FDA-21-RFQ-1244596_Attachment 3 - Contractors Commitment to Protect Non-Public Information (NPI) Agreement.pdf

ATTACHMENT 3

CONTRACTOR’S COMMITMENT TO PROTECT

NON-PUBLIC INFORMATION (NPI) AGREEMENT

FORM FDA 3398

Department of Health and Human Services Public Health Services

Food and Drug Administration

Whereas access to non-public information (NPI) from the files of the Food and Drug Administration (FDA) is required in the performance of my official duties, under Contract Number ,_________________, and between FDA and my employer________________________________________________________________________

I, on this _______________day of ______________,20_____, hereby agree that I shall not further release, publish or disclose such information and I shall protect such information entrusted to me in accordance with the provisions of 21 U.S.C. § 331(j), 21 U.S.C. § 360(j), 18 U.S.C. § 1905, and other pertinent laws and regulations governing the confidentiality of nonpublic information.

I understand the provisions of 21 U.S.C. § 331(j), 21 U.S.C. § 360(j), 18 U.S.C. § 1905 and that I am subject to criminal penalties prescribed by law for any violation thereof.

Further, I agree to:

1. Store NPI in the secured offices of the FDA or in FDA approved contractor facility containers if work is performed off an FDA site.

2. Grant access to NPI only to known employees of the FDA or to other persons designated in writing by the FDA.

3. Return all NPI and any pertinent notes to the FDA Project Officer or COR I am assigned to upon completion of the contract, or at any time upon the FDA’s request.

4. Report in writing to the FDA Project Officer or COR I am assigned to, all incidents in which unauthorized persons may have gained access to any NPI entrusted to me.

Signature: ________________________________________ Date: _________________________

Type or Print Name: __________________________________________________________________

Witnessed by: _______________________________________________________________________

Type or Print Name: ________________________________ Date: _________________________