Contractor_NonDisclosureAgreement.docx

THE FEDERAL ELECTION COMMISSION

NONDISCLOSURE AGREEMENT

1. I, , understand and acknowledge that I may be granted access to sensitive, protected, and confidential information related to the Federal Election Commission (FEC), including, but not limited to, information about individuals, including personally identifiable information, protected by the Privacy Act and other federal laws; information pertaining to the investigation, prosecution and conciliation of enforcement matters under the Federal Election Campaign Act, the unauthorized disclosure of which is a misdemeanor; proprietary or otherwise confidential commercial information owned by other third parties, such as software vendors to the FEC; and information related to the business, personnel and security practices of the FEC. I agree to use such information only in the course of my official duties in connection with the provisions of the below referenced contract.

2. Disclosure of FEC information. I agree to hold the FEC’s sensitive, protected, and confidential information, including personally identifiable information, in whatever form or format, in strict confidence, and to take all reasonable precautions to protect against unauthorized use or unauthorized disclosure of such information, including but not limited to compliance with the Rules of Behavior and Acceptable Use Standards for Federal Election Commission Information and System Resources.

3. Duty to report. I agree to report immediately to an appropriate employee of the FEC any unauthorized use, unauthorized disclosure, or other breach of sensitive, protected, and confidential information of which I become aware, or which I suspect has occurred or may occur.

4. Return of FEC material and information. At the conclusion of my work under this contract, I will return to the FEC (or destroy, upon written approval of the Contracting Officer) all FEC material, including copies, and all records containing FEC material and information.

5. Deactivation of Access to FEC Information System Resources. Immediately at the conclusion of my work (no later than 1 business day) under this contract I agree to notify the FEC Information Technology HelpDesk, in writing, that I no longer require access to FEC Information Resources.

6. Destruction of Personally Identifiable Information (PII). Prior to final payment on the contract, I will verify with the COTR and/or contracting officer that I have destroyed any and all FEC PII that has come into my custody while working for or at the FEC. The destruction method must be consistent with FEC IT Security Policies.

7. Exceptions. I understand that this Agreement shall not apply to: (1) Disclosures of sensitive, protected, and confidential information approved in advance in writing by the Contracting Officer or an FEC employee who is at the Senior Level and above; or (2) Information that is or was publicly available by means other than my disclosure; or (3) Compliance with a valid court order; provided, however, that I agree to inform the General Counsel of the FEC as soon as possible after, and in no event more than one business day after, my receipt of such a court order, and to provide the General Counsel with a complete copy of the order.

8. Appropriations Act restriction. 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 (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.

9. This Agreement and each party's obligations shall be binding on the representatives, assigns and successors of such party. Each party has signed this Agreement through its authorized representative.

(Contract Number) (Company)

(Typed/Printed Name) (Signature)

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