Attachment_E_-_Confidential_Nondisclosure_Agreement.pdf

ATTACHMENT B

CONFIDENTIAL INFORMATION NONDISCLOSURE AGREEMENT

AN AGREEMENT BETWEEN

THE U.S. DEPARTMENT OF EDUCATION AND _________________

(Recipient)

1. In consideration of the U.S. Department of Education (Department) granting to me access to Department records containing confidential information, Recipient hereby accepts the obligations contained in this Confidential Information Nondisclosure Agreement (Agreement).

2. As used in this Agreement, confidential information is marked or unmarked confidential information, including oral communications that, if disclosed, may or may not result in a tangible and intangible loss to the Department, its officers, or employees. Confidential information includes, but is not limited to, (1) information that is labeled “FOR OFFICIAL USE ONLY”,“CONFIDENTIAL”, “SENSITIVE BUT UNCLASSIFIED”, “PRIVILEGED”, “DELIBERATIVE”, or any other similarly labeled information, (2) proprietary Department business or commercial information exempt from disclosure to the public under the Freedom of Information Act or other laws, (3) personal data, personally identifiable information, or similar information protected by the Privacy Act of 1974 or the Federal Information Security Management Act of 2002, (4) “source selection” information, “competitive sensitive”, or “acquisition sensitive” data for contracts or related proposals, (5) deliberative process materials, (6) monetary or budgetary information that would allow a person to avoid security measures and internal controls, and (7) information covered by the attorney-client privilege or the attorney work product doctrine. Recipient understands and accepts that the Department places a special confidence and trust in the Recipient when the Department grants the Recipient access to confidential information. Recipient agrees to protect all confidential information from any unauthorized disclosure.

3. Recipient acknowledges that the Department or its authorized designee has advised that the unauthorized disclosure, unauthorized retention, or negligent handling of confidential information by the Recipient could damage or irreparably injure the Department and its officers and employees and allow unauthorized users to gain an undue advantage against the United States. Recipient hereby agrees that Recipient will not divulge confidential information unless (a) the Recipient has officially verified that the Department has properly authorized the disclosure of the confidential information to another or (b) the Department has given prior written notice of authorization to the Recipient for the disclosure. The Recipient further understands that the Recipient must comply with all laws and regulations that prohibit the unauthorized disclosure of confidential information.

4. Recipient understands that any unauthorized disclosure of confidential information by the Recipient may constitute a violation or violations of criminal law, and Recipient agrees that nothing in this Agreement constitutes a waiver by the United States of the right to prosecute Recipient for any statutory violation.

5. Recipient hereby acknowledges that the Department may seek any remedy available to it to enforce this Agreement including, but not limited to, application for a court order prohibiting disclosure of information in breach of this Agreement. Recipient and the Department agree to the United States District Court for the District of Columbia as the exclusive forum to resolve any and all disputes arising under this Agreement and any unauthorized use, disclosure or loss of confidential information.

6. Recipient understands that all confidential information to which the Department has granted or will grant Recipient access is the property of, or under the control of, the Department unless and until otherwise determined by an authorized official. Recipient agrees to return all confidential materials that have or may come into Recipient’s possession upon demand by an authorized representative of the Department or at the Department’s discretion.

7. Recipient agrees and understands that the terms, conditions, and obligations of this Agreement survive any separation from the Department, whether by resignation, retirement, reassignment, suspension, removal, or other reason.

8. Each provision of this Agreement is severable. If a court should find any provision of this Agreement to be unenforceable, all other provisions of this Agreement shall remain in full force and effect.

9. The parties hereto agree that the terms of this Agreement are subject to, do not supersede, conflict with or otherwise alter the employee obligations, rights or liabilities under Section 7211 of Title 5, United States Code (governing disclosures to Congress) or Section 2302(b)(8) of Title 5, United States Code, as amended, by the Whistleblower Protection Act (governing disclosures of illegality, waste, fraud, abuse or public health or safety threats).

10. Recipient has read this Agreement carefully, knows and understands the contents thereof, and signs his or her name as her or her own voluntary and free act. Recipient further acknowledges that the Department has offered no promise, agreement, or representation to the Recipient in order to induce the Recipient’s signing of this Agreement. Recipient further represents that Recipient has the capacity to sign this Agreement and to agree to its terms.

Recipient Company Name: _______________________

Signature: _______________________

Company Representative: _______________________

Title: _______________________

Date: _______________________