2.C.1 SOW Exhibit A - HANDLING OF SENSITIVE UNCLASSIFIED INFORMATION.docx

Exhibit “A”

HANDLING OF UNCLASSIFIED SENSITIVE INFORMATION

Contractor and its employees shall comply with the provisions herein to the extent they access or handle unclassified sensitive information.

Unclassified sensitive information includes information that is designated under federal statutes, regulations, or agency directives as requiring special handling, dissemination and access controls. Sensitive information is information which may be exempt from release under the Freedom of Information Act (“FOIA”) and which, if disseminated to unauthorized individuals, or if otherwise misused, disseminated, lost, altered or destroyed, has the potential to damage governmental, commercial or private interests. Examples of unclassified sensitive information include, but are not limited to, For Official Use Only (“FOUO”), Official Use Only (“OUO”); Law Enforcement Sensitive; Not Releasable to Foreign Nationals (“NOFORN”); and proprietary and business sensitive information or technology.

Only authorized Contractor employees who are bound by legally enforceable obligations at least as stringent as those herein and have a need to know sensitive information may access, handle or otherwise use it, in all instances only for the sole purpose of fulfilling the government authorized obligations under this Agreement. The Laboratory may require Contractor or its employees to execute additional confidentiality terms and conditions before granting Contractor or its employees access to unclassified sensitive information.

When accessing or handling unclassified sensitive information, Contractor and its employees shall comply with all applicable laws and Laboratory, DOE and other government regulations, directives and policies, including Department of Energy (“DOE”) 471.1B, O 471.3, Admin Chg 1, M 471.3-1 and other applicable federal agency directives (e.g., DHS Management Directive 11042.1, etc.).

Access to unclassified sensitive information by Contractor and its employees is conditioned on compliance with the provisions herein, and an appropriate indoctrination concerning the nature of the sensitive information to which access may be granted and the protective measures and obligations required.

Upon written demand by the Laboratory or the termination or completion of duties that require access to unclassified sensitive information, Contractor shall immediately return or destroy all unclassified sensitive information as directed by the Laboratory Technical Representative. Furthermore, Contractor shall immediately notify the Laboratory Technical Representative in writing of any violations of the provisions herein by Contractor or its employees. Contractor acknowledges that any such violation may, among other things, result in termination of access to unclassified sensitive information, termination of this Agreement, or denial of access to any other unclassified sensitive or like information, or any combination of the foregoing, in addition to any other actions or penalties that may be imposed by law.

For clarity, Contractor acknowledges that the obligations imposed hereunder shall survive any termination of this Agreement.