Amendment 1_ATTACHMENT 5_Non-Disclosure Agreement.pdf

Attachment 5 Non-Disclosure Agreement

CONTRACTOR EMPLOYEE COMMITMENT TO PROTECT NON-PUBLIC INFORMATION

NON-DISCLOSURE AGREEMENT FOR HEALTH AND HUMAN SERVICES/ASPR

I, _______________________________ hereby consent to the terms in this Agreement in consideration of my being granted confidential access to certain United States Government documents or materials containing sensitive but unclassified information.

Access to non-public information may be required in the performance of my official duties, while working under the following contract or sub-contract with the Department of Health and Human Services (HHS), Assistant Secretary for Preparedness and Response (ASPR):

Contract Number ___________________________ between ___________________________ and my employer ___________________________.

To carry out the duties and functions of the United States (U.S), certain information may be disclosed to Contractors that are authorized representatives of the U.S. for the purposes of the disclosure and this Contractor Non-Disclosure Agreement. Such disclosure shall be considered authorized and not a disclosure to the public or outside the Government.

Should I have access to non-public information, I agree that I shall not release, divulge, publish, or disclose such information to unauthorized persons. I shall protect such information and will employ all reasonable efforts to maintain the confidentiality of such information. These efforts shall be no less than the degree of care employed by HHS to preserve and safeguard sensitive information. I will not disclose proprietary information designated "For Official Government Use Only'' which has been received in connection with the Health and Human Services Professional Scientific Services contract, except on a need-to-know basis as instructed by the client. Prior to any disclosure to any other Government personnel or any other support contractor personnel, I will verify with the Contracting Officer/Contracting Officer Representative that the individual has signed a non-disclosure agreement with the Contracting Officer/Contracting Officer Representative substantially the same as this agreement. I understand that my obligation not to disclose information applies to information, which I have already received and to information I will receive in the future.

I acknowledge that the unauthorized disclosure of non-public information would violate this agreement;

may additionally violate federal law, regulations or policy; and could form the basis for legal action against me or against my employer. I further acknowledge that unauthorized disclosure of said information may compromise the security of the HHS and violate the terms of the aforementioned contract with the United States Government.

I further certify that there are laws and regulations which provide for criminal and/or civil penalties for improper disclosure, including but not limited to:

18 U.S.C; 641 (Public Money, Property or Records) 18 U.S.C. 1832 (Trade Secrets) 18 U.S.C. 1905 (Disclosure of Confidential Information) 5 U.S.C.552a (Privacy Act)

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CONTRACTOR EMPLOYEE COMMITMENT TO PROTECT NON-PUBLIC INFORMATION

NON-DISCLOSURE AGREEMENT FOR HEALTH AND HUMAN SERVICES/ASPR

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I have read and understand the requirements Stated above and agree to adhere to them for the duration of time I work under a contract or subcontract with HHS/ASPR. I understand that violation of the agreement may subject me to criminal and civil penalties.

NAME (Print) SIGNATURE DATE

POSITION/TITLE

This Agreement was accepted by the undersigned on behalf of the Department of Health and Human Services, ASPR as a prior condition of conditional access to non-public information.

Government Contracting Officer