Attachment B - NDA - Final.pdf

Attachment B

NONDISCLOSURE AGREEMENT FOR RELEASE OF CFTC’S CENSUS DATA

(Request for Proposals 9523ZY-20-R-0001)

I hereby certify that I am an officer of ________________corporation (“the offeror”), and am authorized to contractually bind the firm. The offeror is considering submitting a proposal in response to Request for Proposals (RFP) ____________. As such, I hereby request a copy of CFTC’s census data (i.e.: sex, birth year, city of duty location, personal zip code, and plan coverage of each participant as of March 2020) referenced in the RFP for this purpose.

Pursuant to the Commodity Exchange Act, as amended (7 U.S.C. § 1, et. seq.) (“the Act”) and the terms and conditions of the RFP, the offeror agrees to only use the CFTC census data for the purpose of preparing a proposal in response to the RFP. The offeror agrees to treat CFTC’s census data as confidential and will not directly or indirectly use or allow access to the CFTC census data for any other purpose. The offeror shall not disclose CFTC census data to third parties unless specifically authorized by the Contracting Officer in writing. In addition, the offeror shall not, either by direct action or by counsel, discussion, recommendation, or suggestion to any third party, reveal the nature or content of the CFTC census data unless specifically authorized by the CFTC Contracting Office in writing. The offeror agrees to only disclose CFTC’s census data within their organization to individuals directly involved in preparing a proposal in response to the RFP. Under no circumstance will the offeror attempt to re-identify individuals using information included in the CFTC’s census data and agrees.

The offeror shall use administrative, technical, and physical security measures to protect CFTC’s census data from unauthorized access, disclosure, and misuse. This includes taking appropriate steps to secure both paper and computer files, locking paper records in cabinets or offices when not in use, only electronically transmitting CFTC’s census data when encrypted, and disposing of paper records by shredding or similar means of secure destruction. In the event of an incident involving the loss, compromise, or unauthorized disclosure, real or potential, of CFTC’s census data, the offeror shall report the incident to the Contracting Officer immediately and no later than one (1) hour upon discovery of the incident. The offeror agrees to cooperate with CFTC personnel in handling any investigation of the incident and mitigating risks of similar future incidents, and will assume all liability resulting from the offeror’s loss, compromise or unauthorized disclosure of CFTC’s census data.

The offeror shall remove and destroy all CFTC census information upon notification of award decision, or notification that the offeror is no longer being considered for award, whichever is earlier. Removing and destroying includes deleting all CFTC census information from the offeror’s systems and/or storage locations and confirming such removal and deletion to the Contracting Officer in writing.

The offeror agrees to continue complying with this nondisclosure agreement after the RFP’s due date for receipt of proposals has passed.

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