Appendix B_Non-Disclosure Summary.pdf

APPENDIX B: NON-DISCLOSURE AGREEMENT FOR CONTRACTOR EMPLOYEES AND

SUBCONTRACTORS

I,_____________ , am an employee of or a subcontractor to____________________ , a Contractor acting under contract to the Naval Sea Logistics Center under Prime Contract No.__________________ , through Task Order__________________ . I understand that in the performance of this task, 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, contracting plans and statements of work. 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 delivery order. 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 sensitive procurement information of the government or proprietary/trade secret information of another company.

I understand that the United States Government 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. Court costs and reasonable attorney fees incurred by the United States Government may be assessed against me if I lose such action. I understand that another company might file a separate claim against me if I have misused its proprietary information.

In the event that I seek other employment, I will reveal to any prospective employer the continuing obligation in this agreement prior to accepting any employment offer. The obligations imposed herein do not extend to information/data which:

a) is in the public domain at the time of receipt or it came into the public domain thereafter through no act of mine;

b) is disclosed with the prior written approval of the NAVSEALOGCEN designated Contracting Officer;

c) is demonstrated to have been developed by , or me independently of disclosures made hereunder;

d) is disclosed pursuant to court order, after notification to the NAVSEALOGCEN designated Contracting Officer;

e) is disclosed inadvertently despite the exercise of the same reasonable degree of care a party normally uses to protect its own proprietary information.

I have read this agreement carefully and my questions, if any, have been answered to my satisfaction.

(Printed Name of Employee Date or Subcontractor)

(Signature) Organization

(Witness Signature) Date

CRIMINAL PENALTIES.

Violating the prohibition on disclosing or obtaining information described in this non-disclosure agreement procurement may result in confinement for up to five years and a fine if done in exchange for something of value, or to obtain or give a competitive advantage.

CIVIL PENALTIES.

a. The Attorney General may take civil action for wrongfully disclosing or obtaining information described in this non-disclosure agreement, failing to report employment contacts, or accepting prohibited employment.

b. Civil penalty is up to $50,000 (individuals) and up to $500,000 (organizations) plus twice the amount of compensation received or offered.