Attachment 7 PWS Sec 1142 NDA DHA Form 49.pdf

FORM 49 Attachment 2 Previous editions are obsolete

DHA CONTRACTOR NON-DISCLOSURE AGREEMENT (“AGREEMENT”)

(March 20, 2024)

I, _________________________________________, am an employee representative of, ____________________________________________________________ (Business Name), a contractor to the

Defense Health Agency (DHA) under Contract No. ________________________________________________, through Delivery Order No. (as applicable) ______________________________________________________.

It is understood that, in performance under this contract, employees may have access to, or otherwise receive, sensitive or proprietary business, technical, financial, and/or source selection information belonging to the Government or other contractors. This information includes, but is not limited to, cost/pricing data, Government spend plan data, contractor technical proposal data, contractor trade secrets, independent government cost estimates, proposal and evaluation and source selection information, negotiation strategies and contractor data presented in negotiations, contracting plans, and statements of work. It is agreed not to discuss, divulge, or disclose any such information or data to any person or entity, except those persons directly involved, on behalf of the DHA, in the acquisition or contract action to which the protected information pertains, as identified by the DHA contracting officer. It is acknowle dged that the unauthorized disclosure, use or negligent handling of the information could cause irreparable injury to the owner of the information.

As used in this Agreement, sensitive information is an overarching term that also includes, but is not limited to, sensitive but unclassified information/data, Protected Health Information, For Official Use Only information/data, and Privacy Information. This includes information in routine Department of Defense payroll, finance, logistics, inventory, and personnel management systems. The loss of, misuse of, or unauthorized access to or modification of this information 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.

It is attested that all employees are aware of, and will comply with the standards for access, dissemination, handling, and safeguarding of the information to which are granted access as cited in this Agreement and in accordance with the guidance provided relative to the specific category of information.

It is understood that the United States Government may seek any remedy available to it to enforce this Agreement, including, but not limited to, application for a court order prohibiting disclosure of information in breach of this Agreement. Court costs and reasonable attorney fees incurred by the United States Government may be assessed against any employee if there is a loss of such action. It is understood that another business entity might file a separate claim against any employee if there is a misuse of its proprietary information.

Sensitive, proprietary, confidential commercial, or source selection information/data will be handled in accordance with Government regulations, policies, and procedures. It is further understood that the obligations under this Agreement continue through the life of this contract, and are not limited by the signing of a new agreement or by the term of my employment as a contractor employee providing services to the Government. It is fully understood that information does not lose its protected nature due simply to the passage of time, and the obligation of non-disclosure continues unless and until the information clearly falls under categories a through d) in the next paragraph.

FOR OFFICIAL USE ONLY - See FAR 2.101 and 3.104

FOR OFFICIAL USE ONLY - See FAR 2.101 and 3.104

Form 49 Attachment 2 2 Previous editions are obsolete

DHA CONTRACTOR NON-DISCLOSURE AGREEMENT (“AGREEMENT”)

(March 22, 2019)

The obligations imposed herein do not extend to information/data which:

a) is in the public domain at the time of receipt or it came into the public domain through no act of mine;

b) is disclosed with the prior written approval of the DHA designated Contracting Officer;

c) is demonstrated to have been developed by__________________________________________ (Business Name) or me independently of disclosures made hereunder; and

d) is disclosed pursuant to court order, after notification to the DHA designated Contracting Officer.

In the event that I seek other employment, I will reveal to any prospective employer the continuing obligation in this Agreement prior to accepting any employment offer.

The Agreement has been carefully read, and questions, if any, have been answered to satisfaction.

Date

Business Entity

(Printed Name of Employee Representative)

(Signature of Employee Representative)

(Witness Signature) Date

Attachment: List of OptumHealth Care Solutions, LLC's employees

OptumHealth Care Solutions, LLC acknowledges and attests that all contractors and it subcontractors performing services on the GNAL 18-Month Follow-On Bridge Contract HT001125CE007 abide by the terms of the DHA Contractor Non-Disclose Agreement (NDA).