Attachment 8 - Non-Disclosure Agreement (NDA).docx

ATTACHMENT 8

NON-DISCLOSURE AGREEMENT

SUBJECT: NON DISCLOSURE AGREEMENT/OCI-PCI Representation

REFERENCE Contract No.: CONTRACTOR:

I, _______________, understand that, in the course of my employment with _______________ (contractor), its subcontractors or consultants, I may, while providing services under the above contract, have access or routinely come into contact with non-public information and documents including, but not limited to, planning, programming, financial, budgeting or execution (PPBE) information, classified information, procurement information (e.g., future requirements, statements of work, and acquisition strategies), source selection information (e.g., bids, proposals, source selection plans, offeror evaluations and source selection decisions), trade secrets and other confidential/proprietary business information (e.g., confidential business information submitted by a contractor), attorney work product, attorney-client privilege information, Privacy Act-protected information (e.g., social security numbers, home addresses and telephone numbers) (PPI), or other sensitive data such as leases, internal memoranda and correspondence and a wide variety of other documents and information that must be safeguarded from disclosure (hereinafter “non- public information”).

I agree that, as a condition to performing services under the above contract, I shall, in addition to any other obligations under federal law and regulations, not disclose, or cause to be disclosed, any non-public information without the prior written consent of the Contracting Officer or Contracting Officer’s representative. I further agree that such non- public information will be safeguarded in accordance with Federal law and regulations and contractor’s best commercial practices. I agree that I have an affirmative duty to determine whether a document/ information are sensitive and not subject to public release before releasing or disclosing it to any Government agency, person or organization. I understand and agree that a failure to adequately safeguard such non-public information may result in termination of my employment, civil liability or criminal penalties.

I further understand that the duty to safeguard the non-public information is a continuing personal obligation that is not terminated or otherwise modified by change of jobs or employer. I further agree that upon ending employment with contractor, its subcontractor or consultant or termination of the above contract, I will return to contractor all non- public information in my possession.

I shall ensure that my status as a contractor employee is known when seeking access to and receiving non-public information from Government employees. Appropriate restrictive legends will be included on any copies or reproductions (paper or electronic) made of all non-public information and any data that is derived from, based upon, incorporates, includes or refers to the non-public information.

The duties described herein are in addition to, and independent of, any Procurement Integrity Certifications I may subsequently execute.

****These provisions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by existing statute or Executive order relating to (1) classified information, (2) communications to Congress, (3) the reporting to an Inspector General of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, or

(3) any other whistleblower protection. The definitions, requirements, obligations, rights, sanctions, and liabilities created by controlling Executive orders and statutory provisions are incorporated into this agreement and are controlling.****

I further represent that I have no past, present, or currently planned interest (financial or otherwise) relating to the work to be performed under this contract that would impinge my ability to render impartial, technically sound, and objective assistance or advice or in performing this contract. I further agree to disclose immediately to the Government any conflict of interest that arises after contract award to contractor. I also agree that I will not compete as an offeror or as a member of an offeror’s team for any contract award that involves or relates to the services provided under the above referenced contract.

Signature:

Name: