Attachment 8 NON-DISCLOSURE AGREEMENT - CORPORATE.pdf

ATTACHMENT 8:

NON-DISCLOSURE AGREEMENT – CORPORATE

Contract No. N32205-XX-X-XXXX

In providing services to Military Sealift Command under Contract No. N32205-XX-X-XXXX, TBD understands that it may have access to sensitive United States Government information. TBD agrees to use such information for authorized purposes only. TBD understands that the unauthorized release of such information would be injurious to the interests of the United States. Additionally, TBD understands that access to this information is a privilege granted under Contract No. N32205-XX-X-XXXX and that this access may be withdrawn at any time. Violation of the terms of this Agreement may constitute a breach of said Contract. Furthermore, the unauthorized release of the information described above may subject TBD and its officers to criminal and civil penalties.

In light of the foregoing, TBD understands the need to safeguard any and all sensitive information to which it or its employees will have access, authorized or otherwise, in support of Contract No. N32205-XX-X-XXXX. TBD agrees to protect the confidentiality of all such information of which it has knowledge or possession. TBD will not divulge, discuss or otherwise reveal sensitive information to any other entity, private or Governmental, not authorized access to such information without the express written approval of the

Contracting Officer.

TBD understands that it may have access to proprietary and source sensitive information. TBD fully understands that such information must be protected in accordance with 41 U.S.C. Section 423 and 18 U.S. Code Section 1905. TBD agrees:

a. To use any and all proprietary information to which it is given access ONLY for Government purposes under the referenced contract. TBD will not share the information with others unless it has received prior clearance from the

Contracting Officer.

b. Not to use such information for any non-contractual purposes, including but not limited to, the preparation of bids or proposals, or the development or execution of other business or commercial ventures.

c. To store the information in such a manner as to prevent inadvertent disclosure or release to individuals who have not been authorized access to it.

In the event that TBD releases any of the information described above or becomes aware that such information has been released, TBD agrees to so notify the Contracting Officer as soon as practicable. The notification shall describe the circumstances and content of the release. TBD also agrees to provide similar notification should any unauthorized Governmental entity, business organization, or individual person request any of the information described above.

TBD understands that the terms of this Agreement shall not apply to information publicly disclosed by Military Sealift Command, information available to the general public through independent sources, information previously known to it, the release of which is not otherwise restricted, or information required to be publicly disclosed by law or a court of competent jurisdiction.

TBD agrees that this obligation shall continue both during the period of its services and thereafter.

At the expiration of the contract, TBD either will:

a. Return all sensitive information to the source that provided it or

b. If authorized by the information’s source, certify in writing to the Contracting Officer within 30 days of the expiration of the contract that all unreturned sensitive information has been destroyed, including any material stored in archival files and computer backup files or any other electronic files.

Each term of this Agreement is severable. If a court should find any provision of this Agreement to be unenforceable, all other terms shall remain in full force and effect.

By my signature, below, I certify that I am authorized to enter the foregoing Agreement on behalf of TBD and that said Agreement is binding upon the same.

Signature:

Printed Name:

Title:

Date: