Attachment 25(a) - Nondisclosure Agreement.pdf

A TRADITION OF SERVICE TO THE FEDERAL JUDICIARY

Nondisclosure and Use of Information Agreement

This Nondisclosure and Use of Information Agreement (the Agreement) is entered by and between the Administrative Office of the U.S. Courts (the AOUSC) and __________________________________________ (the Recipient), as an employee of _________________________________(the Vendor), providing a proposal in response to solicitation number USCA24R0030. The Contracting Officer’s Representative for the solicitation is Jae Daniel.

To formulate a proposal or facilitate the Recipient’s performance under a future contract, the AOUSC may need to disclose judiciary non-public information. This information is sensitive, and unauthorized disclosure could result in damages or irreparable injury to the federal judiciary.

Therefore, the Recipient is required to sign this Agreement and agree to the following terms before gaining access to the judiciary non-public information:

a) “Judiciary non-public information” includes material and information provided to Recipient by the AOUSC (whether the AOUSC received such non-public Information from a submitter or generated the materials and information internally), obtained by the Recipient pursuant to the Recipient’s proposal formulation, or future work for the AOUSC, and produced by Recipient pursuant to work under a future contract with AOUSC. It includes materials and information in any form, including electronic, and on any media now known or created in the future. To the extent practicable, the AOUSC will mark Non-public Information with “Non-public”, “government purpose only;” “procurement sensitive;” or other legends to alert Recipient of the nature of the judiciary non-public information.

b) Judiciary non-public information made available to the Recipient as part of its formulation of a proposal or performance under a future Contract shall be used only for those purposes and shall not be used in any other way without the written agreement of the Contracting Officer’s Representative.

c) To the extent the information is otherwise publicly available, it is public information and is not restricted by operation of this Agreement. However, if public information is provided to the Recipient in a media, format, or otherwise in a manner in which it is not available the public, such information may not be used for any other purpose by the Recipient except with the written permission of the Contracting Officer’s Representative.

Nondisclosure and Use of Information Agreement

If the Recipient is uncertain about the availability or proposed use of information provided to formulate a proposal or in a future contract, the Recipient shall consult with the Contracting Officer’s Representative regarding use of that information for other purposes.

d) The Recipient agrees to assume responsibility for protecting the confidentiality of judiciary non-public information. Such information may be disclosed only for the purpose and to the extent authorized herein, and further disclosure of any such information for a purpose or to an extent not so authorized may subject the person(s) responsible to criminal sanctions imposed by 18 U.S.C. § 641.

e) Formulating a proposal or performance of a Contract in the future may make the Recipient privy to data and information, proprietary to the judiciary or to another judiciary Contractor, which is of such a nature that its dissemination or use, other than in performance of the contract, would be adverse to the interests of the judiciary and/or others.

f) The Recipient shall not disclose judiciary non-public information developed or obtained during the formulation of a proposal or performance of the Contract until made public by the judiciary, except as authorized by the Contracting Officer’s Representative. Recipient shall not use, disclose, or reproduce proprietary data which bears a restrictive legend, other than as required in the performance of the Contract.

g) Recipient shall immediately notify AOUSC upon discovery of any unauthorized use or disclosure of judiciary non-public information entrusted to the Recipient or under the Recipient's care. Recipient shall also co-operate with the AOUSC in every reasonable way to help the AOUSC regain possession of the Non-public Information and prevent its further unauthorized use.

h) At the conclusion of proposal formulation or the recipient’s work for AOUSC under a future Contract, the Recipient shall return to the AOUSC (or destroy, at the request of the Contracting Officer’s Representative) all judiciary non-public Information.

i) This Agreement shall be governed and construed under United States federal law.

Recipient understands that misuse of AOUSC non-public Information may result in termination for cause of the Vendor’s future contract with AOUSC and, in addition, Recipient may be subject to civil and criminal penalties.

Recipient’s Printed Name Recipient’s Signature