Attachment 1 NDA - ACB Template.docx

AGREEMENT REGARDING NON-DISCLOSURE OF INFORMATION

For Airport Surface Radar Model 9 (ASR-9) Antenna Control Box (ACB) Market Survey

I, ________________________________, will be involved in activities related to the ASR-9 MDR procurement. As a result, I understand that I may learn about and may have access to Information. For the purposes of this agreement, the term Information is defined as, but not limited to, proprietary information, procurement-sensitive information, source-selection-sensitive information, privacy information, sensitive unclassified information, and information of a confidential nature. Information includes, but is not limited to, program strategies, plans, and analyses; budgeting information; technical analyses; technical data; statements of work; acquisition plans; contractor bid and proposal information; independent government cost estimates; and cost or pricing data. Information may be in any medium or format, including but not limited to, oral, written, graphic, electronic, or machine-readable and may or may not be specifically designated as protected.

I will not discuss, divulge, or disclose any Information to any person or entity unless that person or entity is involved in activities related to the Procurement and has signed an applicable non-disclosure agreement. I will safeguard and prevent the unauthorized disclosure of Information in accordance with all applicable statutes, regulations, and orders. I will return all Information and all copies and reproductions thereof upon request of the Federal Aviation Administration (FAA). I understand that the unauthorized disclosure, use, or mishandling of Information may adversely affect the owner of the Information, the national interest, and the conduct of federal programs. I understand that federal and state laws and regulations provide for criminal and civil penalties for improper disclosure, including but not limited to, 5 U.S.C. § 552a and 18 U.S.C. §§ 641, 1832, and 1905.

The restrictions described above do not extend to Information that has become generally known or available to the public without breach of this agreement; is disclosed with the prior written approval of the appropriate FAA Contracting Officer; or is disclosed pursuant to court order after notification to the appropriate FAA Contracting Officer. All program/procurement team members agree to immediately report to the Contracting Officer any potential or possible violation of this Non-Disclosure Agreement. The Contracting Officer is Craig Mayo who can be contacted at Troy.Teachey@faa.gov.

These provisions are consistent with and do not supersede, conflict with, or otherwise alter the 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 of 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 requirements, obligations, rights, sanctions, and liabilities created by controlling executive orders and statutory provisions are incorporated into this agreement and are controlling.

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

NAME:__________________________________________________________________________________ (Printed or typed)

SIGNATURE:______________________________________________________ DATE:________________

COMPANY or AGENCY NAME: _____________________________________________________________