Attachment 5 Non Disclosure Agreement.pdf
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- Solicitation number
- 1232SA26Q0450
About this file
This is a Non-Disclosure Agreement template for Contract 1232SA26Q0450, a Penning and Gating project at the National Bio and Agro-Defense Facility (NBAF) in Manhattan, Kansas, issued by the United States Department of Agriculture (USDA) Agricultural Research Service (ARS).
The agreement requires contractors providing proposals or services under this solicitation to maintain strict confidentiality of all non-public, confidential, and proprietary information disclosed by the USDA. Confidential Information is broadly defined to include security practices, operational information, business plans, customer data, designs, drawings, engineering information, hardware configurations, processes, products, research, services, specifications, software, source code, and trade secrets. Contractors must treat all information confidentially and use it solely for developing final designs, schedules, construction services, and contract pricing. Contractors are further obligated to require their employees and agents to execute written confidentiality agreements. All documents containing confidential information must be returned to the USDA upon request. The USDA reserves the right to seek any available remedy for violations, including court orders prohibiting disclosure and disqualification from the solicitation and contracting process. Violations may subject the contractor, its employees, and agents to administrative, civil, or criminal action. The agreement requires signature by the contractor's authorized representative, with fields for the contractor name, signature, date, and signatory authority designation.
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Text version
CONTRACT
1232SA26Q0450 Penning and Gating National Bio and Agro-Defense Facility, Manhattan, Kansas
NON-DISCLOSURE AGREEMENT
This Non-Disclosure Agreement (this "Agreement"), dated as of ______________ , is made by and between______________________________________________________________________ (the "Contractor") and The United States Department of Agriculture (USDA), Agricultural Research Service (ARS). The Contractor is providing a proposal/services under a solicitation/task order, issued under the subject contract noted above, for the National Bio and Agro-Defense Facility (NBAF), Manhattan, KS. As the contracting officer for the USDA, the ARS agrees to make available to the Contractor certain non-public, confidential and proprietary documents required for this requirement.
"Confidential Information" means any information disclosed to the Contractor by the USDA, including, but not limited to: (a) security practices, operational information, business plans, customer data, customer lists, customer names, designs, documents, drawings, engineering information, hardware configuration information, processes, products, product plans, research, services, specifications, software, source code and trade secrets; and (b) any other information designated (orally or in writing) protected or of such nature that a reasonable person would understand such information to be confidential to the USDA.
The Contractor agrees that hereafter it shall (i) treat all information confidentially, and (ii) use the information solely for the purpose of providing a final design, schedule, construction service, and/or contract pricing.
The Contractor further agrees to require each of its employees and agents to sign a form that would bind them in writing to protect the confidentiality of such information. All documents containing confidential information and all copies thereof shall be promptly returned to the USDA upon the USDA's request.
The Contractor understands that the USDA may seek any remedy available to it to ensure compliance with this Agreement, including, but not limited to, application for a court order prohibiting the disclosure of information and/or disqualification from the solicitation and contracting process. The Contractor agrees that if the terms and conditions of this Agreement are violated, the Contractor and its employees and agents may be subject to administrative, civil or criminal action.
CONTRACTOR NAME: ____________________________________
CONTRACTOR SIGNATURE: __________________________________
CONTRACTOR DATE: __________________________
Signatory Authority (Company Representative): __________________________________
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