ND_form_Attach1.docx

AGREEMENT REGARDING

NON-DISCLOSURE OF INFORMATION

For Project: FLIGHT TESTING Contract Number: DTFACT-17-R-00028

I , am an employee of _______________ and will be involved in the above Screening Information Request (SIR) activities pertaining to the subject procurement. I will have knowledge of and access to confidential and proprietary procurement information and data concerning the selection process such as, procurement strategy, offerors’ proposals, results of evaluations, and the final selection actions. The purpose of this Agreement is to ensure that no information of a commercially sensitive or source selection sensitive nature, which is obtained by virtue of participation on the procurement team, is disclosed by members of the team to other persons, companies or organizations; and that such information is not used by other persons, companies or organizations to obtain an unfair advantage.

NON-DISCLOSURE OF INFORMATION

As a member of the procurement team for the subject procurement, I, the undersigned agree that I will not disclose to any person, company or organization not participating on the procurement team any information learned by me as a result of my participation on that procurement team, the disclosure of which might, directly or indirectly, afford some person, company or organization an unfair competitive advantage. Such information shall include, but not be limited to, information regarding discussions, and plans or decisions by procurement team members relating to the acquisition. In addition, I will not disclose any information that pertains to internal agency communications regarding the acquisition, such as, but not limited to, acquisition plans, budgeting information, source selection plans, source selection evaluation memoranda or reports, technical analyses and recommendations, unless such release of information is authorized by appropriate agency officials.

I am aware of and will abide by the requirements of 18 U.S.C. 1905, which states: "Whoever, being an officer or employee of the United States or of any department or agency thereof, any person acting on behalf of the Federal Housing Finance Agency, or agent of the Department of Justice as defined in the Antitrust Civil Process Act (15 U.S.C. 1311–1314), or being an employee of a private sector organization who is or was assigned to an agency under chapter 37 of title 5, publishes, divulges, discloses, or makes known in any manner or to any extent not authorized by law any information coming to him in the course of his employment or official duties or by reason of any examination or investigation made by, or return, report or record made to or filed with, such department or agency or officer or employee thereof, which information concerns or relates to the trade secrets, processes, operations, style of work, or apparatus, or to the identity, confidential statistical data, amount or source of any income, profits, losses, or expenditures of any person, firm, partnership, corporation, or association; or permits any income return or copy thereof or any book containing any abstract or particulars thereof to be seen or examined by any person except as provided by law; shall be fined under this title, or imprisoned not more than one year, or both; and shall be removed from office or employment."

The non-disclosure provisions contained herein are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by existing statute or Executive order relating to (1) classified information, (2) communications to Congress, (3) the reporting to an Inspector General of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, or (4) any other whistleblower protection. The definitions, requirements, obligations, rights, sanctions, and liabilities created by controlling Executive orders and statutory provisions are incorporated into this agreement and are controlling.

These provisions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by existing statute or Executive order relating to

(1) classified information, (2) communications to Congress, (3) the reporting to an Inspector General of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, or (4) any other whistleblower protection. The definitions, requirements, obligations, rights, sanctions, and liabilities created by controlling Executive orders and statutory provisions are incorporated into this agreement and are controlling.