Attachment 09 - NDA Rural Development.docx

CONDITIONAL ACCESS TO USDA CONTROLLED UNCLASSIFIED INFORMATION NON-DISCLOSURE AGREEMENT (DM3550-02)

I, hereby consent to the terms in this Agreement in consideration of being granted conditional access to certain United States Government documents or material containing sensitive but unclassified information.

I understand and agree to the following terms and conditions:

By being granted conditional access to controlled unclassified information, the United States Government has placed special confidence and trust in me and I am obligated to protect this information from unauthorized disclosure in accordance with the terms of this agreement.

As used in this Agreement, controlled unclassified information is any information which the loss, misuse, or unauthorized access to of modification of which could adversely affect the national interest or the conduct of Federal programs, or the privacy to which individuals are entitled under Title 5 U.S.C Section 552a, but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of the national defense or foreign policy.

I am being granted conditional access contingent upon my execution of this Agreement for the sole purpose (Provide purpose for the task order) in support of Task order number: (add contract/task order number). This agreement will permit (company name) conditional access to certain pre-determined information, e.g., documents, memoranda, reports, testimony, deliberations, maps, drawings, schematics, plans, assessments, etc. and / or to attend meetings in which such information is discussed or otherwise made available to (company name).

This agreement will not allow me access to materials to which the United States Department of Agriculture (USDA) or USDA/Rural Development (RD) has predetermined, in its sole discretion, are inappropriate for disclosure pursuant to this Agreement. This may include controlled unclassified information provided to USDA by other agencies of the United States Government.

(Company name) will never divulge any controlled unclassified information, which is provided to (company name) pursuant to this Agreement to anyone, unless advised in writing by the USDA RD that the individual is authorized to receive it. Should I desire to make use of any controlled unclassified information, (company name) will submit to the USDA RD for security review, prior to the submission for publication, any book, article, column or other written work for the general publication that is based on any knowledge obtained during (company name) work on (add contract/task order number) for the USDA RD to ensure that no controlled unclassified information is disclosed.

Attachment

Non -Disclosure

Agreement Solicitation

12SAD12

R0001

NON-DISCLOSURE

AGREEMENT

(DM3550-02)

Page of

(company name) hereby assign to the United States Government all royalties, remunerations, and emolument that have resulted, will result or may result from any disclosure, publication, or revelation of controlled unclassified information not consistent with the terms of this Agreement.

If I am permitted, at the sole discretion of the USDA RD, to review any official documents containing controlled unclassified information, such review will be conducted at a secure USDA RD facility or under circumstances which have been approved by the USDA RD to maintain the security protection of such material. I will not be permitted to and will not make any copies of documents or parts of documents to which conditional access is granted. Any notes taken during the course of such access will remain at the USDA RD, to be placed in secure storage unless it is determined by the USDA RD officials that the notes contain no controlled unclassified information. If I wish to have the notes released to me, USDA RD officials will review the notes for the purposes of deleting any controlled unclassified information to create a redacted copy of the notes. If I do not wish a review of any notes that I make, those notes will remain sealed in secure storage at the USDA RD.

If I violate the terms and conditions of this Agreement, I understand that the unauthorized disclosure of controlled unclassified information could compromise the security of the USDA RD.

If I violate the terms and conditions of this Agreement, such violation may result in the cancellation of my conditional access to controlled unclassified information. This may serve as a basis for denying (company name) conditional access to USDA RD information in the future. If I violate the terms and conditions of this Agreement, the United States may institute a civil action for damages or any other appropriate relief. The willful disclosure of information to which I have agreed therein not to divulge may constitute a criminal offense.

Unless and until I am provided a written release by the USDA RD from this Agreement or any portions of it, all conditions and obligations contained in this Agreement apply both during my period of conditional access, which shall terminate at the conclusion of my work on Task Order number: (add contract/task order number), at all times thereafter.

Each provision of this Agreement is severable. If a court should find any provision of this Agreement to be unenforceable, all other provisions shall remain in full force and effect.

I understand that the Unites 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.

By granting me access to controlled unclassified information, the United States Government does not waive any statutory or common law evidentiary privileges or protections that it may assert in any administrative or court proceeding to protect any controlled unclassified information to which I have been given conditional access under the terms of this Agreement.

These restrictions are consistent with and do not supersede, conflict with or otherwise alter the employee obligations, rights or liabilities created by Executive Order 12356; Section 7211 of Title 5, United States Code (governing disclosures to Congress); 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 Protection Act of 1982 (50 U.S.C.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 U.S.C. Section 783(b)). The definitions, requirements, obligations, rights, sanctions and liabilities created by said Executive Order and listed statues are incorporated into this Agreement and are controlling.

My execution of this Agreement shall not nullify or effect in any manner any other secrecy or nondisclosure Agreement which I have executed or may execute with the United States Government.

I make this Agreement in good faith, without any mental reservation or purpose of evasion.

Signature Page

Add (company name) Representative Name here, Date Perhaps their contracts/executive person (company name)

USDA Signatory Full Name Date Title USDA/Rural Development image1.jpeg