DOCUMENT SECURITY NOTICE.docx

DOCUMENT SECURITY NOTICE

(See paragraph 9, titled, “Non-Dissemination of Contract Documents,” under section, General Terms and Conditions)

AGREEMENT TO SAFEGUARD BUILDING DOCUMENTS

BEFORE RELEASING THE SPECIFICATIONS AND/OR DRAWINGS, THE DISSEMINATOR PARTY MUST OBTAIN A WRITTEN AGREEMENT WITH THE RECIPIENT PARTY. COMPLETE SECTIONS A, D, & E.

This solicitation/contract includes Sensitive But Unclassified (SBU) building information. SBU documents (specifications and/or drawings) provided herein are intended for use by authorized users only. In support of this requirement, the General Services Administration (GSA) requires offerors/contractors at all tier levels to exercise “reasonable care” when handling documents relating to SBU building information.

Those who disseminate SBU building information must FIRST require a signed “Document Security Notice” from those who will receive the information. This document is a flow-down agreement and, therefore, it shall be completed at all tier levels in the bidding/contracting process.

SECTION A

TO BE COMPLETED BY THE “DISSEMINATOR” PARTY

(Party releasing building information)

NAME OF DISSEMINATOR PARTY (Prime Contractor) (party releasing the building documents)

NAME OF RECIPIENT PARTY (Subcontractor) (party receiving the building documents)

This is an agreement between the following disseminator and recipient parties (check one):

√ Offeror/prospective offeror/contractor on the Government prime contract and actual or prospective first-tier subcontractor/supplier/consultant.

_____ Actual or prospective first- or higher-tier subcontractor/supplier/consultant and actual or prospective second- or higher-tier subcontractor/supplier/consultant.

_____ Other (specify) ________________________________________________________

SECTION B

INSTRUCTIONS TO THE “DISSEMINATOR” PARTY:

I. BEFORE RELEASING BUILDING DOCUMENTS (SPECIFICATIONS/DRAWINGS) TO A RECIPIENT PARTY, THE DISSEMINATOR PARTY SHALL:

1. Provide a “Document Security Notice” to the recipient party with Section A completed. The recipient party shall complete Section D and provide a copy of its business license.

2. Verify the information provided in Section D, and complete Section E.

3. Verify the identity of anyone coming in person to pick up the building documents on the recipient party’s behalf, by looking at his/her driver’s license or other official picture ID. Make sure he/she is an authorized representative of the recipient party. Annotate in Section E.

II. Once approved, provide blank “Document Security Notices” to the recipient party. The recipient party may, in turn, become a disseminator party (e.g., first-tier sub is “recipient” of documents from prime contractor but “disseminator” of documents to second-tier sub) and shall follow the same instructions described above before releasing building documents to a next-lower-tier recipient party. This agreement shall flow down to all tier levels in the bidding/contracting process.

SPECIAL INSTRUCTIONS FOR UNSUCCESSFUL OFFERORS

ON THE GOVERNMENT PRIME CONTRACT:

I. Immediately upon learning that your firm is unsuccessful (or otherwise ineligible for award), destroy all building documents and instruct all recipient parties at all tier levels to do the same.

II. Collect “Document Security Notices” from all recipient parties at all tier levels and furnish to the GSA Contracting Officer.

SPECIAL INSTRUCTIONS FOR GOVERNMENT PRIME CONTRACTOR:

I. Immediately upon completion of the Government prime contract, destroy all building documents, except for your firm’s record copy, and instruct all recipient parties at all tier levels to do the same. These include recipient parties both pre- and post-award of the Government prime contract.

II. Collect “Document Security Notices” from all recipient parties at all tier levels and furnish to the GSA Contracting Officer. These include recipient parties both pre- and post-award of the Government prime contract.

III. Include with your final Release of Claims a written statement certifying that the contractor and all subcontractors, suppliers, consultants, etc., have properly disposed of building documents (with the exception of the contractor’s record copy). This certification is necessary in order to receive final payment under the contract.

SECTION C

ENSURING THE EXERCISE OF “REASONABLE CARE”

TO PROTECT BUILDING DOCUMENTS:

1. Limiting dissemination to authorized users. Dissemination of information shall only be made upon determination that the recipient is authorized to receive it. The criterion to determine authorization is need-to-know. Those with a need-to-know are those who are specifically granted access for the conduct of business on behalf of or with GSA. This includes all persons or firms necessary to do work at the request of the Government, such as architects and engineers, consultants, contractors, sub-contractors, suppliers, and others that the contractor deems necessary in order to submit an offer/bid or to complete the work or contract, as well as maintenance and repair contractors and equipment service contractors.

Note: It is the responsibility of the person or firm disseminating the information to assure that the recipient is an authorized user and to keep records of recipients.

