Appendix 8 - DISA NDA.docx

DEFENSE INFORMATION SYSTEMS AGENCY

NON-DISCLOSURE AGREEMENT FOR CONTRACTOR PERSONNEL

THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF AN AGENCY OF THE UNITED STATES AND THE MAKING OF A FALSE, FICTICIOUS, OR FRAUDULENT CERTIFICATION MAY RENDER THE MAKER SUBJECT TO PROSECUTION UNDER TITLE 18, UNITED STATES CODE, SECTION 1001.

I, (print or type name), as an employee of (insert employer name) (“the Company”), a contractor or subcontractor for the Defense Information Systems Agency/Defense Information Technology Contracting Organization (DITCO) or other relevant DoD entity, performing under Contract Number (insert contract number), understand that as a result of my assignment under this contract, I may have access to, become aware of, or possess information/data that is considered sensitive or proprietary and may be protected by law from unauthorized use or disclosure.

I agree not to disclose to any individual, business entity, organization, or anyone within or outside of the Company who has not signed a non-disclosure agreement for the purposes of performing this contract: (1) any planning, programming, and budgeting system information; (2) any contractor bid or proposal information or source selection information as defined in Federal Acquisition Regulation (FAR) 3.104-4; (3) any information exempt from disclosure under the Freedom of Information Act, 5 U.S.C. § 552(b), including any trade secrets, proprietary, or financial information protected under § 552(b)(4); (4) any personally-identifiable information or protected health information; and (5) any other sensitive information considered Confidential or For Official Use Only (FOUO). I also agree to use such information/data solely for the purposes of performing this contract, and not to use such information/data to obtain anything of value or to provide a financial benefit or a competitive advantage to any third party and/or my employer.

I continue to be bound by the obligations of this Agreement after my performance under the contract has ended, and after the contract has been terminated or closed, until such time as the information/data protected by this Agreement is approved by the United States Government for public release. Any sensitive or proprietary information/data in my possession at the end of my performance under this contract must be returned to the Government. I understand that I may be subject to administrative, civil, and criminal sanctions for violating this Agreement, and any violation of this Agreement may result in my removal from assignment to this contract.

This Agreement does not bar disclosures to Congress or to an authorized official of an executive agency or the Department of Justice that are essential to reporting a substantial violation of law, and this Agreement does not prohibit disclosures which are required under order of a court of competent jurisdiction. These provisions are consistent with and do not supersede, conflict with, or otherwise alter the obligations, rights, or liabilities created by existing statutes or Executive orders 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. These controlling Executive orders and statutory provisions include Executive Order No. 13526, as amended; 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 USC 3121 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 USC 783(b)).

My execution of this Agreement shall not nullify or affect in any manner any other Confidentiality or Non-Disclosure Agreement, including any Standard Form 312 or 4414, which I have executed or may execute with the United States Government or any of its departments or agencies.

I have carefully read this Agreement and understand my obligations under it.

Signature of Contractor Employee Date