ATTACHMENT F - NDA.pdf

VERSION 2 1 JULY 2024

NONDISCLOSURE AGREEMENT

Defense Intelligence Agency

[This agreement is to be signed by all contractor employees who in the course of performing contract work for DIA may be disclosed, or have access to, Protected Information and Computer Software as defined below.]

I, ________________________________________, the employee of _______________________________________________understand in the course of my work for the Defense Intelligence Agency (DIA) under Contract Number _____________________ that Protected Information and Computer Software may be disclosed to me and I may otherwise have access to such items on DIA information technology networks or in DIA workspaces. I agree to abide by all terms and obligations contained in this agreement regarding the protection of such items.

1. Definition.

a. Unless specifically excluded by paragraph 1.c, “Protected Information and Computer Software” means all information and computer software, in any form or media, that in the course of performing work for the DIA under various contracts are disclosed to me, or to which I am otherwise given access to, by (i) DIA, (ii) other government agencies, (iii) foreign governments or (iv) other contractors while directly supporting DIA, which is accompanied by written legends identifying use or disclosure restrictions or disclosed under circumstances that I know are subject to use or disclosure restrictions established in writing by the Government.

b. Protected Information and Computer Software includes by way of illustration, but is not limited to:

(i) intelligence products and data marked Limited Distribution (LIMDIS); (ii) information marked For Official Use Only (FOUO); (iii) personnel data protected by the Privacy Act; (iv) data, information and material (including software documentation and computer databases) of a technical, scientific, or government predeliberative nature; (v) contractor proposals, acquisition plans, government cost estimates, draft statements of work, source selection plans, and evaluations of contractor proposals; (vi) financial and management data used for contract award or administration purposes; (vii) test reports; (viii) government requirements documents; (ix) financial statements and reports; (x) manpower reports; (xi) planning, cost and program development documents, resource forecasts, National Intelligence Program/Military Intelligence Program (NIP/MIP) data, Program Objective Memorandums (POM), Program Budget Submissions/Intelligence Program and Budget Submissions (PBS/IPBS), Congressional Budget Justification Books/Congressional Justification Books (CBJB/CJB), President’s Budget Submissions, Program Budget Decisions (PBD), and Five Year Plans; and (xii)computer programs, source code, source code listings, object code listings, design details, algorithms, processes, flow charts, formulae, and related material that would enable the software to be reproduced, recreated, or recompiled.

c. Protected Information and Computer Software does not include information that:

VERSION 2 2 JULY 2024

(1) Has been released to the general public through no action of the undersigned in breach of this agreement or through no action of any other party in breach of any other obligation of confidentiality owing to the Government or the owner of the protected information or computer software;

(2) Has been lawfully obtained by the recipient outside the course of the performance of a government contract;

(3) Has been properly licensed or provided directly by the owner (or other authorized source) of the information or computer software to the recipient to the extent so licensed or provided;

(4) Is owned by the recipient or was developed independently of the disclosure hereunder;

(5) Has been used or disclosed by the recipient in response to an order of a court or administrative body of competent jurisdiction to the extent permitted by that authority; or

(6) Has been disclosed to the recipient by the Government who has explicitly authorized the recipient to use or disclose the information for another purpose, to the extent so authorized.

2. Use and Disclosure Obligations. I will use and disclose Protected Information and Computer Software only as necessary for the performance of the requirements of this contract under which the information or computer software is furnished. I understand Protected Information and Computer Software may not be used or disclosed for any other purpose, including bid or proposal preparation or business marketing, without the written approval of the cognizant government contracting officer.

Furthermore, unless otherwise authorized by the cognizant government contracting officer, I will comply with all restrictions set forth in any legends, licenses or instructions provided to me or accompanying Protected Information and Computer Software or other written directives of my employer or the Government known to me. The use and disclosure obligations imposed by this paragraph shall expire as follows:

a. There shall be no expiration date for the following Protected Information and Computer Software:

(i) technical data or computer software containing Limited Rights, Restricted Rights, Government Purpose Rights, Special License Rights, or Unlimited Rights legends; (ii) information or software marked Limited Distribution (LIMDIS); (iii) information or software marked Source Selection Information; (iv) contract proposal information marked pursuant to FAR 52.215-1(e) limiting its use for proposal evaluation purposes only; (v) information and computer software marked Contractor Proprietary or with a similar legend; (vi) data known by me to be protected by the Privacy Act; and

(vii) information marked For Official Use Only (FOUO).

b. For other information or software accompanied at time of disclosure by a written legend identifying use or disclosure restriction time periods, the expiration date shall be as stated in or derived from the legend.

c. For all other Protected Information and Computer Software, the expiration date shall be 3 years from the date the information or software is first disclosed to me.

VERSION 2 3 JULY 2024

3. Unauthorized Use or Disclosures. I will immediately notify my employer of the circumstances of any unauthorized use or disclosure known to me of Protected Information and Computer Software in violation of the obligations contained in this agreement.

4. Disposition. At the termination of my employment or when I no longer perform contract work for DIA, I agree to immediately return (or destroy if directed by my employer) all Protected Information and Computer Software in my possession. Furthermore, if I am dedicated to support a specific DIA Office or Directorate or DIA program and am reassigned to support another DIA Office or Directorate or DIA program, I will immediately return (or destroy if directed by my employer) all Protected Information or Computer Software in my possession previously furnished by the prior DIA Office or Directorate or DIA program.

5. Duration. The above obligations imposed by this agreement shall survive termination of my employment or the expiration or termination of this contract under which the protected information or computer software was furnished to me.

6. Classified Information. This agreement is in addition to and in no manner abrogates requirements, obligations or remedies regarding the protection of classified information and does not supersede the requirements of any laws, regulations, other directives or nondisclosure agreements regarding classified information.

7. Other Restrictions. This agreement does not abrogate any other obligations currently placed upon me or which may be imposed upon me in the future by my employer, DIA or other entities; or remedies afforded those entities regarding those obligations.

8. 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 or the Office of Special Counsel 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.

9. Copy Provided. I acknowledge I have been provided a copy of this agreement.

Signature Date

Printed Name