Att 4-Non-disclosure_TRB Delegation final.doc

RELEASE AND NON-DISCLOSURE AGREEMENT

As provided in that certain Delegation of Authority and Interagency Agreement (Delegation) from the Administrator of General Services (GSA) to the Director of the U.S. Office of Personnel Management (Agency) effective as of ____________, 2020, the Agency, on behalf of itself and its contractors and subcontractors, acknowledges and understands that they will be given access to Sensitive But Unclassified building information or Controlled Unclassified Information, or both (collectively, “Sensitive Information”), in connection with the operation, maintenance, repair, and alteration of the Federal Executive Institute located at Theodore Roosevelt Building, Washington DC, if, and only if, they have first executed this Release and Non-Disclosure Agreement (Agreement). Each employee of the Agency and its contractors and subcontractors that executes this Agreement will be considered an “Authorized Party.” Each Authorized Party acknowledges, understands and agrees that any Sensitive Information is for use by the Authorized Party only for the purposes described in the Delegation. In support of this requirement, GSA requires that each Authorized Party exercise best efforts when handling documents containing Sensitive Information in accordance with the following procedures. Sensitive Information may be in an electronic or hard copy format.

1. Prohibition on Disclosure of Sensitive Information. Subject to applicable Federal law, each Authorized Party hereby agrees not to disclose the contents of Sensitive Information to anyone (including co-workers), unless that person has a need to know and previously has provided the Agency’s Director of Facilities, Security and Emergency Management (Facilities Director) or the Facilities Director’s designee with an executed Agreement.

2. Destruction of Sensitive Information. The requirements of this Agreement will continue throughout the entire term of the Delegation and for whatever period of time that Sensitive Information continues to exist. Subject to applicable Federal law and the Agency’s applicable records retention schedules, all Sensitive Information must be either destroyed or returned to the Facilities Director or the Facilities Director’s designee at the expiration or earlier termination of the Delegation.

3. Written Confirmation of Disposal or Return of Sensitive Information to the Agency. When the project for which the Sensitive Information was provided is complete, each Authorized Party must provide the Facilities Director or the Facilities Director’s designee, at the time the Release of Claims form is submitted by the contractor or subcontractor, with a written statement that all Sensitive Information in their possession or control has been destroyed properly. In lieu of destroying the Sensitive Information, the Authorized Party may return the Sensitive Information to the Facilities Director or the Facilities Director’s designee for destruction.

4. Best Efforts. Each Authorized Party further agrees to use best efforts to safeguard the Sensitive Information to prevent unauthorized access by unauthorized individuals. In the event that an Authorized Party becomes aware of an unauthorized disclosure of Sensitive Information, then the Authorized Party must report the disclosure immediately to the Facilities Director or the Facilities Director’s designee.

The undersigned hereby commits to the United States to comply with the terms of this Agreement.

By: ________________________________________ Date: __________________________ Print Name: ________________________________ Title: __________________________ Name of Organization: ____________________________________________________________