NDA.doc

SOLICITATION NO. GS11P10MKC0059

PHASE 1B TUNNELS

ST. ELIZABETHS WEST CAMPUS CONSOLIDATION PROGRAM

Washington, DC DISSEMINATION OF SENSITIVE BUT UNCLASSIFIED DOCUMENTS (SPECIFICATIONS AND DRAWINGS) INCOEPORATED AS A PART OF THIS SOLICITATION GS11P10MKC0059

The General Services Administration (GSA) has made arrangements with

Mr. Darryl Rose

Blueboy Document Imaging

214 L Street, NE

Washington, DC 20002 Phone: (202)265-0272 to assist the General Services Administration in the distribution of a disk containing technical specifications and drawings issued under this Invitation for Bid (IFB). This disk, or other media, may be ordered and purchased directly from the Print Shop at cost by any interested company.

By purchasing this disk, or other media, your company and your subcontractors agree to print, sign and submit the attached form entitled “Confidentiality and Non-Disclosure Agreement for Obtaining Sensitive but Unclassified Documents and Information”. This three (3) page form may be submitted by fax on (202)373-0164; or by direct email to tiphenie.wise-traynham. .

The Government intends to verify firms submitting Agreements with the list of firms acquiring the documents. Additionally, the Government would like to remind all firms of the Penalties for misuse of Government Property:

Penalties. The Party acknowledges that disclosure of Protected Material is governed by several Federal statutes and regulations and that unauthorized disclosure may subject the Party, the discloser and the disclosee to criminal, civil and/or administrative penalties. These statutes include, but are not limited to, 41 U.S.C. § 423, 41 U.S.C. 253b, and 41 U.S.C. 254b.

Attachment:

Confidentiality and Non-Disclosure Agreement for Obtaining Sensitive but Unclassified Documents and Information Confidentiality and Non-Disclosure Agreement for Obtaining Sensitive but Unclassified Documents and Information

_____________________________________________________________ (Name of Firm; the “Party”), has received documents determined to contain certain Sensitive but Unclassified (“SBU”) information as defined in GSA Order PBS 3490.1 (whether labeled in accordance with that order or otherwise), or other information designated as “Protected Material” by the GSA St. Es Program Office (“GSA PMO”).

The Party understands and acknowledges that it is responsible for the overall custody of, protection of, and access to Protected Material and that any disclosure of the Protected Material not permitted by this Confidentiality and Non-Disclosure Agreement may compromise the security of the DHS Headquarters Facility, its occupants, and the American public.

Accordingly, the Party promises to:

1.

Limit dissemination to authorized users;

Dissemination of Protected Material shall only be made upon determination that the recipient is authorized to receive it. The criterion to determine authorization with respect to SBU information is need-to-know. Other criterion may apply to other types of Protected Material, as required by Federal law. Those with a need-to-know are those who are specifically granted access for the conduct of business on behalf of or with GSA. This includes all persons or firms necessary to do work at the request of the Government, such as architects and engineers, consultants, contractors, sub-contractors, suppliers, and others that the contractor deems necessary in order to submit an offer/bid or to complete the work or contract, as well as maintenance and repair contractors and equipment service contractors.

Note: It is the responsibility of the person or firm disseminating the information to assure that the recipient is an authorized user and to keep records of recipients.

2.

Verify the identity of authorized users;

Authorized non-Government users shall provide valid identification to receive SBU information or other Protected Materials. The identification shall be presented and verified for each dissemination. Valid identification shall be all items (a) through (c) below, and including item (d), as necessary:

(a) A copy of a valid business license or other documentation granted by the state or local jurisdiction to conduct business. The license at a minimum shall provide the name, address, phone number of the company, state of incorporation, and the name of the individual legally authorized to act for the company. The business must be of the type required to do the work. A general contractor’s license may be substituted for the business license in states that issue such licenses. In the rare cases where a business license is not available from the jurisdiction, the information shall be provided and testified to by the submitter;

