AttachmentJ.4ConfidentialityAgreement.doc

DJJR-07-RFP-0462

Professional Assistance Contracts

Attachment J.4

Confidentiality Agreement

1.

I, _______________________, am an employee of ______________________ and have been assigned to work on DOJ Contract _________________. I understand that the work performed under this contract may allow me access to confidential and sensitive litigation case matter information. I understand that law and regulation protect the integrity of information obtained during performance under this contract and that any failure to properly secure and maintain the privacy of such information may violate the law and may subject me to criminal prosecution and penalty or civil liability. I further understand that my use of information, access which is gained because of work on the contract, may be limited by the Privacy Act, 5 U.S.C 552.a; may be confidential pursuant to Section 1905 of Title 18 of the United States Code; may be secret and its dissemination prohibited by the Rule 6 of the Federal Rules of Criminal Procedure, Title 18 of the United States Code; may be limited by an Order of the Court, such as Protective Order; or limited by other statutes, regulations or rules of court.

2.

“Confidential and Sensitive Information", as used herein, includes, but is not limited to: data; trade secrets, confidential or proprietary business information (as defined for government employees in 18 USC 1905); advance procurement information (future requirements, acquisition strategies, statements of work, budget/program/planning data, etc.); information protected by the Privacy Act (social security numbers, home addresses, etc.); sensitive information protected from release under the Freedom of Information Act (pre-decisional deliberations, litigation materials, privileged material, etc.); and information that has not been released to the general public and has not been authorized for such release.

3.

I certify that I have been given a copy of DOJ Contract ______________ and specifically the requirements of Sections H.18. If any potential conflicts of interest, real or otherwise, present themselves, then I shall immediately disclose the pertinent information that may be a potential conflict to the Quality Assurance Manager, his designee, and the cognizant DOJ representative for determination.

4.

In the course of performing under DOJ Contract _______________, I agree to:

a) Use only for Government purposes any and all confidential and sensitive information to which I am given access. I agree not to disclose such sensitive information by any means (in whole or in part, alone or in combination with other information, directly or indirectly or derivatively) to any person except those:

i. who have a DOJ security clearance; and,

ii. who have signed the DOJ Non-Disclosure Agreement for Contractor/Subcontractor Employee; and,

iii. who have a need to know.

b) Share case and/or contract specific information only with those people who have a need to know and that are involved in ensuring that project requirements are met.

c) Not to use such information for any non-governmental purposes, including, but not limited to, the preparation of bids or proposals, or the development or execution of other business or commercial ventures.

d) Store the information in such a manner as to prevent inadvertent disclosure or releases to individuals who have not been authorized access to it.

e) Never make an unauthorized disclosure or use of confidential business information, contractor bid or proposal information, and/or source selection sensitive information unless the Contracting Officer determines that such information is not subject to protection from release.

(f) Only distribute documents in accordance with Sections H.4.5 and H.20 of the contract, and with the concurrence of the Contracting Officer.

5. I understand that the provisions of this Non-Disclosure Agreement are applicable during the entire lifetime of the case(s) I am working on, including the time after my assignment to the case has ended, and the time after my employment with the contractor ( __________ ) has ended.

6. I understand that all materials provided by the Government, including documents, copies thereof, notes or working papers derived or produced therefrom, are the property of the United States. If required to do so by either the Government or the Employer, I will promptly surrender such materials and derived copies, notes and/or working papers which are in his/her custody or control. I understand that failure to surrender such materials promptly, or conversion of such materials to a use not called for or permitted by the contract (e.g. delivery of a document, or copy thereof, or notes containing information taken from the document, to someone not working on this contract), may be a violation of Section 641 of Title 18 of the United States Code (theft of Government property) and may subject him/her to fins (of up to $10,000) and imprisonment

(up to 10 years).

7. The Department of Justice shall be entitled to petition any competent court to enjoin and restrain acts and behavior prohibited by this Agreement and, or in conjunction with, seeking relief under one of the statutes or rules referenced above.

8. In accordance with contract provisions, this Agreement may be formally modified or changed by the

Government in those instances in which the courts (e.g., grand jury investigations), statutory requirements (e.g., civil investigative demands), or specific circumstances dictate such a modification or change. By signing below, I certify that I have read and understand the terms of this Nondisclosure Agreement and agree to be bound by its terms.

TYPE OR PRINT IN INK

FULL NAME __________________________________ DATE____________________

EMPLOYEE SIGNATURE___________________________________________