ATTACHMENT 6 - Confidentiality and Non Disclosure Agreement.pdf

PDF 79 KB Posted

Attached to
RFP C5612999
Solicitation number
C5612999
Issued by
California

About this file

This is a Confidentiality and Non-Disclosure Agreement (NDA) template for RFP C5612999, an IP Mail Scanning Solution procurement by the State of California. The agreement establishes the legal framework governing the protection of confidential and proprietary information exchanged between the State and bidders during the solicitation process. The NDA applies to all parties involved in the proposal submission and evaluation, requiring signatories to maintain strict confidentiality regarding sensitive information disclosed by either party, including technical specifications, pricing details, business strategies, and any other proprietary data related to the IP Mail Scanning Solution project. The agreement outlines the obligations of recipients to limit access to confidential information to authorized personnel with a legitimate need to know, and to implement reasonable security measures to prevent unauthorized disclosure or use of such information.

The NDA specifies that confidentiality obligations survive the conclusion of the procurement process and continue for a defined period, protecting both the State's procurement interests and the bidders' competitive information. The agreement typically includes standard provisions regarding the return or destruction of confidential materials upon request, carve-outs for information already in the public domain or legally required to be disclosed, and remedies for breach including injunctive relief. This document serves as a binding commitment from all participants to maintain the integrity and confidentiality of the procurement process for the IP Mail Scanning Solution project.

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Incarcerated Persons Mail Scanning RFP# C5612999 California Department of Corrections and Rehabilitation Attachment 6

ATTACHMENT 6

CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT

I certify that I shall hold in confidence all discussions, bids, proposals, correspondence, memoranda, working papers, procurement of goods and services, or any other information on any media, which has any bearing on or discloses any aspect of projects within the California Department of Corrections and Rehabilitation’s (CDCR) Business Information System (BIS) Project. Based on my involvement with BIS, where applicable, I certify that I have no personal or financial interest and no present employment or activity, which would be incompatible with my participation in the discussions, review and or participation in the procurement process for this procurement and any related procurement thereof.

For the duration of my involvement in this Project, I agree not to accept any gift, benefit, gratuity or consideration, or begin a personal or financial interest in a party who is offering, or associated with a business, on the Project.

At all times during and after the process by which the CDCR procures Contractor’s services, CDCR’s employees, CDCR’s prospective bidders, and/or CDCR’s Vendors shall keep confidential, and shall not disclose to any third party or use, such confidential information, except in the course of their employment by or contractual relationship with the Department, and for the benefit of CDCR. The parties shall protect CDCR’s confidential information using the same degree of care, but no less than a reasonable degree of care, as such party uses to protect his/her/its own confidential information. The parties shall carefully restrict access to CDCR’s confidential information, and they may disclose it only to their employees, contractors, and/or other State agencies that have a need to know it and are bound by obligations of confidentiality.

I understand that consultants can be categorized as a public official for purposes of adherence to Conflict of Interest laws and the filing of a Statement of Economic Interests (Form 700). I certify that I have read and understand Conflict of Interest provisions identified in the online document “Ethics Orientation for State Officials” sponsored by the State of California Department of Justice, Office of the Attorney General and the Fair Political Practices Commission .

I certify that I will keep confidential and secure and will not copy, give or otherwise disclose to any other party who has not signed a copy of this confidentiality agreement, all information concerning the planning, processes, development or procedures of the Project and all bids, proposals, correspondence, etc. which I learn in the course of my duties on the Project. I understand that the information to be kept confidential includes, but is not limited to, specifications, administrative requirements, terms and conditions, any aspect of any supplier’s response or potential response to the solicitation, and includes concepts and discussions as well as written or electronic materials. I understand that if I leave this Project before it ends, I must still keep all Project information https://fppc.ca.gov/content/fppc-v2/fppc-www/learn/public-officials-and-employees-rules-/ethics-training.html https://fppc.ca.gov/content/fppc-v2/fppc-www/learn/public-officials-and-employees-rules-/ethics-training.html

Incarcerated Persons Mail Scanning RFP# C5612999 California Department of Corrections and Rehabilitation Attachment 6 confidential. I understand that following completion of this project that I must still maintain confidentiality should the Project and/or my organization be subject to follow-on contracting criteria per Public Contract Code §10365.5. I agree to follow any instructions provided related to the Project regarding the confidentiality of Project information.

I fully understand that any unauthorized disclosure I make may be a basis for civil or criminal penalties and/or contract termination. I agree to advise the CDCR IT Acquisitions Unit, immediately in the event that I either learn or have reason to believe that any person who has access to Project confidential information has or intends to disclose that information in violation of this agreement. I also agree that any questions or inquiries from bidders, potential bidders or third parties shall not be answered by me and that I will direct them to the CDCR’s IT Acquisitions Unit.

Date:________________

Signature:_______________________________________________

Printed Name:____________________________________________

Title____________________________________________________

Organization:_______________________________________________________

Telephone #:____________________ Fax #:________________________

Email :____________________________________________________________

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