Attachment J-3 Non-Disclosure Agreement.doc

HC1028-11-R-2029

Attachment J-3 Non-Disclosure Agreement (NDA)

NON-DISCLOSURE OF SENSITIVE, PROPRIETARY OR SOURCE SELECTION INFORMATION

The Contractor acknowledges that during the course of the pre-award and post-award acquisition phase for the DISA Computing Services Facilities Team Support Services, it may or otherwise have access to Agency Planning, Programming or Budgeting System (PPBS) information, workload data representing the volume of business at DISA/CS operating sites and other sensitive, proprietary or source selection information.

The Contractor agrees that it will use such information solely for the purpose of providing the information requested by DISA/CS and will not appropriate any information received for its own use or that of other persons or entities. The Contractor further agrees to take all necessary steps to prevent disclosure of such information to any party outside the government, to any employee of a federal agency other than the Defense Information Systems Agency, or to any of its employees not authorized to receive it or who have not signed a non-disclosure agreement. In the event release of information to a third party is required, it may be made only with the prior written consent of the Contracting Officer.

The Contractor agrees to instruct all of its employees having access to the information about both the nature of the information and the circumstances under which the contractor has possession of or access to it. Contractor personnel shall not engage in any action, venture or employment where such information is used to benefit any party or parties, other than those who supplied the information.

Prior to receipt of any information from the agency or the provision of any information in response, the contractor shall require its personnel to sign the non-disclosure agreement reproduced below and shall forward the signed agreements to the Contracting Officer. The contractor shall restrict access to the information provided by DISA/CS to the minimum number of employees necessary to provide informed responses.

This agreement shall continue for a term of five (5) years from the date on which any employee of (insert company name) last had access to the information described above. The contractor acknowledges its continuing obligation not to disclose sensitive, proprietary, or source selection information to any person or legal entity unless that person or legal entity is authorized by the Head of the Agency, the Contracting Agency or the Contracting Officer to receive such information. The contractor acknowledges its understanding that violations of this agreement subject it to possible administrative, civil and criminal sanctions.

THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF AN AGENCY OF THE UNITED STATES AND THE MAKING OF A FALSE, FICTITIOUS, OR FRAUDULENT CERTIFICATION MAY RENDER THE MAKER SUBJECT TO PROSECUTION UNDER TITLE 18, UNITED STATES CODE, SECTION 1001.

COMPANY NAME____________________________________

BY: ____________________________________________

Title: _________________________________________

Date: __________________________________________

DEFENSE INFORMATION SYSTEMS AGENCY (DISA)

NONDISCLOSURE AGREEMENT FOR CONTRACTOR EMPLOYEES

DISA/COMPUTING SERVICES (CS)

Facilities Team Support Services

I, (print or type name), an employee of (insert name of company), a contractor acknowledge that during the course of the pre-award and post-award acquisition phase for the Capacity Services Communications, I may have access to Agency Planning, Programming or Budgeting System (PPBS) information, workload data representing the volume of business at DISA/CS operating sites, and other sensitive, proprietary or source selection information. The responsibility for the proper use and protection of such information is defined in 41 U.S.C. Section 423 and the implementing regulations at FAR 3.104 and in the Privacy Act, 5 U.S.C. Section 552.

I agree that I will use such information solely for the purpose of providing information requested by DISA/CS and that I will handle all information received in accordance with Federal statutes and regulations. I agree not to disclose such information to any individual, either within or outside (insert company name), unless authorized to do so and the recipient has signed a non-disclosure agreement and the Contracting Officer has been provided with a copy of such agreement. I also agree not to appropriate such information for my own use or that of (insert name of company) or to release or discuss it with third parties unless I have prior written authorization from the Contracting Officer to do so.

This agreement shall continue for a term of five (5) years from the date on which I last have access to the information described above. I understand that upon expiration of this agreement, I have a continuing obligation not to disclose sensitive, proprietary, or source selection information to any person or legal entity unless that person or legal entity is authorized by the head of the agency, the contracting agency or the contracting officer to receive such information. I understand that violations of this agreement subject me and (insert name of company) to possible administrative, civil and criminal sanctions.

THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF AN AGENCY OF THE UNITED STATES AND THE MAKING OF A FALSE, FICTITIOUS, OR FRAUDULENT CERTIFICATION MAY RENDER THE MAKER SUBJECT TO PROSECUTION UNDER TITLE 18, UNITED STATES CODE, SECTION 1001.

Signature of Contractor Employee ________________________________

Printed Name ____________________________________________________

Date: ___________________________________________________________

E-Mail Address and Telephone Number _____________________________