ACQ-26-0204 SOW Attachment 04-Non-Disclosure Agreement.pdf

FORM # USPTO-OP-114.v2.0

Certification Concerning Nondisclosure for Non-Acquisition Related Contractor Personnel Performing Functions Closely Associated with Inherently Governmental Functions

Applicable for contractor personnel who are performing general non-acquisition related activities closely associated with IGF or have access to sensitive, contractor proprietary, or Privacy Act-protect information.

(This form will be completed by all parties under employment with the Contractor’s (including Subcontractor personnel) who are provided access to information or documents related to this contract.)

Employee Name: Contract Number:

Order Number: Project Title:

1. Procurement Integrity and Protecting Contractor Proprietary Information References: 41 U.S.C. §§ 2101-2107; 48 C.F.R. § 3.104-4(a) and (b); 18 U.S.C. § 1905

Nondisclosure of Information

I understand that in the performance of this work, I may have access to sensitive or proprietary business, technical, financial, and/or source selection information belonging to the Government or other Contractors. Proprietary information includes, but is not limited to, cost/pricing data, Government spend plan data, Contractor technical proposal data, independent government cost estimates, negotiation strategies and Contractor data presented in negotiations, and statements of work/performance work statements/statements of objectives. I agree not to discuss, divulge, or disclose any such information or data to any person or entity except those persons directly concerned with the performance of this contract on a “need to know” basis. I further affirm my understanding that an NDA does not automatically grant a “need to know” and that disclosure of information should only be granted to individuals or entities with a “need to know.” I have been advised that the unauthorized disclosure, use or negligent handling of the information by me could cause irreparable injury to the owner of the information. The injury could be source selection sensitive procurement information of the government or proprietary/trade secret information of another company.

I hereby agree not to disclose said data, any interpretations thereof, or data derivative therefrom, to unauthorized parties in contravention of these provisions without prior written approval of the Contracting Officer or the party in which title thereto is wholly vested. This portion of this Non- Disclosure Agreement also applies to any Subcontractors and/or consultants used by the Contractor in the performance of the contract.

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 or the Office of Special Counsel 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

FORM # USPTO-OP-114.v2.0 created by controlling Executive orders and statutory provisions are incorporated into this agreement and are controlling.

2. Protecting Individual Privacy (PII) References: 5 U.S.C. §552a

I attest that I will not disclose, otherwise release or misuse any of the following:

PII includes, but is not limited to, information pertaining to an individual’s education, bank accounts, financial transactions, medical history, and criminal or employment history and other information which can be used to distinguish or trace an individual’s identity, such as their name, social security number, date and place of birth, mother’s maiden name, biometric records, etc., including any other personal information which is linked or linkable to an individual. This definition includes information that the loss, misuse, or unauthorized access to or modification of could adversely affect the privacy that individuals are entitled to under the Privacy Act.

3. Contractor Certification References: 18 U.S.C. §1905

I attest that I understand my responsibilities and that I am familiar with and will comply with the standards for protecting such information that I may have access to in accordance with the terms of this Agreement and the laws, regulations, and/or directives applicable to the specific categories of information to which I am granted access. I agree to immediately notify the Contracting Officer in writing in the event that the Contractor determines or has reason to suspect a breach of this requirement.

This Agreement is made and intended for the benefit of the USPTO and may be enforced by the USPTO.

By granting me conditional access to information in this context, the USPTO may seek any remedy available to it to enforce this Agreement including, but not limited to, application for a court order prohibiting disclosure of information in breach of this Agreement. I understand that if I violate the terms and conditions of this Agreement, I could be subjected to administrative, disciplinary, civil, or criminal action, as appropriate, under the laws, regulations, or directives applicable to the category of information involved and neither the USPTO nor the United States Government have waived any statutory or common law evidentiary privileges or protections that they may assert in any administrative or court proceeding to protect any sensitive information to which I have been given conditional access under the terms of this Agreement.

Signature Date

Printed Name: