Att 8 Cert Regarding Non-Disclosure of Prop or Sens Info RFP.pdf

EPRE RFP 47QTCD21R0002

Certification Regarding Non-Disclosure of Proprietary or Sensitive Information Attachment 8

I, ________________________________, understand I may be the Recipient of proprietary and/or sensitive information in the course of my work under the General Services Administration’s contract GS00_____________________ in support of GSA’s Enterprise Portfolio & Rate Evaluation (EPRE) contract. The term "proprietary or sensitive information" means any information considered so valuable by its owners that it is held secret by them and/or by their licensees or associates, and is not available to the public.

The proprietary and/or sensitive information you may receive in the performance of your duties includes information belonging to the Federal government, contractors, and other parties. It includes information that:

• May provide unique or discriminatory advantage to an offeror, competitor, or other private interest (such as information contained in vendor proposals or awarded contracts);

• Includes confidential commercial information submitted by an offeror/contractor which could reasonably be expected to cause competitive harm to an offeror/contractor;

• Is described by a restrictive label or legend with such words as “Procurement Sensitive,” "Proposal Information," “Proprietary Information", "Source Selection Information," “Sensitive,” "For Official Government Use Only," “Restricted,” “Confidential,” or similar language; or

• Is otherwise protected from disclosure under the Freedom of Information Act, the Privacy Act, or other authority.

By my signature below, I, the Recipient, specifically agree to the following:

1. I agree to be pro-active and ask my employer (my supervisor or other responsible official at the EPRE contractor) if I am ever unsure whether information disclosed to me, or information I am given access to, falls into the category of proprietary or sensitive information and therefore requires protection.

2. I agree that I will protect all proprietary or sensitive information I have access to.

3. I agree I will not disclose proprietary or sensitive information to any third party, including any other employee, partner or subcontractor of the EPRE contractor, who has not also executed this Non-Disclosure Agreement.

4. I agree I will not directly nor indirectly attempt to persuade or actually persuade another employee performing under the GSA EPRE contract to violate their own Non-Disclosure agreement with GSA.

5. I agree that I will not use proprietary or sensitive information that I am granted access to except as necessary to perform my official duties under the GSA EPRE contract.

6. I agree to make no copies of the proprietary or sensitive information except as authorized in writing by GSA. Any copies made under GSA’s written authorization shall be appropriately identified as belonging to GSA and marked by an appropriate restrictive legend.

7. I represent that, to the best of my knowledge and belief, no proprietary or sensitive information obtained by me so far in connection with the EPRE project has been used in any manner inconsistent with the purpose for which it was obtained. If in the future I become aware of such a disclosure or misuse I will promptly notify my employer.

8. I also understand that situations may arise where my personal interests conflict with my official duties performing work under the GSA EPRE contract. I declare that I am not aware of any such conflict of interest and I agree to promptly notify my employer if any such conflict arises in the future.

9. I understand that failure to comply with these obligations may subject me to disciplinary action or termination of employment by my employer. I further understand that noncompliance may subject me to possible administrative, civil, or criminal penalties.

EPRE RFP 47QTCD21R0002

Attachment 8

10. The obligations I am agreeing to in this Non-Disclosure Certification apply both during and after my associations with the GSA EPRE contractor and with this contract, regardless of the manner in which either association is terminated.

11. This agreement controls only information which is disclosed to me after signing this Non-Disclosure agreement.

This agreement imposes no obligation upon me with respect to proprietary or sensitive information which: (a) was in my possession before receipt from GSA or other Agency; (b) is or becomes a matter of public knowledge through no fault of my own; (c) is received by me from a third party without a duty of confidentiality; (d) is disclosed by GSA to a third party without a duty of confidentiality on the third party; (e) is independently disclosed by me with GSA's prior written approval; or (f) is developed by me without reference to information disclosed hereunder. The restrictions set forth in this Agreement regarding the use and disclosure of proprietary and sensitive information do not apply to information that is required to be disclosed by law, regulation, court, or governmental order.

Appropriations Act proviso: 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. 13526 (on the subject of classified national security information), 75 Fed. Reg. 707, or any successor to that Executive Order; 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); the Intelligence Identities Protection Act of 1982 (50 U.S.C. 421 et seq.) (governing disclosures that could expose confidential Government agents); sections 7(c) and 8H of the Inspectors General Act of 1978 (5 U.S.C. App.) (relating to disclosures to an inspector general, the inspectors general of the Intelligence Community; and Congress); section 103H(g)(3) of the National Security Act of 1947 (50 U.S.C. 403–3h(g)3 (relating to disclosures to the inspector general of the Intelligence Community); sections 17(d)(5) and 403q(e)(3)) (relating to disclosures to the Inspector General of the Central Intelligence Agency and Congress); 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 the referenced Executive Order and listed statutes are incorporated into this Non-Disclosure Agreement and are controlling.

I understand the obligations of this agreement shall survive the termination of my association with this project, regardless of the manner of such termination. I understand that failure to comply with the foregoing may subject me to disciplinary action or termination of employment. I further understand that noncompliance may subject me to possible administrative, civil, or criminal penalties.

Recipient:

(Signature and Date)

(Print Name)

(Title/Company)

(Telephone Number and Email)