NDA.pdf

U.S. Department of Transportation

Maritime Administration

1200 New Jersey Ave., SE Washington, DC 20590

Agreement, Acknowledgement & Certification

Name:

Organization:

Acquisition:

NON-DISCLOSURE AGREEMENT

I acknowledge that I have been appointed as a member of the Service Life Extension Plan(SLEP) Solicitation Team, and will be handling or have access to Source Selection Sensitive Information in the above acquisition. I certify that I have reviewed my obligations under FAR Part 3.104, prior to signing this agreement. Accordingly, I understand that I may not knowingly disclose any evaluation information, directly or indirectly, to any person(s) other than those specifically authorized by the head of the Maritime Administration (MARAD) or MARAD's assigned Contracting Officer to receive such information. I understand that willful, unauthorized disclosure of such information may, under the Procurement Integrity Law or other applicable laws and regulations, subject me to substantial administrative, civil and criminal penalties, including fines, imprisonment, and loss of employment.

1. I agree to use Source Selection Information for MARAD/government evaluation purposes only. This limitation does not apply to information that is otherwise available without restrictions to the Government, another competing contractor or the public. Source Selection Information will not to be discussed with anyone who has not signed the Nondisclosure Agreement.

2. Upon completion of the evaluation, I agree to return all copies of Source Selection Information or abstracts, if any, to the office that initially furnished the proposal information for evaluation.

3. Unless authorized in writing by the MARAD Contracting Officer releasing the Source Selection Information, I agree not to contact either the business entities originating the proposals or any of their employees, representatives, or agents concerning any aspect of the proposal information or extracts covered by the agreement.

4. 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 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

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(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.

CONFLICT OF INTEREST CERTIFICATION

I certify that to the best of my knowledge:

• neither I nor my spouse, my dependent children, members of my household, nor personnel with whom I am presently seeking employment have any direct or indirect financial interest in any potential firms which may or have submit(ed) proposals regarding this acquisition, or their proposed subcontractors or have any other beneficial interest in such firm(s) except as fully disclosed on an attachment to this certification.

• I am neither negotiating for nor have I made arrangements concerning future employment with any of the firms appearing on the Source List.

I certify that this statement is true and correct. If I later become aware of such interest, I will report this fact through the Chairperson of the Ship Acquisition Working Group and will abide by any instructions which he/she may give me in this matter.

RULES OF CONDUCT

I certify that I understand and will observe the following rules of conduct:

I will not solicit, whether directly or indirectly, any promise(s) of future employment or business opportunities from any officer, employee, representative, agent, or consultant of any offeror in the acquisition process to which I have been appointed an evaluator nor will I, or anyone acting with my knowledge and on my behalf or that of a family member, engage, directly or indirectly, in any discussion(s) of future employment or business opportunity with any officer, employee, representative, agent, or consultant of any of the competitor(s) in the aforementioned acquisition process.

I will direct all inquiries regarding this acquisition to the MARAD Contracting Officer and report any contacts by an offeror regarding this acquisition to the Contracting Officer.

I will report in writing any employment contacts by offerors as required by FAR 3.104-3(c) and either (I) reject the possibility of employment with that offeror or (ii) disqualify myself from further participation in this procurement.

I will neither ask for, nor demand, exact, solicit, seek, accept, receive, or agree to receive, whether directly or indirectly, any money, gratuity, or other thing of value from any officer, employee, representative, agent, or consultant of any competitor in this acquisition. I will advise my family that the acceptance of any such gratuity will be imputed to me as a violation, and must therefore be avoided.

I will not discuss evaluation matters with any unauthorized individuals (including Government personnel), even after contract award, without the specific prior approval of the MARAD Contracting Officer.

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I understand my obligations not to divulge information received in confidence from offerors about proposals, trade secrets, inventions, discoveries, and reports of a financial, technical, and scientific nature, even after award of the contract, except on a need-to-know basis during the conduct of official business.

I understand that my obligations under this agreement and certification are continuing in nature.

Accordingly, if at any time during the evaluation process, I, or a member of my family receive an offer of employment, business opportunity, or gift from any competitor in this competitive sourcing acquisition process, or I encounter any circumstances, however innocuous, where my participation as an team member might be called into question as a result of real or perceived conflict(s) of interest, I will immediately seek the advice of an Ethics Counselor and report the circumstances to the MARAD Contracting Officer.

I understand that intentionally making a false, fictitious, or fraudulent certification may subject me to prosecution.

Signature: Date:

Printed Name:

Confirmed:

MARAD Contracting Officer