, cost/profit of the contractor and any subcontractor (RFP & post-award stages)

I understand that the prohibition against disclosure applies to all stages of this acquisition, from now through contract close out. I also fully understand that the team members may change during the course of this acquisition and it is my duty to know who is an active team member at any given time in the life cycle of this acquisition.

I acknowledge that unless specifically authorized by the Contracting Officer to do so, release of information such as that stated above may constitute a violation of 18 U.S.C. Section 1905.

In the event that I release any of the information covered by this disclosure form, I agree to immediately notify the Contracting Officer. That notification will identify the business organization or other entity, or individual person, to whom the information in question was divulged, the content of the information, the date of such actions, and any other pertinent information.

Conflict of Interest:

I certify that I am not aware of any matter that may limit my ability to participate in the evaluation proceedings and activities of the USIBWC’s acquisition in an objective and unbiased manner. Furthermore, I am not aware of any matter which might place me in a position of a conflict, real or apparent, between my responsibilities as a member of the acquisition team and other interests.

In making this certification, I have considered all my stocks, bonds, other financial interest and employment arrangements (past, present, or under consideration) and, to the extent known to me, all the financial interest and employment arrangements of my spouse, my minor children, and other members of my immediate household.

If, after the date of this certification, any person, firm, or other organization which, to my knowledge, I have (including my spouse, my minor children, and other members of my immediate household) a financial interest, or with which I have (or had) an employment arrangement, submits a proposal or otherwise becomes involved in the acquisition, I will notify the Team Leader and the Contracting Officer of this apparent conflict of interest. Until advised to the contrary, I will not participate further in any way (by rendering advise, making recommendations, voting, or otherwise) in the work of this Team.

SIGNED:

SIGNATURE: ________________________________

DATE: _____________

PRINT NAME: ________________________________