Attachment 8 Non Disclosure Agreement.pdf

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Attached to
Electrical Gear and Transformer Maintenance, National Bio and Agro-Defense Facility, Manhattan, Kansas
Solicitation number
1232SA26Q0742
Issued by

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. The agreement is between the United States Department of Agriculture (USDA), Agricultural Research Service (ARS), and contractors providing proposals or services under the solicitation or task order.

The contractor agrees to treat all disclosed information confidentially and use it solely for purposes of providing final design, schedule, construction service, and/or contract pricing. Confidential information encompasses security practices, operational information, business plans, customer data, designs, drawings, engineering information, hardware configuration information, processes, products, research, services, specifications, software, source code, and trade secrets. The contractor must require all employees and agents to sign written agreements binding them to protect confidentiality and must promptly return all documents containing confidential information upon request by the USDA. The agreement authorizes the USDA to seek any available remedy for compliance violations, including court orders prohibiting disclosure and disqualification from the solicitation and contracting process. Violations may result in administrative, civil, or criminal action against the contractor and its employees and agents. The document requires signature by the contractor representative with date and company signatory authority identification.

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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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