3.9 Section J Attachment A18 Amend 0016.docx

Attachment A Nondisclosure Agreement between the Department of Housing and Urban Development (“HUD”) and Contractor Employee or Other External Party Granting Conditional Access to Controlled Unclassified Information (“Nondisclosure Agreement”)

Reference:

Contract Number: ______________________________________________________ Task/Delivery Order Number (if applicable): _________________________________ Name of Contractor (Company): ___________________________________________________ I ____________________________, [insert name] understand that in the performance of my duties under the referenced contract, I may be granted access to controlled unclassified information (“CUI”) as defined in this agreement, and hereby consent to this agreement as a condition to such access.

I understand that:

· CUI is any information which the loss, misuse, or modification of, or unauthorized access to, could adversely affect the national interest or the conduct of federal programs or the privacy to which individuals are entitled under section 552a of title 5, United States Code (the Privacy Act), but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense or foreign policy.

· CUI is not available to the general public.

· CUI may include:

· Government acquisition-sensitive information, including “source selection information” as defined at section 2.101 of the Federal Acquisition Regulation (48 CFR Chapter 1), contractor bid or proposal information, information contained in individual contracts that is not public information, and such contract information that is contained in Government databases;

· Proprietary economic, financial, or business information (e.g., salary information) provided to the Government by other parties (e.g., other contractors) or belonging to HUD;

· Personally identifiable information (PII) that includes, but is not limited to, social security numbers, names, dates of birth, places of birth, parents’ names, credit card numbers, applications for entitlements, and information relating to a person’s private financial, income, employment, and tax records; and

· Any other information that the HUD contracting officer or other authorized HUD employee explicitly identifies as CUI.

· CUI may exist in various physical media (e.g., paper, electronic file, audio or video disc) or be communicated orally, may be developed under or pre-exist the referenced contract, and may be in its original form or a derivative form (i.e., where the information has been included in contractor-generated work, or where it is discernible from materials incorporating or based upon such information).

· Any unauthorized use, release, or disclosure on my part of CUI in violation of this agreement may subject me and/or my employer to administrative, civil, or criminal remedies as may be authorized by law.

Therefore, I agree that:

· I will use CUI to which I have been granted access only for official purposes in the performance of my duties under the above-referenced contract.

· Except as expressly authorized by the HUD contracting officer, I will not disclose, publish, divulge, release, or otherwise make known in any manner or to any extent, to any individual, including employees of my company or any other contractor employee(s), any CUI.

· I will not seek access to any CUI that has not been provided to me or to which I am not authorized to have access.

· I will take all reasonable precautions to prevent the unauthorized use, release or disclosure of CUI to which I have been granted access.

· I will immediately notify my superiors and the HUD contracting officer of any unauthorized use, release, or disclosure of CUI of which I become aware.

· Upon completion or termination of my duties under the referenced contract, or as directed by the HUD contracting officer or my superiors, I will surrender and return all physical media containing CUI that was provided to me or which I have created (including personal documentation, e.g., notes) during the period of my conditional access permitted by this agreement.

· Unless and until I am provided with a written release from this agreement by the HUD Contracting Officer, all conditions and requirements contained herein shall apply during the period of my conditional access to CUI and at all times thereafter.

· As requested by HUD, I will submit any written work for general publication, based in whole or in part upon any information or knowledge that I obtained pursuant to this agreement, to HUD for security review prior to its submission for publication to ensure that no CUI is disclosed. Furthermore, I hereby assign to the United States Government all royalties and remuneration paid to me that have resulted or will result from any use, release, or disclosure of information that is inconsistent with this agreement.

· Signing this Agreement does not bar disclosures required by law or a court order provided that I use diligent reasonable efforts to limit disclosure and allow the United States Government to seek a protective order.

I am [check appropriate box]:

|_| Other [describe, e.g., independent consultant]: ________________________________

Signature and Date

Address: _________________________________ Phone Number: _________________________________

Attachment A

APR 2018

APR 2018