Att 2_ NDA_Posted.pdf

1BSENSITIVE DATA NONDISCLOSURE AGREEMENT

0BAN AGREEMENT BETWEEN AND THE UNITED STATES

(Name of Company - Printed or typed)

1. Intending to be legally bound, signee on behalf of the named Company accepts the obligations contained in this Agreement in consideration for being granted access to sensitive data.

a. Sensitive data requires special handling and protection. Signee understands that by being granted access to sensitive data, special confidence and trust has been placed in named Company by the United States Government;

failure to protect this data would constitute a breach of this trust.

b. There are many types of sensitive data. Sensitive data includes marked or unmarked Controlled Unclassified Information (CUI) data, including oral communications that meets the standards set by Executive Order 13526, Office of Management and Budget (OMB) Circular A-130 Appendix III and the Department of Defense (DoD) Information Security Program Regulation, DoD 5200.1-R. Sensitive data also encompasses any data or systems of records protected from unauthorized disclosure by the provisions of Title 5, United States Code (U.S.C.) Sections 552 (often referred to as “The Freedom of Information Act”) and 552a (“The Privacy Act”.) Sensitive data can also be protected by other Federal Laws (such as “The Health Insurance Portability and Accountability Act”, Public Law 104-191.) In addition, sensitive data includes other categories of information, including (but not limited to) classified national security information, contract source selection information, medical, personnel, financial, investigatory, visa, law enforcement or other information which, if released, could result in harm or unfair treatment to any individual or group, or could have a negative impact upon individual privacy, federal programs, or foreign relations is also sensitive data.

The term includes data whose improper use or disclosure could adversely affect the ability of DoD, or elements of the Executive Branch to accomplish assigned missions, as well as proprietary data and information received from or through privileged sources. Data of this type requires special handling and protection; dissemination must be limited. I understand and accept that by being granted access to sensitive data, special confidence and trust has been placed in me by the United States Government; failure to protect this data would constitute a breach of trust.

2. Named Company has been given access to sensitive data to facilitate Market Research. It is named Company’s responsibility to safeguard sensitive data disclosed, and to refrain from disclosing sensitive data to persons not requiring access for performance of official duties. Before disclosing sensitive data, named Company shall determine the recipient's “need to know” or “need to access” sensitive data.

3. Any breach of this Agreement may result in the termination of access to sensitive data. Unauthorized release or mishandling of sensitive data may be grounds for adverse action against named Company. In addition, unauthorized disclosure of data protected by the Privacy Act may constitute a violation, or violations, of United States criminal law, and Federally-affiliated workers (including some contract employees) may be disciplined and fined up to $5,000.00.

4. All sensitive data under access remains under the control of the United States Government. Named Company will return or destroy all sensitive data in its possession or for which it is responsible: a) upon demand by an authorized representative of the United States Government, b) upon the conclusion of work under this effort as stipulated in Certification of Compliance, or c) should effort no longer require access to sensitive data. The conditions and obligations of this Agreement shall continue to apply after access to sensitive data has been terminated.

5. 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, 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 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 USC 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.

6. Signing 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.

7. These provisions are consistent with and do not supersede, conflict with, or otherwise alter 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 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.

THIS NDA CONCERNS A MATTER WITHIN THE JURISDICTION OF AN AGENCY OF THE UNITED

STATES; THE MAKER OF A FALSE, FICTITIOUS, OR FRAUDULENT NDA MAY BE CRIMINALLY

PROSECUTED UNDER 18 U.S.C. § 1001.

WITNESS ACCEPTANCE

THE EXECUTION OF THIS AGREEMENT WAS

WITNESSED BY THE UNDERSIGNED.

THE UNDERSIGNED ACCEPTED THIS

AGREEMENT BEFORE ACCESSING SENSITIVE

DATA OF THE UNITED STATES GOVERNMENT.

SIGNATURE

DATE SIGNATURE DATE