Att_4_non-disclosure.docx

Attachment 4

Nondisclosure Agreement between the Department of Housing and Urban Development (“HUD”) and External Party Granting Conditional Access to Controlled Unclassified Information (“Nondisclosure Agreement”)

Reference Solicitation Number: ____________________________________

Offeror Name [company]: _________________________________________ (“Offeror”)

I, ____________________________, [print name] understand that for the purpose of the preparation of an offer in response to the above referenced solicitation solely on behalf of the above named Offeror, and not as an agent or representative of any other party, I may be granted access to controlled unclassified information (“CUI”), and hereby consent to this agreement as a condition to such access.

I also understand that:

· “Preparation of an offer,” as used in this agreement, may include: the preparation, in whole or in part, of an initial offer; consultation with or other contribution to the preparer(s) of such offer; discussions and negotiations concerning the offer after its submission; and preparation of, consultation on, and discussions and negotiations concerning, revisions to the initial offer.

· CUI is any information which the loss, misuse, or modification of, or unauthorized access to, could adversely affect the national interest or the conduct of federal programs or the privacy to which individuals are entitled under section 552a of title 5, United States Code (the Privacy Act), but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense or foreign policy.

· CUI is not available to the general public.

· CUI may include:

· Government acquisition-sensitive information, including “source selection information” as defined at section 2.101 of the Federal Acquisition Regulation (48 CFR Chapter 1), contractor bid or proposal information, information contained in individual contracts that is not public information, and such contract information that is contained in Government databases;

· Proprietary economic, financial, or business information (e.g., salary information) provided to the Government by other parties (e.g., other contractors) or belonging to HUD;

· Personally identifiable information (PII) that includes, but is not limited to, social security numbers, names, dates of birth, places of birth, parents’ names, credit card numbers, applications for entitlements, and information relating to a person’s private financial, income, employment, and tax records; and

· Any other information that the HUD contracting officer or other authorized HUD employee explicitly identifies as CUI.

· CUI may exist in different physical media (e.g., paper, electronic file, audio or video disc) or be communicated orally, may be developed under or pre-exist a contract, and may be in its original form or a derivative form (i.e., where the information has been included in contractor-generated work, or where it is discernible from materials incorporating or based upon such information).

· Any unauthorized use, release, or disclosure on my part of CUI in violation of this agreement may result in the disqualification of the above named offeror from consideration of award with respect to the above solicitation, and may subject me and/or my employer to administrative, civil, or criminal remedies as may be authorized by law.

Therefore, I agree that:

· I will use CUI to which I have been granted access only for official purposes in the preparation of an offer, as described above, in response to the above referenced solicitation.

· Except as expressly authorized by the HUD contracting officer, I will not disclose, publish, divulge, release, or make known in any manner or to any extent, to any individual, including employees of my company or any other contractor employee(s), any CUI, including such CUI that in the future may be made part of the public domain.

· I will not seek access to any CUI that has not been provided to me or to which I am not authorized to have access.

· I will take all reasonable precautions to prevent the unauthorized use, release, and disclosure of CUI to which I have been granted access.

· I will immediately notify my superiors and the HUD contracting officer of any unauthorized use, release, or disclosure of CUI of which I become aware.

· Upon the completion of my involvement in the preparation of an offer in response to the above referenced solicitation, I will surrender and return all physical media provided to me, or which I have created (including personal documentation, e.g., notes) during the period of my conditional access permitted by this agreement, that contain CUI in accordance with the direction provided to me by my company or the HUD contracting officer.

· Unless and until I am provided with a written release from this agreement, all conditions and requirements contained herein shall apply during the period of my conditional access to CUI and at all times thereafter.

I am [check appropriate box]:

|_| An employee of the Offeror named above.

Name of company: ___________________________________________________

Address: _________________________________ Phone: __________________