Attachment C WHS NDA 20240710 BLANK.pdf

Non-Disclosure Agreement – Controlled Unclassified Information HQ003426RE0066 96001 Metro Entrance Pedestrian Access Control Point

Revised July 10, 2024

SUBJECT: NON-DISCLOSURE AGREEMENT

Conditional Access to Pentagon-Related Information and Controlled Unclassified Information (CUI)

Project: _____________________________________________________________________

CONTRACTOR/SUBCONTRACTOR: ___________________________________________

I, as an authorized official of the above contractor or subcontractor firm, acknowledge and agrees on behalf of the contractor or subcontractor firm shown that, in consideration of being granted conditional access to the non-public information described below, contractor company and its employees agrees to the terms of this Non-Disclosure Agreement. This Non-Disclosure Agreement supplements any contract and task order terms.

Contractor or subcontractor understands that in the course of contractor’s performance of the above project, contractor may be provided access by the Government or routinely come into contact with non-public information and documents including, but not limited to, (Controlled Unclassified Information - CUI) information and documents such as Pentagon-related drawings, designs, plans and other similar and confidential/proprietary information and documents or other sensitive data such as internal Government memoranda and correspondence and a wide variety of other documents and information that must be safeguarded from disclosure (hereinafter “non-public information”).

As used in this Agreement, for CUI only, is an over-arching term that covers any information, not otherwise indicated above, which the loss of, misuse of, or unauthorized access to or modification of could adversely affect the national interest or the conduct of Federal programs, or the privacy to which individuals are entitled under Section 552a of Title 5, as amended, but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense or foreign policy.

Contractor or subcontractor agrees that it has an affirmative duty to determine whether any document or information are sensitive and not subject to public release under this NDA and then obtain written Government approval before releasing or disclosing the document/information to any Government entity, person or organization whether public or private.

Contractor or subcontractor understands and agrees that a failure to adequately safeguard non-public information may result in termination of its access to the non-public information.

Contractor or subcontractor shall ensure that its status as a contractor is known when seeking access to and receiving non-public information from Government employees.

Revised July 10, 2024

Appropriate restrictive legends will be included by contractor 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.

Contractor or subcontractor shall promptly (no later than one business day) report to the Contracting Officer or the Contracting Officer’s representative any actual or suspected unauthorized use, disclosure, release, or reproduction of the non-public information, any receipt of or access to non-public information that is classified or CUI, or any violation of this agreement of which contractor is or may become aware.

Contractor or subcontractor/licensee further understands and agrees that the duty to safeguard the non-public information is a continuing obligation that is not terminated or otherwise modified by contract expiration or termination.

Contractor or subcontractor further agrees to bind all employees, subcontractors, suppliers, vendors and consultants to the non-disclosure obligations set forth in this agreement.

Contractor or subcontractor further agrees that it shall (a) return all non-public information to the Federal Government or otherwise destroy the non-public information with the Government’s written consent and (b) obtain specific written consent from the Government to retain any non-public information or any documents prepared by contractor or subcontractor/licensee, in whole or in part, using, referring to or based on the non-public information furnished by the Government under the license agreement such as As-Built drawings.

Contractor or subcontractor understands that the United States Government may conduct inspections, at any time or place, for the purpose of ensuring compliance with the conditions for access, dissemination, handling and safeguarding information under this Agreement.

Contractor’s or subcontractor’s execution of this Agreement shall not nullify or affect in any manner any other secrecy or non-disclosure Agreement which I have executed or may execute with the United States Government or any of its departments or agencies.

By/Signature: _______________________________________________

Name Printed: _______________________________________________

Date:

Revised July 10, 2024

Government Receiver: _________________________________________

Government Receiver Name: ____________________________________

Date:

Contracting Officer’s Representative 1155 Defense Pentagon, Suite: SMOC 104A Washington, DC 20301-1155