Attachment 04_PWS_Appendix C_Non-Disclosure Agreement.docx

Contract Number TBD Appendix D – DoD Regulations/Manuals/Instructions/Directives

FA8052-20-R-0001

APPENDIX C

HQ USAF/SG NON-DISCLOSURE AGREEMENT

REVISED: 30 AUG 2007

Purpose: The purpose of this Non-Disclosure Agreement (NDA) is to confirm in writing that the undersigned understands his/her responsibilities regarding protection of information and/or material that he/she may come in contact with in the course of work performed under this agreement. This NDA covers all forms of information made available as Government Furnished Information (GFI) or information/material developed under this agreement, whether in the form of working materials or as deliverable product. This NDA applies to unclassified Government information/material, proprietary information/material supplied by other vendors for use by the Government, and classified Government information/material and is intended to supplement, not replace, the DD Form 254. All information/material released to the contractor remains the property of the US Government and may be withdrawn at any time.

Responsibility: As a condition of acceptability for work under this contract with 773 ESS/PK on behalf of AFMRA, individuals are required to complete the attached NDA:

NON-DISCLOSURE AGREEMENT

FOR

CONTRACTOR/SUBCONTRACTOR EMPLOYEES, SENIOR MANAGERS OR

CORPORATE OFFICERS

(Agreement)

I, ___________________________________________________________ (clearly print or type name), an employee, senior manager, or corporate officer of either _________________________ or a subcontractor to _____________________ under Prime Contract number ______________________; Task Order _____________________ awarded to ______________________ by the AFMRA office (Customer) agree not to disclose to any third party or anyone who is not performing work for the Customer and who does not have a need to know such information, any proprietary, source selection sensitive information, programmatic, or budgetary information (Information) contained in or accessible through the AFMRA programs and activities. Proprietary, programmatic, budgetary and source selection sensitive information and data will be handled in accordance with Government direction under the AFMRA program and applicable Government laws and regulations, including Federal Acquisition Regulation (FAR) Sections 3.104 and 9.5.

I understand that Information I may receive or possess, as a result of my assignment to work on AFMRA activities under this Contract may be considered proprietary, source selection sensitive information, and/or For Official Use Only. The responsibilities of my employer for the proper use and protection from unauthorized disclosure of proprietary or source selection sensitive information are described in FAR 3.104. Pursuant to FAR 3.104, I agree that I shall not appropriate such information for my own use or release or discuss such information with third parties unless specifically authorized by the procedures set forth in FAR 3.104.

This Agreement shall continue for a term of five (5) years from the date upon which I last have access to such information. Upon expiration of this Agreement, I have a continuing obligation not to disclose proprietary, programmatic, budgetary or source selection sensitive information to any person or legal entity unless that person or legal entity is authorized by the Government to receive such Information. I understand that any violation of my duty to protect proprietary or source selection sensitive information I was exposed to while working as an employee of _______________________ company working under the Prime Contract, subcontract, or task order as referenced above may subject me, and/or my employer, to administrative, civil and criminal sanctions.

I understand that the United States Government 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. Court costs and reasonable attorney fees incurred by the United States Government may be assessed against me if I lose such action. I understand that another company might file a separate claim against me if I have misused its proprietary information.

In the event that I seek other employment, I will reveal to any prospective employer the continuing obligation in this agreement prior to accepting any employment offer.

If signing as a corporate officer of either the Prime or Subcontractor, I certify that I am a duly authorized representative with legal authority to bind the Company.

Agreed and Accepted:

(Printed Name of Employer)