Attachment_10_-_NDA.pdf

PDF 128 KB Posted

Attached to
Department of State (DOS) Performance Management a
Solicitation number
140D0422R0016
Issued by

About this file

This document contains a non-disclosure agreement template for contractors working with the Department of the Interior. The NDA outlines the contractor's obligations to protect sensitive but unclassified information received during the course of the contract. Key details include:

  • Contractors may be granted conditional access to sensitive but unclassified information to assist with a specific order. Information may include system data, files, records, contract data, analyses, meeting content, or conversations.

  • Contractors are prohibited from using, releasing, disclosing, altering, or converting any sensitive information except as necessary to perform duties under the contract or with authorization. They must also protect information in accordance with relevant laws and advise officials of any improper use or disclosure.

  • Upon completion or termination of contract duties, or upon request, contractors must surrender any written or electronic information provided, including their own notes. Conditions apply both during access and afterwards.

  • Contractors must submit any publication using knowledge gained from the contract to the agency for security review prior to publication.

  • The government may pursue administrative, civil, or criminal remedies for any unauthorized disclosure in violation of the agreement.

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Attachment 10 – Non-Disclosure Agreement

Non-Disclosure Agreement

Non‐disclosure Agreement between Department of the Interior and Contractor

Employee or Other External Entity Granting Conditional Access to Sensitive but

Unclassified Information

Project Title:

BPA #:

I, (PRINT FULL NAME), understand and agree to the following terms and conditions:

1. Sensitive but unclassified information is any information, the loss, misuse, or unauthorized modification of which could adversely affect the national interest, the conduct of Federal programs, or the privacy to which individuals are entitled under Title 5 U.S.C. paragraph

552a, but which has not been specifically authorized to be kept secret in the interest of national defense or foreign policy.

2. Upon the execution of this agreement, I may be granted conditional access to sensitive but unclassified information and other business/confidential information not covered under the above definition of sensitive but unclassified information. This information concerns the U.S.

Access Board and other Governmental agencies. Information may be in the form of system data, files and records, contract data, analyses, memos, meeting content, conversations, or any other form. The sole purpose of this access is to assist in the support of the above sited

Order number.

3. I will not use, release, or disclose any sensitive but unclassified information or data, in any form whatsoever, to any person or entity except as is necessary to perform the duties under the above‐cited contract or except as authorized by the Contracting Officer or the Contracting

Officer’s Technical Representative. I will not take, alter, or convert such information to any use not specifically authorized under the contract or this agreement.

4. I will not seek access to non‐public information beyond what is required for the performance of my duties under the above‐cited contract.

5. I will ensure that my status as a contractor employee is known when seeking access to and receiving non‐public information.

6. I will protect sensitive but unclassified information in accordance with the provisions of 18

U.S.C. 1905 (Trade Secrets Act), 5 U.S.C. 552 (Privacy Act of 1974), P.L. 104‐294

(Economic Espionage Act of 1996), P.L. 103‐339 (Counterintelligence and Security

Enhancement Act of 1994), and other pertinent laws and regulations governing the confidentiality of privileged information. If I become aware of any improper use, release or disclosure of non‐public information, I will advise the Contracting Officer as soon as possible.

7. I will surrender any written or electronic non‐public information given to me pursuant to this agreement, including my own notes, upon completion or termination of my duties under the above‐ cited contract, or upon the request of the Contracting Officer, Contacting

Officer’s Technical Representative, or my supervisor.

8. Unless and until I am provided with a written release from this agreement, all conditions and obligations contained herein apply both during my period of conditional access and at all times thereafter.

9. I will submit any book, article, column or other written work for general publication that is based upon any knowledge that I obtained pursuant to this agreement to the U.S. Access

Board for security review, prior to submission for publication, to ensure that no sensitive but unclassified information is disclosed.

10. I hereby assign to the United States Government all royalties and remuneration that have resulted or will result from any use, release or disclosure that is inconsistent with this agreement.

11. I understand that any unauthorized use, release or disclosure of non‐public information in violation of this agreement may subject me and/or my employer to administrative, civil, or criminal remedies as may be authorized by law.

Signed By:

(Contractor Employee)

Date

Approved By (PRINT NAME):

(Authorized Government Official)

Approved by

Government

Official

Signature:

(Authorized Government Official)

Date

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