Attachment 2 Non-Disclosure Agreement KSH.docx

United States Department of Justice Contract No. xxxx-xx-xxxx Attachment 2 – Non-Disclosure Agreement Microsoft Services Premier Support

Contract # xxxx-xx-xxxx NON-DISCLOSURE AND CONFIDENTIALITY AGREEMENT FOR CONTRACTOR AND SUBCONTRACTOR EMPLOYEES

I. I, , do solemnly swear (or affirm) that I understand the high standards of trustworthiness and integrity required of me with regard to materials and information which may come to my attention in connection with Government contract/Task Order # , while I am an employee of <Contractor Company Name>.

II. Except as necessary in the performance of my duties under this contract/Task Order, I will not:

A. Reveal, divulge, or publicize any matters dealt with under the contract/Task Order.

B. Disseminate any oral or written information obtained as a result of execution of this contract or performance of work hereunder.

C. Remove any documents from the place of contract performance, except as approved in advance by the Task Manager or Contracting Officer's Technical Representative.

Furthermore, while working on this contract/Task Order, I will abide by the rules and regulations governing the treatment of National Security Information (NSI) (classified) and/or Sensitive but Unclassified (SBU) information by the Department of Justice employees, as outlined in Title 28, Code of Federal Regulations. [The whistleblower protection requirements established in former PGD 16-05 were derived from Pub. L. 112-239, “Pilot Program for Enhancement of Contractor Protection from Reprisal for Disclosure of Certain Information,” codified at 41 U.S.C. § 4712 by Section 828 of the National Defense Authorization Act. Since release of PGD 16-05, the FAR has been updated to fully implement 41 U.S.C. § 4712. Accordingly, DOJ directs acquisition workforce members to adhere to the terms and conditions prescribed in the FAR Subsection 3.908, as applicable.] Comment by Higa, Sakura: There should be a statement associated with whistleblower protections. I do not see the general NDA language in this document. DOJ PGD 16-04. Comment by Escalona, Fitzgerald: I have added the JAR whistleblower clause within the RFP. Is this sufficient or should I revise this document to include the (highlighted) language?

III. As a Contractor or subcontractor employee on this contract/Task Order, I understand that all materials provided by the Government, including any copies, notes or working papers derived or produced there from, are the property of the Government. I will promptly surrender all such materials and derived copies, notes, and/or working papers which are in my custody or control upon demand or upon completion or termination of the contract/Task Order as applicable, whichever comes first. I understand that my failure to surrender such materials promptly or my conversion of such materials to a use not called for by the contract/Task Order (e.g., delivery of a document, or a copy thereof, or notes containing information taken from the document to someone not working on this contact/Task Order) may be at minimum, a violation of 18 U.S.C. 641 (theft of Government property) and may subject me to fines (up to $10,000) and imprisonment (up to 10 years).

IV. In accordance with contract/Task Order provisions, this agreement may be formally modified or changed by the Government in those instances in which the courts (e.g., grand jury investigations), statutory requirements (e.g., civil investigative demands), or specific circumstances dictate such a modification or change.

V. Except as specifically authorized by the Contracting Officer, I will not disclose Contractor bid or proposal information or source selection information to any person other than a person authorized, in accordance with applicable agency regulations or procedures, by agency head or the contracting officer to receive such information (FAR 3.104-4).

Signature Date