5 - Confidentiality Agreement.docx

U.S. Department of Justice

Confidentiality Agreement for Contractor Employee

Contract/Order No. 15JPSS title

(a) I agree to abide by the safeguards described below regarding data to which I may gain access in performance of the above captioned contract. The word "data" in this agreement refers to: (1) any and all information in any form, and derivatives therefrom, furnished by or otherwise originating from the Government, whether or not such information has been reduced to writing; and (2) data first produced by the Contractor under this contract.

(b) Except as necessary in the performance of my duties under this contract, I will not, without the written permission of the Contracting Officer or Contracting Officer’s Representative (COR):

· Reveal, divulge, or publicize any data covered under this Agreement;

· Disseminate any oral, written or electronic information which constitutes data covered under this Agreement and which is obtained as a result of execution of this contract or performance of work hereunder; or,

· Remove any documents or electronic media containing data covered under this Agreement from the place of contract performance.

(c) I further acknowledge that I understand the provisions of paragraph (b), above, will continue to apply even after my employment under the contract in which I was hired is completed.

(d) I have been advised that all data covered by this Agreement that are furnished by or originating from the Government, including any copies, notes or working papers derived or produced therefrom, are the property of the Government. If required to do so by the Contracting Officer, I will promptly surrender such materials and derived copies, notes, and/or working papers that are in my custody or control. I understand that my unexcused failure to surrender such materials promptly, or my improper conversion of such materials to a use not called for by the contract (e.g., delivery of a document, or a copy thereof, or notes containing information taken from the document, to someone not authorized by the Government to receive such information), may be in violation of 18 U.S.C. 641 (theft of Government property).

(e) Further, I agree not to release information regarding performance of work under this contract to other clients or potential clients without the express permission of the Contracting Officer or COR.

(f) I understand that the provisions of this NDA 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 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.

(g) In accordance with contract provisions, this Agreement may be formally modified or changed by the Government in those instances in which the courts (e.g., civil investigative demands), or specific circumstances dictate such a modification or change. Additionally, I understand that I may be required to disclose the information subject to this agreement pursuant to the provisions of a valid court order.

Signed:

name job title organization

Date

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