DRAFT LOGNET PWS Atch 1 - NDA.pdf

UNCLASSIFIED//FOR OFFICIAL USE ONLY

“Source Selection Information – See FAR 2.101 and 3.104”

NON-DISCLOSURE AGREEMENT

NON-DISCLOSURE AGREEMENT FOR CONTRACTOR

EMPLOYEES SUPPORTING AMC CONTRACTS/TASK ORDERS

NOTE: This Non-Disclosure Agreement is a standard agreement designed for use by Contractor (including sub-Contractor) employees assigned to work on AMC contracts/task orders. Its use is designed to protect non-public Government information from disclosure and prevent violations of federal statutes/regulations. The restrictions contained in this agreement also serve Contractors by promoting compliant behavior that keeps Contractors eligible to compete for Government contracts/task orders. In addition to the potential impact on future business opportunities, failure to abide by this agreement could result in administrative, civil or criminal penalties specified by statute or regulation.

1. I, currently an employee of , hereby agree to the terms and conditions set forth below:

2. I understand that I will have access to confidential business information (as defined by 18 USC 1905), Contractor bid or proposal information (as defined by FAR 3.104-3), and/or source selection sensitive information (as defined by FAR 3.104-3) either for contract/task order performance or as a result of working in a AMC facility or of working near AMC personnel, Contractors, visitors, etc. I fully understand that such information is sensitive and must be protected in accordance with 41 U.S. Code Section 423 and 18 U.S. Code Section 1905 and FAR Part 3. I also certify that I do not have any real or apparent conflicts of interest with respect to the information disclosed. If any potential conflicts of interest, real or otherwise, do present themselves, then I shall immediately disclose the pertinent information that may be a potential conflict to an agency ethics official who shall review the circumstances.

3. In the course of performing under contract/order # or some other contract or subcontract for the AMC, I agree to:

a) Use only for Government purpose any and all confidential business information, Contractor bid or proposal information, and/or source selection sensitive information to which I am given access. I agree not to disclose "non-public 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 to a U.S. Government official with a need to know or to a non-Government person (including, but not limited to, a person in my company, affiliated companies, sub-contractors, etc.) who has a need to know related to the immediate contract/order, has executed a valid form of this non-disclosure agreement, and receives prior clearance by the CO. All distribution of the documents will be controlled with the concurrence of the CO.

b) "Non-public information", as used herein, includes 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.); source selection information (proposal rankings, source selection plans, Contractor bid or proposal information); 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 (as defined for Government employees in 5

CFR 2635.703).

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

4. I understand that I must never make an unauthorized disclosure or use of confidential business information, Contractor bid or proposal information, and/or source selection sensitive information unless:

a) The information has otherwise been made available without restriction to the Government, to a competing Contractor, or to the public;

b) The contracting officer determines that such information is not subject to protection from release.

5. I agree that I shall not seek access to "non-public information" beyond what is required for the performance of the services I am contracted to perform. I agree that when I seek access to such information or attend meetings or communicate with other parties about such information, I will identify myself as a Contractor. Should I become aware of any improper or unintentional release or disclosure of "non-public information", I will immediately report it to the contracting officer in writing. I agree that I will return all forms (including copies or reproduction of original documents) of any "non-public information" provided to me by the Government for use in performing my duties to the control of the Government when my duties no longer require this information.

By signing below, I certify that I have read and understand the terms of this Non- Disclosure Agreement and voluntarily agree to be bound by its terms.

Signature of Employee Date

Printed Employee Name

Government COR Date