A23 - HR001125R0003 - Attachment 3 - Non-Disclosure Agreement - DRAFT.pdf

CONTRACTOR EMPLOYEE NON-DISCLOSURE AGREEMENT

I, _________________________________, an employee of ____________________________, a contractor providing support services to the Defense Advanced Research Projects Agency (“DARPA”) under Contract No. (“Contract”) will have access to or come in contact with

“Nonpublic Information,” as described below, and acknowledge the following:

It is the intention of DARPA to protect and prevent unauthorized access to and disclosure of “Nonpublic

Information,” which includes information such as: procurement sensitive information; source selection information (e.g., bids, proposals, source selection plans, and rankings of proposals); proprietary business information (e.g., information submitted by a contractor marked as proprietary); advance procurement information (e.g., future requirements, statements of work, and acquisition strategies); trade secrets;

attorney work product; information protected by the Privacy Act (e.g., social security numbers, home addresses and telephone numbers); and other sensitive information that would not be released by DARPA or the U.S. Government under the Freedom of Information Act.

As a Government contractor employee, I will engage in delivering support services to DARPA under the

Contract and agree to the following:

I shall not seek access to Nonpublic Information beyond what is required for the performance of the support services contract.

I will ensure that my status as a contractor employee is known when seeking access to and receiving Nonpublic Information from Government employees.

I will not use or disclose Nonpublic Information for any purpose other than providing support services, and I will not use or disclose Nonpublic Information for any personal or other commercial purposes.

If I become aware of any improper release or disclosure of Nonpublic Information, I will advise the Contracting Officer or the Contracting Officer’s Representative (COR) in writing as soon as possible.

I will return Nonpublic Information to which I was given access, if not already properly destroyed, upon my leaving the Contract.

I have a continuing obligation, upon my leaving the Contract, not to use, release, or disclose

Nonpublic Information for any purpose without written authorization from the Contracting

Officer or COR.

I acknowledge that the inadvertent disclosure or unauthorized use, release, or disclosure of Nonpublic

Information would violate this Agreement, the terms of the Contract, and Federal law, regulations or policy; and could form the basis for legal action against me or against my employer by the Government or the party that provided or owns the Nonpublic Information. I further acknowledge that my violation of the terms and conditions of this Agreement may result in disciplinary action against me.

This Agreement is effective as of the date I assumed my duties at DARPA.

Signature: _________________________________ Date: ___________________________

Printed Name: ______________________________ Company: _______________________