Attachment_11_Subcontractor_NDA.pdf

Attachment 11, Contractor or Subcontractor Employee Non-Disclosure Agreement

CONTRACTOR OR SUBCONTRACTOR EMPLOYEE

NON-DISCLOSURE AGREEMENT

I, ____________________________________________, shall maintain the confidentiality of all documents, data, and other information provided, obtained, or accessed from the United States Department of Agriculture (USDA) in performance of TO Number: (TBD)________________ in accordance with all applicable laws and regulations.

I shall not disclose documents, data, or information (including proprietary information) maintained by USDA to any person not authorized under the TO or by USDA to have access to such documents, data or information. Neither shall I directly or indirectly use, or allow the use of that data for any other purpose other than that directly associated with my officially assigned duties.

I shall not remove any documents, data, or information to which the Contractor has been given access without authorization by appropriate USDA officials. I shall not directly or indirectly reveal or cause to be revealed the nature or content of any Government data, except to authorized personnel. Further, I am aware that the unauthorized use or disclosure of information may be a violation of civil and criminal law. This non‐disclosure agreement shall be binding with regard to documents, data or information obtained at any time throughout the period of performance of the Task Order. This agreement is binding indefinitely unless released by USDA/RD Contracting Officer.

In accordance with Public Law No. 108‐447, Consolidated Act, 2005, the following is applicable:

`These restrictions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by Executive Order No. 12958; Section 7211 of title 5, United States Code (governing disclosures to Congress); Section 1034 of title 10, United States Code, as amended by the Military Whistleblower Protection Act (governing disclosure to Congress by members of the military); Section 2302(b)(8) of title 5, United States Code, as amended by the Whistleblower Protection Act (governing disclosures of illegality, waste, fraud, abuse or public health or safety threats);

the Intelligence Identities Protection Act of 1982 (50 U.S.C. 421 et seq.) (governing disclosures that could expose confidential Government agents); and the statutes which protect against disclosure that may compromise the national security, including Sections 641, 793, 794, 798, and 952 of title 18, United States Code, and Section 4(b) of the Subversive Activities Act of 1950 (50 U.S.C. 783(b)). The definitions, requirements, obligations, rights, sanctions, and liabilities created by said Executive order and listed statutes are incorporated into this agreement and are controlling.'

I understand that authorized persons refer only to persons assigned to the TO who require access to the data or directly in the line of management over the project requiring access to the data.

Signature: ____________________________________________________________

Date: ________________________________________________________________

Company, Firm, Affiliation: ______________________________________________