Attachment 5 -- Non-disclosure statement - PPBE PA E approved.doc

FA7014-08-R-0023 Attachment 5

NONDISCLOSURE

In the course of performance pursuant to this contract, the contractor will access nonpublic information, including Planning, Programming, Budgeting and Execution (PPBE) information. Contractor agrees that it will not use or disclose any such information unless authorized by the Task Monitor. Contractor further agrees that it will use its best efforts to ensure that its employees and others performing services under this contract will not use or disclose any such information unless authorized by the Task Monitor. To that end, Contractor agrees that each of its employees and others performing duties under this contract will sign the Certificate of Nondisclosure set forth below.

CERTIFICATE OF NONDISCLOSURE

I, __________________________, (hereinafter RECIPIENT), an employee and authorized representative of _________________________________, a Contractor providing support services to the Director, Defense Research and Engineering (DDR&E) and likely to have access to nonpublic information, agree to and promise the following:

WHEREAS RECIPIENT is engaged in delivering support services to DDR&E under contract; and

WHEREAS it is the intention of DDR&E to protect and prevent access to and disclosure of nonpublic information, including Planning, Programming, Budgeting and Execution (PPBE) information, to anyone other than employees of the United States Government and others who have a need to know, unless so authorized by the Task Monitor; and

WHEREAS DDR&E acknowledges that RECIPIENT will have or require access to such nonpublic information in the course of delivering the contract services; and therefore, WHEREAS RECIPIENT will be given or otherwise have access to nonpublic information while providing such services; and finally, WHEREAS "nonpublic information" includes such information as PPBE information, proprietary information (e.g., information submitted by a contractor marked as proprietary), advance procurement information (e.g., future requirements, statements of work, and acquisition strategies), source selection information (e.g., bids before made public, source selection plans, and rankings of proposals), trade secrets and other confidential business information (e.g., confidential business information submitted by a contractor), attorney work product, information protected by the Privacy Act (e.g., social security numbers, home addresses and telephone numbers), and other sensitive information that would not be released by DDR&E under the Freedom of Information Act (e.g., program, planning and budgeting system information);

NOW THEREFORE, RECIPIENT agrees to and promises as follows:

RECIPIENT shall not seek access to nonpublic information beyond what is required for the performance of the support services contract;

RECIPIENT will ensure that his or her status as a contractor employee is known when seeking access to and receiving such nonpublic information from Government employees;

As to any nonpublic information to which RECIPIENT has or is given access, RECIPIENT shall not use or disclose such information for any purpose other than providing the contract support services, and will not use or disclose the information for any personal or other commercial purpose; and

If RECIPIENT becomes aware of any improper release or disclosure of such nonpublic information, RECIPIENT will advise the Task Monitor in writing as soon as possible.

The RECIPIENT agrees to return any nonpublic information given to him or her pursuant to this agreement, including any transcriptions by RECIPIENT of nonpublic information to which RECIPIENT was given access, if not already destroyed, upon RECIPIENT leaving the contract.

RECIPIENT understands that any unauthorized use, release or disclosure of nonpublic information in violation of this CERTIFICATE will subject the RECIPIENT to administrative, civil or criminal remedies, as may be authorized by law.

RECIPIENT: ______________________________________

DATE:

(Signature)

PRINTED NAME: ________________________________________

TITLE: _________________________________________________

EMPLOYER: ____________________________________________

Attachment 1