Attachment 18 - Commitment to Protect Non-Public Information Contractor Agreement.pdf

CONTRACTOR NON-DISCLOSURE AGREEMENT (NDA)

Each contractor/subcontractor who may have access to non-public information under their contract must sign the form: Commitment to Protect Non-Public Information – Contractor Agreement1. The Agreement is on the next page.

Please be aware that separate Agreements are required for each contract.

For NIH contractors registered in the NIH Enterprise Directory (NED) system:

• The NDA is now included in the full and refresher version of the NIH Security Awareness courses.

• The NDA is also available for direct electronic acceptance from the menu within the Security and Privacy Awareness Training system.

• Note: NIH contractors who will not be receiving an Active Directory (network) account can also use the NDA form on the next page.

For NIH contractors who are NOT registered in the NED system:

• The NDA form on the following page shall be used.

• The printed copy of the form must be signed and submitted to your Project Officer prior to performing any work on the contract. Other copies are retained and/or submitted as stated in the Agreement.

Note: Contractors are no longer required to upload a copy of their Agreement into the Security Awareness Tracking System.

1 HHS Rules of Behavior: HHS-OCIO-2010-0002.001S and HHS Contractor Oversight Guide, Appendix K

ATTACHMENT 18

http://intranet.hhs.gov/infosec/docs/policies_guides/ROB/HHS_OCIO_2010_0002.001S_HHS_Rules_of_Behavior_08262010.pdf http://intranet.hhs.gov/infosec/docs/policies_guides/COG/Contractor_Oversight_Guide.pdf

COMMITMENT TO PROTECT NON-PUBLIC INFORMATION

Contractor Agreement

Access to non-public information may be required in the performance of my official duties, while working under the following contract or subcontract with the National Institutes of Health (NIH): Contract Number _________________________________ between ________________________________ and my employer ______________________________.

(NIH I/C Name or Component) (Contractor’s Company)

Should I have access to non-public information, I agree that I shall not release, publish, or disclose such information to unauthorized persons. I shall protect such information and will employ all reasonable efforts to maintain the confidentiality of such information. These efforts shall be no less than the degree of care employed by NIH to preserve and safeguard sensitive information.

I agree that I shall immediately notify the NIH IT Service Desk of any suspected or confirmed unauthorized disclosure and/or misuse of sensitive information.

[ 301-496-4357 (local), 866-319-4357 (toll free), 301-496-8294 (TTY) or http://itservicedesk.nih.gov].

I understand that there are laws and regulations which provide for criminal and/or civil penalties for improper disclosure, including but not limited to:

a) 18 U.S.C. 641 (Public Money, Property or Records)

b) 18 U.S.C. 1832 (Trade Secrets)

c) 18 U.S.C. 1905 (Disclosure of Confidential Information)

d) 5 U.S.C. 552a (Privacy Act)

I have read and understand the requirements stated above and agree to adhere to them for the duration of time I work under a contract or subcontract with NIH. I understand that violation of the agreement may subject me to criminal and civil penalties.

Select one of the two options for signing this form:

1) Digital Signature 2) Manual Signatures (requires Witness)

Insert Digital Signature Type or Print Your Name: _____________________________

Signature: _________________________________________

Date: ___________________

Type or Print Witness Name: __________________________

Signature: _________________________________________

Date: ___________________

Copies are to be retained by:

1) NIH IC Project Officer

2) Individual Contractor

3) Contractor’s Company (Division of Contract Management) System

ATTACHMENT 18

http://itservicedesk.nih.gov/ http://itservicedesk.nih.gov

Accessibility Report

Filename:

Nondisclosure.pdf

Report created by:

Organization:

[Enter personal and organization information through the Preferences > Identity dialog.]

Summary

The checker found no problems in this document.

Needs manual check: 0

Passed manually: 3

Failed manually: 0

Skipped: 1

Passed: 28

Failed: 0

Detailed Report

Document

Rule Name Status Description

Accessibility permission flag Passed Accessibility permission flag must be set

Image-only PDF Passed Document is not image-only PDF

Tagged PDF Passed Document is tagged PDF

Logical Reading Order Passed manually Document structure provides a logical reading order

Primary language Passed Text language is specified

Title Passed Document title is showing in title bar

Bookmarks Passed Bookmarks are present in large documents

Color contrast Passed manually Document has appropriate color contrast

Page Content

Rule Name Status Description

Tagged content Passed All page content is tagged

Tagged annotations Passed All annotations are tagged

Tab order Passed Tab order is consistent with structure order

Character encoding Passed Reliable character encoding is provided

Tagged multimedia Passed All multimedia objects are tagged

Screen flicker Passed Page will not cause screen flicker

Scripts Passed No inaccessible scripts

Timed responses Passed Page does not require timed responses

Navigation links Passed manually Navigation links are not repetitive

Forms

Rule Name Status Description

Tagged form fields Passed All form fields are tagged

Field descriptions Passed All form fields have description

Alternate Text

Rule Name Status Description

Figures alternate text Passed Figures require alternate text

Nested alternate text Passed Alternate text that will never be read

Associated with content Passed Alternate text must be associated with some content

Hides annotation Passed Alternate text should not hide annotation

Other elements alternate text Passed Other elements that require alternate text

Tables

Rule Name Status Description

Rows Passed TR must be a child of Table, THead, TBody, or TFoot

TH and TD Passed TH and TD must be children of TR

Headers Passed Tables should have headers

Regularity Passed Tables must contain the same number of columns in each row and rows in each column

Summary Passed Tables must have a summary

Lists

Rule Name Status Description

List items Passed LI must be a child of L

Lbl and LBody Passed Lbl and LBody must be children of LI

Headings

Rule Name Status Description

Appropriate nesting Skipped Appropriate nesting

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