Attachment B - Contractor Non-Disclosure Agreements (NDA)-REDACTED_Redacted.pdf

DEPARTMENT OF THE ARMY

JOINT PERSONAL EFFECTS DEPOT

122 PURPLE HEART DRIVE

DOVER AIR FORCE BASE, DELAWARE 19902-5051

MEMORANDUM FOR: ALL PERSONNEL SUPPORTING THE JOINT PERSONAL EFFECTS

DEPOT

FROM: JPED -- Final copy will be sent as part of the award unredacted to the Contractor--

SUBJECT: Statement of Non-Disclosure

1. The Joint Personal Effects Depot (JPED) is committed to providing the highest level of dignity, honor and respect for our Nation’s fallen and care, service and support to their families. In order to execute this sacred mission, JPED personnel may have access to highly sensitive information including, but not limited to:

a) Procedures within JPED to care for the remains and personal effects of fallen service members

b) Names and relationships of family members of fallen service members, regardless of mission and their communications with government representatives

c) Various forms of personally identifiable information (PII) such as Security Numbers/ Dates of

Births/ Residential locations/ Medical Information

d) Travel information for service members/ families/ civilian personnel

e) Causes and manners of deaths

f) Conditions of remains

g) Information regarding the Person Eligible to Receive Effects (PERE)

h) Personal photographs/ documents/ letters/ financial information/ valuables belonging to fallen service members

i) Sensitive information, in isolation or combination, which may pose a risk to National Security

j) Personal effects of fallen service members in various stages of condition which may have been caused due to the manner of death

k) Various forms of electronic media which may contain sensitive or classified information

l) Relationships and operating procedures between persons and entities outside of the JPED

2. All personnel working for or with JPED have a duty to safeguard both classified and controlled unclassified information about JPED’s operations and/or specific cases. Such information shall be protected from release to individuals or organizations outside of JPED without an operational need to know.

3. Contract support personnel must obtain written approval to share information within the contractors company if the contractor has multiple government contracts pertaining to personal effects and the mortuary mission.

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4. This policy is punitive. Any unauthorized disclosure of information (including, but not limited to, the sensitive information listed above) by a military member, may be punishable as a violation of the Uniform Code of Military Justice. Any unauthorized disclosure of information (including, but not limited to, the sensitive information above) by a civilian employee, may result in disciplinary action under regulations governing civilian personnel adverse actions. Any unauthorized disclosure of information (including but not limited to, the sensitive information above) by a contracted employee, may result in disciplinary action by the contracted employer or request for removal from the JPED by the government contracted employer.

5. Intending to be legally bound, I hereby accept the obligations contained in this Agreement in consideration of my being granted access to sensitive information. As used in this Agreement, sensitive information is marked or unmarked sensitive information, including oral communications.

6. I understand and accept that by being granted access to sensitive information, special confidence and trust shall be placed in me by the United States Government.

7. I understand that the United States Government may seek any remedy available to it to enforce this Agreement including, but not limited to, application for a court order prohibiting disclosure of information in breach of this Agreement.

8. I have been advised that the unauthorized disclosure, unauthorized retention, or negligent handling of sensitive information by me could cause damage or irreparable injury.

9. I hereby assign to the United States Government all royalties, remunerations, and emoluments that have resulted, will result or may result from any disclosure, publication, or revelation of sensitive information not consistent with the terms of this Agreement.

10. I hereby agree that I will never divulge sensitive information to anyone unless: (a) I have officially verified that the recipient has been properly authorized by the United States Government to receive it;

or (b) I have been given prior written notice of authorization from the United States Government Department or Agency (hereinafter Department or Agency) responsible for the release of information.

11. Unless and until I am released in writing by an authorized representative of the United States Government, I understand that all conditions and obligations imposed upon me by this Agreement apply during the time I am granted access to sensitive information, and always thereafter.

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

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13. These provisions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by existing statute or Executive order relating to (1) classified information, (2) communications to Congress, (3) the reporting to an Inspector General of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, or (4) any other whistleblower protection. The definitions, requirements, obligations, rights, sanctions, and liabilities created by controlling Executive orders and statutory provisions are incorporated into this agreement and are controlling in accordance with 5 USC 2302(c) Prohibited personnel practices.

14. I acknowledge by signing below, any unauthorized disclosure of information (including, but not limited to the sensitive information listed above) by a military member, may be punishable as a violation of the Uniform Code of Military Justice. Any unauthorized disclosure of information (including but not limited the sensitive information listed above) by a civilian employee, may result in disciplinary action under regulations governing civilian personnel adverse actions in accordance with 5 U.S. Code § 2302 Prohibited Personnel Practices.

15. In accordance with ARIMS Records Disposition Schedule (AR 380-5 Army Information Security Program), non-disclosure agreement will be maintained by JPED for 50 years.

16. Questions regarding the release of specific information should be addressed through the COR for the Security Manager/S-2 at JPED.

17. Please acknowledge receipt and understanding by signing below. I acknowledge receipt and understanding of this statement of non-disclosure.

I acknowledge receipt and understanding of this statement of non-disclosure.

(SIGNATURE) (PRINTED NAME) (DATE)

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