(b) Verification of a valid DUNS number against the company name listed don the business license or certification. Verification may be obtained through http://www.fpdc.gov, or by calling Dun & Bradstreet at 703-807-5078 to set up an account;

(c) A Valid IRS Tax ID Number of the company requesting the information; and, as necessary,

(d) A Valid picture state driver’s license shall be required of person(s) picking up SBU documents or other Protected Materials. The Party must verify with a previously validated authorized user that the individual(s) picking up the documentation is authorized to do so by the company obtaining the documents. SBU documents and other Protected Material will not be released to any individual or firm who has not, either previously or at the time of pickup, supplied the required documentation as outlined in paragraphs (a) through (c), above.

3.

Utilize the Protected Materials solely for the purposes justifying the Party’s authorization to receive Protected Materials;

4.

Prior to disclosure of any Protected Materials, require the execution of a Confidentiality and Non-Disclosure Agreement by any person or entity obtaining access to the Protected Material;

5.

Prior to disclosure of any Protected Materials, require evidence of recipient’s HSPD-12 clearance, if such clearance was required by any agency of the United States Government for work associated with the St. Es Campus;

6.

Retain hard copies of Protected Materials in a limited access location at all times that Protected Materials are not being used;

7.

Retain electronic copies of Protected Materials on encrypted, password-protected hardware; and

8. Refrain from taking photographs on site, unless expressly authorized by contract or if granted written permission from the GSA PMO.

9.

Take all other necessary or prudent precautions or steps required to safeguard and control access to and distribution of the Protected Material.

Further, if the Party is not an individual, the Party promises to:

10.

Maintain a log of all persons or entities granted access to Protected Material; and

11.

Maintain a log of any reproductions of the Protected Material.

Term of Effectiveness. The above promises shall continue throughout the entire term of the applicable contract and until such promises are determined by the GSA PMO (in writing) to be no longer necessary.

Record Copies. Necessary record copies for legal purposes (such as those retained by the architect, engineer, or contractor) may be allowed by the GSA PMO (in writing) on a case-by-case basis, and must be safeguarded against unauthorized use for the term of retention.

Document Destruction. Documents shall be destroyed as directed by the GSA PMO. Destruction shall be accomplished by burning or shredding hardcopies, and/or physically destroying CDs, deleting and removing files from the electronic recycling bins, and removing material from computer hard drives using a permanent erase utility or similar software.

Disposal Certification. Within two weeks of being directed to destroy documents, the Party shall provide a written certification, signed under penalty of perjury, that it has properly disposed of the Protected Materials. I the Party is not an individual, it shall further certify that any individual or entity listed on the log required by item (9), above, has properly disposed of the SBU building documents, with the exception of the contractor’s record copy (if authorized in writing by the GSA PMO), at the time of Release of Claims to final payment.

General Requirement. The recipient acknowledges the requirement to use reasonable care, as outlined above, to safeguard the documents and, if not awarded the contract (and at the completion of any protect/appeal process) will make every reasonable and prudent effort to destroy or render useless all Protected Materials received.

Penalties. The Party acknowledges that disclosure of Protected Material is governed by several Federal statutes and regulations and that unauthorized disclosure may subject the Party, the discloser and the disclosee to criminal, civil and/or administrative penalties. These statutes include, but are not limited to, 41 U.S.C. § 423, 41 U.S.C. 253b, and 41 U.S.C. 254b.

Incorporation by Reference. This Confidentiality and Non-Disclosure Agreement shall be contractually “flowed down” to any entity or individual receiving Protected Materials. Accordingly, the Party agrees that this Confidentiality and Non-Disclosure Agreement is incorporated into the Party’s contract with GSA (the “Prime Contract”), the Party’s contract with an entity performing the Prime Contract or an entity performing under the Prime Contract (each a “Subcontract”), or the Party’s employment contract with a company performing a Prime Contract or Subcontract, as applicable.

Signed this __________day of _______________________, 2010, Company:

Signature Name:

Title:

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