75N98020Q00029 Attachment 4.pdf

DEPARTMENT OF HEALTH & HUMAN SERVICES

Program Support Center Division of Acquisition Management, SAS 12501 Ardennes Avenue, Suite 400 Rockville, MD 20857

Non-Disclosure Agreement between Department of Health & Human Services and

Contractor Employee or Other External Entity Granting Conditional Access to Sensitive and Classified Information

Contract Number: _______________________

Prime Contractor: _______________________

Employer (if different): ______________________

I, _________________________, hereby consent to this agreement in consideration for my being granted conditional access to certain United States Government documents or materials containing sensitive but classified information. I understand and agree to the following terms and conditions:

1. Sensitive and classified information is any information, the loss, misuse, or unauthorized modification of which could adversely affect the national interest, the conduct of Federal programs, or the privacy to which individuals are entitled under Title 5 U.S.C. paragraph 552a, but which has not been specifically authorized to be kept secret in the interest of national defense or foreign policy.

2. Upon the execution of this agreement, I may be granted conditional access to sensitive and classified information concerning the Office of the HHS Chief Information Officer (OCIO) and its customers. This information concerns the Department of Health and Human Services and other Governmental agencies. Information may be in the form of system data, files and records, contract data, analyses, memos, meeting content, conversations, or any other form. The sole purpose of this access is to assist the Office of the HHS Chief Information Officer (OCIO) and its customers with acquiring IT Security services, or IT Security services in conjunction with Technical and/or Project Management support.

3. I will not use, release, or disclose any sensitive and classified information or data, in any form whatsoever, to any person or entity except as is necessary to perform the duties under the above-cited BPA or except as authorized by the Contracting Officer or the Contracting Officer's Representative. I will not take, alter, or convert such information to any use not specifically authorized under the BPA or this agreement.

4. I will not seek access to non-public information beyond what is required for the performance of my duties under the above-cited BPA.

5. I will ensure that my status as a contractor employee is known when seeking access to and receiving non-public information.

DEPARTMENT OF HEALTH & HUMAN SERVICES

Program Support Center

6. I will protect sensitive and classified information in accordance with the provisions of 18 U.S.C.

1905 (Trade Secrets Act), 5 U.S.C. 552 (Privacy Act of 1974), P.L. 104-294 (Economic Espionage Act of 1996), P. L. 103-339 (Counterintelligence and Security Enhancement Act of 1994), and other pertinent laws and regulations governing the confidentiality of privileged information. If I become aware of any improper use, release or disclosure of non-public information, I will advise the Contracting Officer as soon as possible.

7. I will surrender any written or electronic non-public information given to me pursuant to this agreement, including my own notes, upon completion or termination of my duties under the above-cited contract, or upon the request of the Contracting Officer, Contacting Officer's Representative, or my supervisor.

8. Unless and until I am provided with a written release from this agreement, all conditions and obligations contained herein apply both during my period of conditional access and at all times thereafter.

9. I will submit any book, article, column or other written work for general publication that is based upon any knowledge that I obtained pursuant to this agreement to the Department of Health & Human Services for security review, prior to submission for publication, to ensure that no sensitive and classified information is disclosed.

10. I hereby assign to the United Stated Government all royalties and remuneration that has resulted or will result from any use, release or disclosure that is inconsistent with this agreement.

11. I understand that any unauthorized use, release or disclosure of non-public information in violation of this agreement may subject me and/or my employer to administrative, civil, or criminal remedies as may be authorized by law.

Signed:

Contractor Employee Date

Reviewed/Approved By:

Authorized Government Official Date