Attachment J - Confidentiality and Non-Disclosure Agreement.pdf
PDF 102 KB Posted
- Solicitation number
- ITN-17169
- Issued by
- Palm Beach County, Florida
About this file
This is a Confidentiality and Non-Disclosure Agreement issued by the Florida Department of Corrections (FDC) in connection with Invitation to Negotiate (ITN) FDC-ITN-27-023 for the operation and management of the South Bay Correctional Facility. The agreement establishes the terms under which bidders may access and review restricted information provided by FDC during the procurement process. Bidders agree to hold all disclosed information in confidence and may only use it for evaluation and review purposes in relation to this procurement. The restricted information may not be possessed, used, or disclosed except under specified exceptions, including information already in the public domain, information properly known to the bidder prior to disclosure, or information properly disclosed by another party without restriction. Bidders are prohibited from reverse engineering or attempting to derive the composition or underlying information of any restricted materials.
The agreement imposes specific obligations on bidders, including the requirement to promptly return all restricted information and copies upon request or if the business relationship does not proceed. Bidders must immediately notify FDC of any unauthorized release of restricted information. The agreement remains in effect indefinitely with respect to particular restricted information until it falls within one of the stated exceptions. FDC reserves the right to seek equitable relief and recover attorneys' fees and costs from the prevailing party in any dispute. The agreement is governed by Florida law and may only be modified or waived in writing. Prospective vendors must acknowledge and sign the agreement before proceeding with their response to the ITN.
View the file
Other files
Show all 25
On GovTribe
Work with this file
- Download the original file
- Contacts named in this file
- Similar government files
- Ask GovTribe AI about this file
Text version
ATTACHMENT J
CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT
FDC-ITN-27-023
Operation and Management of Contractor-Operated Correctional Facilities
In connection with ITN-27-023 Operation and Management of Contractor Operated Correctional Facilities – South Bay Correctional Facility, the Florida Department of Corrections (“FDC”) is disclosing to your business information, procedures, technical information, and/or ideas identified as “Restricted”.
In consideration of any disclosure and any restricted information provided by FDC, you agree as follows:
1. You will hold in confidence and not possess or use (except to evaluate and review in relation to the procurement) or disclose any Restricted information except information you can document (a) is in the public domain through no fault of yours, (b) was properly known to you, without restriction, prior to disclosure by FDC, or (c) was properly disclosed to you by another person without restriction, and you will not reverse engineer or attempt to derive the composition or underlying information, structure or ideas of any Restricted information.
The foregoing does not grant you a license in or to any of the Restricted information.
2. If you decide not to proceed with the proposed business relationship or if asked by FDC, you will promptly return all Restricted information and all copies, extracts, and other objects or items in which it may be contained or embodied.
3. You will promptly notify FDC of any unauthorized release of Restricted information.
4. You understand that this statement does not obligate FDC to disclose any information or negotiate or enter into any agreement or relationship.
5. You acknowledge and agree that due to the unique nature of the restricted information, any breach of this agreement would cause irreparable harm to FDC for which damages are not an adequate remedy and that the FDC shall therefore be entitled to equitable relief in addition to all other remedies available at law.
6. The terms of this Agreement will remain in effect with respect to any particular restricted information until you can document that it falls into one of the exceptions stated in Paragraph 1 above.
7. This Agreement is governed by the laws of the State of Florida and may be modified or waived only in writing. If any provision is found to be unenforceable, such provision will be limited or deleted to the minimum extent necessary so that the remaining terms remain in full force and effect. The prevailing party in any dispute or legal action regarding the subject matter of this Agreement shall be entitled to recover attorneys’ fees and costs.
Acknowledged and agreed on , 2024
By:
(Signature)
Name:
Company Name:
Title:
File details come from the government source that posted it. Updated .