Attachment L-1.2 Non-Disclosure Agreement.docx

Attachment L-1.2 Non-Disclosure Agreement

The parties to this Non-Disclosure Agreement are the Defense Health Agency ("DHA") and (Name of Entity), an entity that is a potential offeror to the Department of Defense (DOD) for TRICARE Pharmacy Program (TPharm5).

In order to protect certain confidential and protected information ("Confidential and Protected Information") which will be disclosed by reason of 's (Name of Entity) participation as a potential offeror in the above described solicitation, the undersigned ("Recipient"), acting for and in behalf of the entity named above, agrees as follows:

1. Definition of Confidential and Protected Information. The "Confidential and Protected Information" disclosed under this Agreement is described as:

All iterations of Detail Level Claims Data for TPharm.

2. Use of Protected Confidential and Protected Information.

(Entity Name) shall use the Confidential and Protected Information only for the purposes of participating as a potential offeror in the above described solicitation only. The Confidential and Protected Information will not be used for any other purposes including commercial purposes or government purposes.

(Entity Name) shall maintain the confidentiality of any and all materials, information, or actions as they relate to issues involving the above described solicitation that may be discussed with TRICARE personnel and other TRICARE contractors.

3. Protection of Confidential and Protected Information.

(Entity Name) shall protect the Confidential and Protected Information by not divulging, publishing, or revealing by word, conduct, or any other means, any Confidential and Protected Information to any other person, except in accordance with direction from the DHA Contracting Officer responsible for the above described solicitation.

(Entity Name) agrees not to decode/unscramble any data received from the Government pursuant to its participation in the above described solicitation.

(Entity Name) understands that it must use the same degree of care, but no less than a reasonable degree of care, to prevent the unauthorized use, dissemination or publication of the Confidential and Protected Information to any third party, or to any employee who does not have a need to know such information, except to the Government in response to and in support of 's (Entity Name) participation in the above described solicitation.

(Entity Name) agrees to be responsible for compliance with this agreement by each of its employees, subcontractors, venders, partners, etc.

(Entity Name) agrees to promptly report any mishandling, loss or unauthorized disclosure of Confidential and Protected Information.

(Entity Name) also understands that an employee's failure to comply with the requirements to protect Confidential and Protected Information may result in penalties that may be imposed by (EntityName) as an employer for violation of employment rules and/or penalties that may be imposed for a violation of law.

4. Destruction and/or Return of Data. When the data is no longer necessary for purposes of participating in the above described solicitation, or at the direction of the DHA Contracting Officer, (Entity Name) agrees to contact the DHA Contracting Officer for instruction regarding the destruction and/or return of the data.

5. Entire Agreement. This Agreement sets forth the entire agreement with respect to the Confidential and Protected Information disclosed herein and supersedes all prior or contemporaneous agreements concerning such Confidential and Protected Information, whether written or oral. All additions or modifications to this Agreement must be made in writing.

6. Governing Law. This Agreement is made under and shall be construed according to the laws of the United States.

Name:

Title:

Address:

Email Address :

Business Phone Number:

HT940220R0002 Page 1 of 2 Attachment L-1.2