AUTHORIZED USERS SHALL PROVIDE IDENTIFICATION AS SET FORTH BELOW:

Valid identification for non-Government users. Authorized non-Government users shall provide valid identification to receive SBU building information. The identification shall be presented and verified for each dissemination. Valid identification shall be all items (a) through (c), below, and including item (d), as necessary:

(a) A copy of a valid business license or other documentation granted by the state or local jurisdiction to conduct business. The license at a minimum shall provide the name, address, phone number of the company, state of incorporation, and the name of the individual legally authorized to act for the company. The business must be of the type required to do the work. A general contractor's license may be substituted for the business license in states that issue such licenses. In the rare cases where a business license is not available from the jurisdiction, the information shall be provided and testified to by the submitter; and

(b) Verification of a valid DUNS Number against the company name listed on the business license or certification. Verification may be obtained through http://smallbusiness.dnb.com, or by calling Dun & Bradstreet at 1-800-333-0505 to set up an account; and

(c) A Valid IRS Tax ID Number of the company requesting the information; and, as necessary,

(d) A Valid picture state driver's license shall be required of person(s) picking up SBU documents. Phone verification must be made to a previously validated authorized user that the individual(s) picking up the documentation is authorized to do so by the company obtaining the documents. SBU documents will not be released to any individual or firm who has not, either previously or at the time of pickup, supplied the required documentation as outlined in paragraphs (a) through (c), above.

2. Retaining and destroying documents. The efforts required above shall continue throughout the entire term of the contract and for whatever specific time thereafter as may be necessary. Necessary record copies for legal purposes (such as those retained by the architect, engineer, or contractor) must be safeguarded against unauthorized use for the term of retention. Documents no longer needed shall be destroyed (such as after contract award, after completion of any appeals process or completion of the work). Destruction shall be done by burning or shredding hardcopy, and/or physically destroying CD's, deleting and removing files from the electronic recycling bins, and removing material from computer hard drives using a permanent erase utility or similar software.

3. Term of effectiveness. The efforts required above shall continue throughout the entire term of contract and for what specific time thereafter as may be necessary, as determined by the Government. Necessary record copies for legal purposes (such as those retained by the architect, engineer, or contractor) must be safeguarded against unauthorized use for the term of retention.

4. Written agreement of disposal. For all contracts using SBU building information, the contractor shall provide a written statement that he and his subcontractors have properly disposed of the SBU building documents, with the exception of the contractor's record copy, at the time of Release of Claims to obtain final payment. Documents no longer needed shall be destroyed (such as after contract award, after completion of any appeals process or completion of the work). Destruction shall be done by burning or shredding hardcopy, and/or physically destroying CDs, deleting and removing files from the electronic recycling bins, and removing material from computer hard drives using a permanent erase utility or similar software.

The recipient acknowledges the requirement to use “reasonable care,” as outlined above, to safeguard the documents and, if not awarded the contract (and at the completion of any protest/appeal process), will make every reasonable and prudent effort to destroy or render useless all SBU information received during the solicitation.

COMPLETE SECTIONS D AND E ON THE NEXT PAGE.

SECTION D

TO BE COMPLETED BY THE “RECIPIENT” PARTY

(Party receiving building information)

I agree that I will abide by this agreement and will only disseminate Sensitive But Unclassified (SBU) building information to other authorized users under the conditions set forth above.

Signature:___________________________________________________Date:_____________

Print Name and Title:___________________________________________________________

Firm:________________________________________________________________________

DUNS Number:_______________________ IRS Tax ID Number________________________

ATTACH A COPY OF YOUR FIRM’S BUSINESS LICENSE OR ARTICLES OF INCORPORATION.

SECTION E

TO BE COMPLETED BY THE “DISSEMINATOR” PARTY

(Party releasing building information)

CHECK AS APPROPRIATE (AFTER SECTION D HAS BEEN COMPLETED):

YES NO

Tax ID Number of recipient party was provided

DUNS Number of recipient party was provided and was verified to be valid (go to http://smallbusiness.dnb.com/; under ‘DUNS Center,’ click ‘Search for D&B DUNS;’ under ‘Search by D&B DUNS number,’ enter DUNS number; click ‘Search’ or call 1-800-333--0505)

Copy of valid business license or certificate/articles of incorporation for recipient party was provided

YES NO N/A

(If building documents are to be picked up in person) Verified his/her identity using an official picture ID and that he/she is an authorized representative of the recipient party

I authorize releasing the subject building documents to the above-named recipient party.

Signature:__________________________________________________Date:______________

DO NOT RELEASE BUILDING DOCUMENTS IF ‘NO’ IS CHECKED FOR ANY CATEGORY.