FFP RFP Attachment 8 Confidentiality Agreement.doc

Attachment 8

15JPSS22R00000039

SEQ CHAPTER \h \r 1CONFIDENTIALITY AGREEMENT Agreement made by and between “TBD” a contractor, known as the Employer, doing business with the United States Department of Justice, pursuant to Government Contract Number “TBD” the United States Department of Justice; and

__________________________________, who resides in the City of ______________________, State of ___________________, known as the Employee.

RECITAL

This Agreement supplements any employment agreement between the Employee and the Employer and is entered into for the purpose of protecting the data, information and property of the United States Government.

TERMS OF EMPLOYMENT

A. Employee shall, in consideration for his/her employment and acquiescence by the United States Department of Justice to his/her performing work on the above referenced contract, abide by the terms and conditions of conduct set forth below and in the referenced statues and rules pertaining to the security and safety of government property and information.

B. Except as is necessary to fully perform duties under this contract, and as is directly approved by either the Employee’s supervisor, the Contracting Officer, or the Contracting Officer’s Technical Representative, the Employee, during his/her employment or at any time thereafter, will not:

(1) reveal, divulge, publicize or otherwise disseminate any information, oral or written, obtained as a result of his/her work and performance on this contract, unless that information shall have been made public or have been designated by the Government for release to the public; and

(2) take, destroy, alter, or convert to his/her own use any written or printed material (e.g. documents, books, pamphlets, brochures, reports) or physical property without first obtaining approval from the Government.

C. The Employee understands that law and regulation protect the integrity of information obtained during performance under this contract and that nay failure to properly secure and maintain the privacy of such information may violate the law and may subject the Employee to criminal prosecution and penalty or civil liability. The Employee’s use of information, access which is gained because of work on the contract, may be limited by the Privacy Act, 5 U.S.C 552.a ; may be confidential pursuant to Section 1905 of Title 18 of the United States Code ; may be secret and its dissemination prohibited by the Rule 6 of the Federal Rules of Criminal Procedure, Title 18 of the United States Code ; may be limited by an Order of the Court, such as Protective Order ; or limited by other statutes, regulations or rules of court.

D. The Department of Justice shall be entitled to petition any competent court to enjoin and restrain acts and behavior prohibited by this Agreement and, or in conjunction with, seeking relief under one of the statutes or rules referenced above.

E. The Employee understands that all materials provided by the Government, including documents, copies thereof, notes or working papers derived or produced therefrom, are the property of the United States. If required to do so by either the Government or the Employer, the Employee will promptly surrender such materials and derived copies, notes and/or working papers which are in his/her custody or control. The Employee understands that failure to surrender such materials promptly, or conversion of such materials to a use not called for or permitted by the contract (e.g. delivery of a document, or copy thereof, or notes containing information taken from the document, to someone not working on this contract), may be a violation of Section 641 of Title 18 of the United States Code (theft of Government property) and may subject him/her to fins (of up to $10,000) and imprisonment (up to 10 years).

F. This Agreement may be modified or changed by agreement of all the parties, in writing, in those instances in which specific circumstances dictate.

G. This Agreement shall be effective when signed by the Employee.

IN WITNESS WHEREOF, each party to this Agreement has signed and duly executed it on the date(s) indicated below.

Date

Employee

Date

United States Department of Justice