A19 -J5- NDA.pdf

Attachment J.4 – DOL Contractor Confidentiality/Non-Disclosure Agreement

U.S. Department of Labor Contractor Confidentiality/Non-Disclosure Agreement

I, _________________________________, understand and agree to the following terms of this Agreement in consideration of my being granted access to certain U.S. Department of Labor (DOL) information and information systems that contain sensitive but unclassified information in order to carry out my duties as the contractor, or as an employee of __________________________________, under Contract(s)________________________________ to DOL/OWCP:

1. By being granted access to sensitive but unclassified information and information systems, DOL has placed special confidence and trust in me and I am obligated to protect this information from unauthorized disclosure.

2. In using DOL information and information systems, I agree to uphold the DOL's security provisions for preserving the safety and integrity of the information being accessed and protecting it against misuse or destruction. It is DOL policy to implement and maintain an Information Systems Security (ISS) program that ensures adequate protection for all information systems that collect, process, transmit, store, and/or disseminate DOL information (DLMS 9, Chapter 400, Section 403). In addition to systems and information at DOL facilities, DLMS 9-400 (information technology security) applies to all non-DOL equipment and systems that store, process, or transmit DOL information.

3. I will not disclose or provide access to any confidential or sensitive information, or information classified as confidential under the Privacy Act of 1974. This includes, but is not limited to, non-disclosure of operational and technical controls used to safeguard information and information systems. Sensitive information is information or data in information systems, other information technology assets, or any other media that are subject to all relevant laws, regulations, and DOL policies and procedures, including, but not limited to, privacy and confidentiality protections provided by the Privacy Act of 1974 (including DOL implementing regulations and policy at 29 CFR Part 71 and DLMS 5-200), and the Trade Secrets Act.

4. I will not disclose any information from or about, or provide access to, information or information systems except as instructed by the Contracting Officer's Representative (COR) or an individual designated by the COR.

5. While employed on this contract, I will abide by the rules and regulations governing the standards of conduct of DOL employees, "Ethics and Conduct of Executive Branch Employees" (5 CFR Part 2635).

6. I understand that all materials and information provided by the DOL, including any copies, notes, working papers, electronic media or systems derived or produced there from are the property of the DOL. If required to do so, I will promptly surrender to the DOL such materials and information and derived copies, notes, working papers, electronic media and/or systems which are in my custody or control. I understand that my failure to surrender such materials and/or documents, and/or my use of information obtained from such materials and documents, including copies or notes, or information systems in a manner not called for by the contract or call order (e.g., delivery of a document, a copy thereof, or notes containing information taken from a document to someone not working on this contract or task order, or not officially assigned responsibilities for the materials and/or documents by the Government) may be a basis for my termination from work on the contract, be cause for my suspension or debarment from work on federal government contracts, may be the basis for termination of the contract for default, may be a violation of 18 U.S.C. 641 (theft of Government property), may subject me to fines and/or imprisonment, and any other appropriate action.

7. I fully understand that it is my responsibility to ensure that all DOL information and data in my possession are stored properly and securely so that all DOL information and data cannot be accessed by, or made available to, unauthorized persons through my computer system.

8. I will adhere to all information technology policies, procedures, standards, rules of behavior, and practices of the U.S. Department of Labor, and any other designated Government entities.

9. Each provision of this Agreement is severable. If a court should find any provision of this Agreement to be unenforceable, all other provisions shall remain in full force and effect.

10. I understand that the unauthorized use or disclosure of DOL information or information systems may result in cancellation of my access to sensitive but unclassified information, termination of the contract, and any other appropriate action, including, but not limited to criminal sanctions under the Privacy Act of 1974, Trade Secrets Act, and/or 18 U.S.C. 641.

11. When my employment under the contract ends, I understand that my obligation of non-disclosure is not terminated.

12. I understand that my failure to sign and return this document within 15 workdays of receipt will result in my inability to work under the contract.

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