Attachment_B_-_NDA.pdf

CFHRB-15-SO-0132 Attachment B

NONDISCLOSURE AGREEMENT FOR RELEASE OF CFTC’S CENSUS DATA

(Request for Proposals CFHRB-15-SO-0132)

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) CFHRB-15-SO-0132. As such, I hereby request a copy of CFTC’s census data referenced in the RFP for this purpose.

The offeror agrees to treat CFTC’s census data as confidential and will not appropriate such information to its own use or disclose such information to third parties unless specifically authorized by the Contracting Officer in writing.

Pursuant to the Commodity Exchange Act, as amended (7 U.S.C. δ 1, et. seq.) (“the Act”), other laws and the terms and conditions of RFP CFHRB-15-SO-0132, the offeror agrees to only use the CFTC census data for the purpose of preparing a proposal in response to the RFP, and agrees to not directly or indirectly use or allow access to the CFTC census data for any other purpose. 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. The offeror agrees to take appropriate steps to secure both paper and computer files and access to same to protect CFTC’s census data, lock paper records in cabinets or offices when not in use, only electronically transmit CFTC’s census data in encrypted form, and dispose of paper records by shredding or similar means of secure destruction. The offeror acknowledges that it has been warned that willful violations of the Act, including violations of the Act’s confidentiality provisions, are punishable by a fine of not more than $1 million or imprisonment for not more than 10 years, or both (7. U.S.C. 13 (a) (5)).

The offeror shall comply with the Privacy Act of 1974, 5 U.S.C. § 552a, the Federal Information Security Management Act (“FISMA”), 44 U.S.C. §§ 3541 et seq., the Procurement Integrity Act, 41 U.S.C. § 423 as amended, and related regulations, and shall use administrative, technical and physical security measures to protect CFTC’s census data from unauthorized access, disclosure and misuse.

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 when no longer needed for the purpose of submitting a response to RFP CFHRB-15-SO-0132, and shall delete all CFTC census information from the offeror’s systems and/or storage locations and confirm 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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